Overview
Since 1991, most F-1 students have entered the US under "duration of status" (D/S). Their I-94 record had no fixed end date, and they could stay as long as they kept maintaining status. In 2026 the government moved to end that system, and a federal judge blocked it the day before it was due to start.
This guide explains what the rule would do, where the legal fight stands, and how to protect yourself while things remain uncertain.
Timeline
DHS published a final rule on July 17, 2026 to replace duration of status for F and J visa holders, with an effective date 60 days later, on September 15, 2026. On August 18, several groups filed a complaint and asked the court for a preliminary injunction.
Late on Monday, September 14, 2026, a federal judge in the District of Massachusetts (in Presidents' Alliance et al. v. DHS) issued an order preliminarily blocking DHS from implementing the rule. As a result, it did not take effect on September 15, and the D/S framework stays in place for now.
A preliminary injunction is temporary. The government can appeal, and the final outcome could still go either way, so it makes sense to understand the rule even while it is on hold.
| Date | Event |
| July 17, 2026 | Final rule published |
| August 18, 2026 | Lawsuit and injunction request filed |
| September 14, 2026 | Court issues preliminary injunction |
| September 15, 2026 | Planned effective date (did not take effect) |
What the Rule Would Change
1. Fixed admission periods instead of D/S. Students would be admitted only until the programme end date on their I-20 or DS-2019, for no more than four years, plus 30 days.
2. A shorter grace period. The F-1 post-graduation grace period would fall from 60 days to 30 days. J-1 students and scholars keep 30 days.
3. A formal extension process. Students needing more time, for example because a PhD runs past four years, would apply to USCIS for an extension of stay instead of relying on a programme extension from their school.
4. No "lateral" degrees. F-1 students who complete a degree after the effective date would be barred from enrolling in another F-1 programme at the same or a lower level. A student who finishes a US master's could not start another bachelor's or master's. That would also stop some students from enrolling in "day-one CPT" master's programmes if they already hold a US master's.
5. Dependants follow the principal. F-2 and J-2 dependants' status would expire on or before the principal's expiry date.
| Area | Current D/S system (in effect now) | Under the blocked rule |
| I-94 end date | "D/S", no fixed date | Programme end date + 30 days, max 4 years |
| F-1 grace period | 60 days | 30 days |
| Needing more time | Programme extension through DSO | Extension of stay filed with USCIS |
| Second degree at same level | Allowed | Prohibited |
The Transition Rules (If the Rule Is Revived)
Current students would not be switched over immediately. F-1 students admitted under D/S before September 15, 2026 would keep the 60-day grace period until they travel and re-enter or get an extension of stay. At that point they would receive a fixed date with a 30-day grace period.
Students with pending H-1B cases get specific protection. F-1 students who benefit from a timely filed cap-subject H-1B petition and qualify for cap-gap would not need to file an extension, and could remain in F-1 status until the H-1B is approved or April 1 of the relevant fiscal year, whichever comes first. See our H-1B fee and lottery update for the wider H-1B picture.
What F-1 Students Should Do Now
Even with the rule blocked, careful planning costs nothing and protects you if it comes back.
- Know your programme end date. Look at your I-20. If your degree is likely to run past it, talk to your DSO about extending it early.
- Check your I-94 after every entry. Download it from i94.cbp.gov and confirm it says D/S. If you receive a fixed date, speak to your DSO immediately.
- Plan your job search to fit 30 days. The grace period is still 60 days now, but a plan that works in 30 is safer.
- Think carefully about a second master's. If you are planning one, especially a day-one CPT programme, get advice first.
- Follow your school's international office. Many universities maintain live update pages on this rule.
Related reading: part-time work rules for F-1 students and OPT and CPT explained.
Common Mistakes
- Assuming the rule is dead. A preliminary injunction can be lifted or narrowed on appeal.
- Assuming the rule is in effect and filing unnecessary extensions with USCIS.
- Ignoring the I-94 after travel. Your I-94, not your visa stamp, controls how long you can stay.
- Letting your I-20 end date pass while still enrolled.
- Relying on social media posts instead of your DSO.
FAQ
Is duration of status still in effect?
Yes, for now. The court order issued on September 14, 2026 stopped the rule from taking effect on September 15.
Will I lose my 60-day grace period?
Not while the injunction stands. If the rule is revived, current students keep 60 days until they travel and re-enter or receive an extension.
Can I start a second master's degree in the US?
Under the current D/S system, generally yes. The blocked rule would prohibit it for degrees completed after the effective date, so plan with that risk in mind.
Does this affect OPT?
The rule sets out specific treatment for practical training and cap-gap. Confirm your own timeline with your DSO.
Where can I track updates?
Study in the States (studyinthestates.dhs.gov) and your university's international office.
Practical Tips
- Save a PDF of every I-94 you receive.
- Ask your DSO to review your I-20 end date at the start of each academic year.
- Avoid unnecessary international travel while the case is ongoing.
- Budget for possible USCIS extension fees if the rule is revived.
- Subscribe to your school's immigration alerts.
This is general information, not legal advice. Rules may change quickly while litigation continues; confirm with your DSO and studyinthestates.dhs.gov.
