On 17 July 2026, the US Department of Homeland Security published a final rule to end duration of status for F-1 students, J-1 exchange visitors and foreign media visa holders. It was due to start on 15 September 2026. A federal court postponed it on 14 September, so headlines saying the rule has ended or come into force are misleading. This guide explains what is actually true today, what the rule would change and what Indian students should do.
- Last checked on 8 October 2026
- The DHS final rule, published on 17 July 2026, is postponed by a federal court order dated 14 September 2026 in Presidents' Alliance on Higher Education and Immigration v
- DHS (case 1:26-cv-13799)
- F-1 students are still admitted for duration of status
- DHS has appealed to the US Court of Appeals for the First Circuit, as reported by Higher Ed Dive on 1 October 2026, and the postponement stays in place unless a higher court changes it
- A court status conference was set for 2 October 2026 and we could not find its outcome, so check with your university's international office before you travel.
What Is Duration of Status for F-1 Students?
Duration of status, often called D/S, lets F-1 students stay in the US for as long as they keep studying full time, with no fixed end date on their entry record. Instead of a calendar date, the I-94 record says D/S. Students stay lawful by following the rules of their program and keeping their records current.
Under this system, a student who changes university, finishes one degree and starts the next, or needs a few extra semesters does not have to ask the government for more time. The new rule was meant to replace that open-ended stay with a fixed end date.
How to Get a Student Visa for USA in 2026Read →What Would the New DHS Rule Have Changed?
The rule would give F-1 students a fixed admission period that ends on their program end date, with a four-year maximum, and cut the grace period after finishing from 60 days to 30. Students needing more time would apply to USCIS for an extension of stay. Rules for changing programs would also tighten.
- Fixed admission: stay is tied to the program end date on the I-20, capped at four years for a single admission.
- Grace period: the period after finishing a program would fall from 60 days to 30 days for students entering on or after 15 September 2026.
- Extensions: students needing more time would file Form I-539 with USCIS, which may involve biometrics and background checks.
- English language programs: admission would be limited to 24 months.
- Program changes: most students below graduate level could not transfer or change programs in their first year, and graduate students could generally not change majors.
- OPT transition: students admitted for duration of status who file for OPT or STEM OPT on or before 18 March 2027 would generally not need a separate Form I-539.
Is the Duration of Status Rule in Effect Right Now?
No. On 14 September 2026, a federal judge in Massachusetts postponed the rule's effective date and stopped DHS from implementing it while the case continues. DHS has since appealed. Until a court says otherwise, F-1 students are still admitted for duration of status, but the position could change quickly.
The case is Presidents' Alliance on Higher Education and Immigration v. Department of Homeland Security (No. 1:26-cv-13799). The court found the challengers likely to succeed in arguing that the rule is arbitrary and capricious. It did not cancel the rule for good. Higher Ed Dive reported on 1 October 2026 that DHS appealed the order to the First Circuit, and the judge has not yet decided whether to strike the rule down entirely. A status conference was scheduled for 2 October 2026 and we could not find its outcome, so treat any news after that date as something to verify with an official source.
What Should New Applicants Do Now?
Apply as you normally would and plan for both outcomes. Check that the program end date on your I-20 is accurate, keep some budget in mind for a possible extension application, and do not assume a four-year limit applies today. Confirm the latest position with your university's international student office before you travel.
If the rule returns, the end date printed on your I-20 would decide how long you are admitted. A wrong or too-short date could mean applying for an extension sooner. Ask your admissions office to check the date before they issue your I-20.
Study in the USA in 2026Read →What Should Current F-1 Students Do?
Stay in touch with your designated school official, keep your I-20 and passport details current, and avoid unnecessary changes to your program until the position is clear. If you need to travel, ask your international office whether anything in your situation changes. Do not rely on social media posts or headlines for advice.
Where Can You Track Official Updates?
Check the Study in the States website run by DHS and the Student and Exchange Visitor Program, your university's international student office, and the court docket for the case. Law firm and university updates are useful but may be days behind. Always confirm dates in an official or school source before acting.
This guide was last checked on 8 October 2026. It draws on the DHS Study in the States site, a university international office notice, law firm summaries of the final rule and the court order, and a Higher Ed Dive report on the appeal, listed under Sources below. Immigration rules can change at short notice, so this is general information, not legal advice.