F-1 Duration of Status Rule Blocked by Court; Appeal Filed

The F-1 duration of status rule, which would have ended open-ended “D/S” admission for international students, did not take effect on 15 September 2026. On 14 September 2026, a federal judge in Massachusetts granted nationwide preliminary relief blocking the Department of Homeland Security (DHS) rule, and on 30 September 2026 the government filed a notice of appeal.

Key facts

• DHS published the final rule in the Federal Register on 17 July 2026, with an effective date of 15 September 2026.
• The rule would have capped F-1 and J-1 admission at the program length, up to a maximum of 4 years.
• On 14 September 2026, Judge F. Dennis Saylor IV of the US District Court for the District of Massachusetts blocked the rule nationwide in Presidents’ Alliance et al. v. DHS.
• On 30 September 2026, the government filed a notice of appeal to the First Circuit.
• For now, the existing duration of status (D/S) system remains in place.

What changed

Under current rules, most F-1 students are admitted for “duration of status”. That means they can stay as long as they keep studying full time and follow the rules, without a fixed end date on their I-94 record.

The DHS rule published on 17 July 2026 would have replaced this with a fixed admission period. According to the Federal Register text, admission would run “up to the program length, not to exceed a 4-year period.” Students needing more time would have had to file Form I-539 with USCIS for an extension of stay.

The rule also would have:

• cut the grace period after finishing a program from 60 days to 30 days;
• limited language training students to 24 months in total;
• stopped graduate students from changing educational objective or transferring schools during their program, unless SEVP allowed an exception.

On 14 September 2026, the day before the start date, the court stepped in. The Presidents’ Alliance, which is a plaintiff in the case, says the judge found the plaintiffs “likely to succeed” in showing the rule is arbitrary and capricious. Yale’s international office told students that the current D/S framework “remains in place for now.”

Who is affected

The F-1 duration of status rule would have applied to F-1 students, J-1 exchange visitors and their dependents, and I visa media representatives. Because the court order is nationwide, the block covers all of them for now. This includes students already in the US and new students arriving for the spring 2027 intake.

What it means for Nepali and Indian students

Nepali and Indian students are among the largest groups using F-1 visas. Many take longer programs, change majors, or move from a bachelor’s to a master’s degree. These were the groups most exposed to the fixed four-year limit and transfer restrictions.

With the rule blocked, nothing changes in daily life for now. Your I-94 should still show D/S. Your grace period after completing studies remains 60 days under current rules. You do not need to file Form I-539 for an extension.

However, this is a preliminary order, not a final decision. The appeal to the First Circuit means the rule could come back later. Plan your studies with that risk in mind, especially if you expect to need more than four years in total.

What to do now

1. Keep following normal F-1 rules: full-time enrolment, a valid I-20, and no unauthorised work. Our guide on how to maintain F-1 status covers the basics.
2. Check your I-94 record after any international trip to confirm it shows D/S.
3. Do not file Form I-539 for this rule unless your school’s DSO tells you to.
4. Read updates from your international student office. They will be the first to tell you if the appeal changes anything.
5. If you are still applying from Nepal, our F-1 student visa from Nepal guide explains the visa steps, which are not affected by this order.

What we don’t know yet

• When the First Circuit will hear the appeal, or whether the government will ask it to lift the block in the meantime.
• If the rule is later allowed to take effect, what start date DHS would use and how students admitted under D/S would be moved to fixed dates.
• University updates we checked did not list a case number, so we have not included one.

Frequently asked questions

Is the F-1 duration of status rule in effect now?

No. It was due to start on 15 September 2026, but a federal court blocked it nationwide on 14 September 2026. The current D/S system still applies.

Do I need to file Form I-539 for an extension?

Not because of this rule. The I-539 extension process only applies if the rule takes effect. Ask your DSO if you have a different reason to extend.

Can the rule still come back?

Yes. The government filed a notice of appeal on 30 September 2026. If the appeals court rules for the government, the rule could take effect at a later date.

Sources

• Federal Register: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media
• Presidents’ Alliance: Duration of Status Litigation
• Yale OISS: Important Update: Court Action on the D/S Rule
• University of Colorado Boulder ISSS: New rule effective Sept. 15, 2026: FAQs for students in F-1 status
• Tulane OISS: DHS Ends “Duration of Status” Rule for F-1 and J-1 Students and Scholars (Paused, Under Litigation)

Last checked: 2 October 2026. This is general information, not immigration advice.