Court Blocks New 'Fixed Period of Admission' Rule for F-1/J Visas: Status and Next Steps as of October 4

2026-10-04 · Guides

The U.S. Department of Homeland Security originally planned to eliminate Duration of Status (D/S) for F and J visas on September 15, 2026, replacing it with a fixed period of admission of up to four years. On September 14, a federal court issued a nationwide preliminary injunction, preventing the new rule from taking effect; the government appealed on September 30. This article summarizes the new rule, the litigation progress as of October 4, and what current and prospective international students should do now.

The bottom line: as of October 4, 2026, the new rule to eliminate D/S (Duration of Status) has not taken effect. On September 14, 2026, the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction, delaying the rule's original effective date of September 15. The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) are temporarily barred from enforcing it. The current D/S system remains in place. On September 30, the federal government appealed to the First Circuit Court of Appeals. The litigation is ongoing, and the rule could still take effect in the future.

So, the current status is: the old rules still apply, but this matter is far from over. Below, we break it down into three parts: what the new rule was supposed to change, where the lawsuit stands, and what students should do right now.

What the New Rule Was Supposed to Change

This final rule was published by DHS in the Federal Register on July 17, 2026, affecting holders of F (academic students), J (exchange visitors), and I (foreign media representatives) visas. The F-1 visa is the most impacted for Chinese students. The main changes are as follows:

Item	Current Practice (D/S)	New Rule (Not in Effect)
Period of Admission	Can stay as long as maintaining student status, with "D/S" marked on the I-94	Given a fixed end date based on the program length on the I-20, up to a maximum of 4 years
Need More Time	Simply have the school extend the I-20	Must apply for an Extension of Stay (EOS) with USCIS, or depart and reenter to get a new period of stay
F-1 Grace Period After Graduation	60 days	30 days
Undergraduate Transfer or Change of Major	Handled through school procedures	Generally cannot transfer or change educational objectives within the first academic year, unless SEVP approves an exception
Graduate Program Change or Transfer	Handled through school procedures	Cannot change educational objectives during the entire program; transfers are also prohibited, with SEVP exceptions only in special circumstances
Pursuing a Same or Lower Degree Level	Permitted	Cannot pursue a program at the same or lower degree level after completing a program
Language Programs	No overall time limit	Maximum of 24 months

According to DHS, the fixed period of admission includes 30 days prior to the program start date and 30 days after the program end date, in addition to the program length.

For students already in the U.S. admitted under D/S, the new rule includes a transition provision: F-1 students can continue to stay until the program end date on their I-20 as long as they do not depart the U.S., but no later than November 14, 2030. However, if they travel outside the U.S. and reenter during the transition period, they will be subject to the new rule and receive a fixed end date.

It is important to emphasize: all of the above are provisions of the new rule, which is currently blocked by the court and not being enforced.

Where the Lawsuit Stands

According to the litigation timeline published by NAFSA (Association of International Educators), the key milestones are as follows:

July 17, 2026: DHS publishes the final rule, scheduled to take effect on September 15.
August 18: NAFSA, the Presidents' Alliance on Higher Education and Immigration, and other organizations file a lawsuit in the U.S. District Court for the District of Massachusetts and request a preliminary injunction.
August 25: Attorneys General from 20 states file an amicus curiae brief in support of the plaintiffs.
September 3: The court holds a hearing on the preliminary injunction motion.
September 14: Judge F. Dennis Saylor IV grants nationwide preliminary relief, preventing the new rule from taking effect on September 15.
September 30: The federal government appeals to the First Circuit Court of Appeals.
October 2: The district court holds a status conference. The government indicates it plans to ask the appellate court to expedite the proceedings, while the plaintiffs request the court to issue a final judgment as soon as possible.

The case is titled Presidents' Alliance on Higher Education and Immigration et al. v. U.S. Department of Homeland Security et al. The plaintiffs primarily argue that DHS's rulemaking process violated the Administrative Procedure Act (APA).

NAFSA has clarified that the government's appeal itself will not allow the new rule to take effect, nor does it change the district court's order. The new rule remains blocked nationwide during the litigation.

Several outcomes are possible next: the appellate court upholds the injunction; the appellate court lifts or narrows the injunction, allowing the new rule to take effect; or the district court issues a final judgment. Any of these could happen in a relatively short time, and schools will typically notify students immediately.

What Current Students Should Do Now

Below is a summary of the general advice provided by the international student offices of various universities:

Maintain your status as usual. Register on time, maintain full-time enrollment, and complete your studies within the validity of your I-20, just as before.
Keep your passport valid. Do not let your passport expire during your studies.
Check your I-94 after every entry. Download your I-94 record from the U.S. Customs and Border Protection (CBP) website and confirm it says "D/S". If a specific date or any other anomaly appears, contact your school's international student office as soon as possible.
Check with your school before traveling abroad. Students planning to return home during winter or summer break should check the school's latest notices before departure. If the new rule takes effect later, departing and reentering will directly affect your period of stay.
Rely only on official information. Follow the notices from your school's international student office, DHS, and SEVP. Do not rely on secondhand information from social media.

Several groups of students need to pay extra attention:

Ph.D. students in programs longer than 4 years: If the new rule takes effect in the future, you may need to apply for an extension. It is recommended to confirm your expected graduation date with your advisor and the school now.
First-year undergraduates planning to transfer: Once the new rule takes effect, transferring or changing majors within the first academic year will require an SEVP exception. If your transfer plan is already underway, it is recommended to communicate with the international student offices of both schools as soon as possible.
Graduate students: The new rule imposes stricter restrictions on graduate students changing programs or transferring. For the program you are entering now, it is best to plan to study until graduation.
Students nearing graduation: The grace period is currently still 60 days, but please keep an eye on school notices in case the rules change.

What Prospective Students (Enrolling in 2027) Should Do

For students and parents who have not yet departed, whether the new rule will take effect remains uncertain, but it can be considered a risk when choosing schools and majors:

Be more cautious when choosing schools. Do not make going to one school first and transferring in the first year your primary plan. Once the new rule takes effect, transferring within the first academic year will require an SEVP exception.
Figure out your major as clearly as possible. Changing educational objectives within the first year of undergraduate study is also restricted; graduate students cannot change educational objectives during the entire program. The program you choose when applying should ideally be one you are certain you want to complete.
Pay attention to program length. Under the new rule, the period of stay is calculated based on the program length on the I-20, with a maximum of 4 years. If you are pursuing a five-year undergraduate degree, a combined bachelor's/master's program, or a longer Ph.D. program, make sure you understand the extension process.
Plan for language programs. If you plan to take language courses before starting your degree, language programs will be limited to a maximum of 24 months under the new rule, so leave some buffer time in your schedule.
Keep following the appeal progress. There may be new developments regarding this issue during the application and visa seasons.

This article is for policy information purposes only and does not constitute immigration or legal advice. For personal situations, please consult your school's international student office or a practicing immigration lawyer. Policies are subject to the latest official information from DHS and the courts.

Need Help?

If you are planning to apply to universities in the U.S. and want to factor policy changes into your school and major decisions, check out our U.S. University Admissions Services and Visa Services, or Book a one-on-one consultation.