US F-1 Student Visa: Current Process, OPT Rules, and the Court-Halted "Fixed Period of Stay" New Rule

To study in the U.S., you will need an F-1 student visa after receiving your admission. The process itself hasn't changed much over the years, but in 2026, a new rule with potentially significant impacts emerged: the U.S. Department of Homeland Security (DHS) issued a final rule to eliminate the long-standing "Duration of Status" (D/S) policy for F-1 students, replacing it with a fixed period of admission. This rule was originally scheduled to take effect on September 15, 2026, but was halted by a federal court the day before it was set to begin. This article first clarifies the current visa process and post-graduation internship rules, then explains what the new rule entails and its current status.

1. Basic F-1 Visa Process

1. Receive admission and the I-20. The I-20 is the "Certificate of Eligibility for Nonimmigrant Student Status" issued by the school's Designated School Official (DSO). Once received, verify the information on it, especially the school code, SEVIS ID, and program start date.
2. Pay the SEVIS fee (I-901). The fee for F-1 applicants is $350, paid on the official website FMJfee.com using information from the I-20. As required, it must be paid in full before the visa is issued, and proof of payment must be presented at the visa interview.
3. Apply for the visa and schedule an interview. Bring the original I-20 to the interview. According to DHS, F-1 visas can be issued up to 365 days before the program start date. For visa application fees, appointment methods, and required documents, refer to the official information from the U.S. Department of State and U.S. embassies and consulates in China.

Under the currently valid regulations, F-1 students are admitted for "Duration of Status" (D/S) upon entry: as long as they maintain valid student status, they can stay until the completion of their studies, with an additional 60-day grace period after graduation.

2. Post-Graduation Internships: OPT and STEM OPT

After graduation, F-1 students can work in the U.S. through Optional Practical Training (OPT). According to DHS:

• Each higher degree level is eligible for 12 months of OPT. For example, once after a bachelor's degree and again after a master's degree.
• For post-completion OPT, the start date must be on or after the program end date, and no later than 60 days after the program ends.
• During OPT, cumulative unemployment cannot exceed 90 days; exceeding this will result in termination of status.
• Students in eligible STEM majors can apply for a 24-month STEM OPT extension before their 12-month OPT ends. During the extension, an additional 60 days of unemployment is allowed, bringing the total cumulative unemployment for OPT plus the extension to a maximum of 150 days.

This means that students in eligible STEM majors can have an internship period of up to 12 + 24 = 36 months after graduation.

3. New Rule: Eliminating "Duration of Status" in Favor of a Fixed Period of Admission

On July 17, 2026, DHS published the final rule in the Federal Register. According to the DHS "Study in the States" website, if this rule takes effect:

• Fixed period of admission: The authorized stay for F-1 students upon entry will be based on the program length on the I-20, up to a maximum of 4 years, plus 30 days before entry and 30 days before departure.
• Shortened post-completion grace period: The grace period to depart after program completion will be reduced from 60 days to 30 days.
• Extensions required for more time: If the program exceeds the fixed period of admission (e.g., 5-year bachelor's or doctoral programs), or if post-completion OPT/STEM OPT exceeds the admission period, students must first consult with their school advisor, then submit Form I-539 to U.S. Citizenship and Immigration Services (USCIS) to apply for an extension, pay the fee, and provide biometrics.
• Restrictions on transfers and major changes: Undergraduate students cannot transfer schools or change majors during their first year; graduate students cannot change majors during their entire program, except in special circumstances with approved exceptions.
• Language programs: For English language programs, the maximum stay is 24 months.
• Students already in the U.S.: Students already in the U.S. admitted under D/S when the rule takes effect may stay without applying for an extension until the program end date on their I-20 (up to 4 years), plus a 60-day departure period.

4. Current Status of the New Rule: Temporarily Halted by the Court

This rule was originally scheduled to take effect on September 15, 2026. According to notices from the international student offices at The Ohio State University and University of Illinois Chicago, on September 14, 2026, a federal district judge in Massachusetts issued a nationwide preliminary injunction blocking the rule from taking effect, and the case is still pending. Until the litigation concludes, the original regulations still apply to F-1 students, meaning the D/S and 60-day grace period mentioned in sections one and two above.

A preliminary injunction is not a final judgment; it may be upheld or overturned later, and the rule may be revised and reintroduced. For students currently applying or preparing to enroll, the safest approach is:

• Follow current regulations while keeping a close eye on notices from your school's international student office;
• Think ahead when choosing schools and majors: If the new rule ultimately takes effect, undergraduates cannot transfer or change majors in their first year, and graduate students cannot change majors at all. You need to be clear about your major choice before enrollment;
• Students in 5-year programs, doctoral programs, or those planning for STEM OPT should anticipate the potential need to apply for extensions in the future, and budget accordingly for time and fees.

Timeline Planning

1. Application stage: For the pace of early action and regular decision, see our article on U.S. application trends and our article on the university application timeline.
2. After receiving admission and confirming enrollment: Submit financial proof and other materials to the school to get your I-20 as soon as possible.
3. After receiving the I-20: Pay the $350 SEVIS fee and schedule your visa interview; summer is the peak visa season, so the earlier you schedule, the better.
4. After enrollment: Pay attention to the school's notices regarding the new rule and litigation updates.
5. Before graduation: Apply for OPT under the guidance of your school advisor, keeping the 60-day time limit in mind.

Conclusion

The basic process for the U.S. F-1 visa remains unchanged, but the rules governing student status are facing significant adjustments. Currently paused by the court, the outcome remains uncertain. Under these circumstances, the most important thing is to proceed step-by-step according to current regulations, while factoring potential changes into your school selection, major choice, and post-graduation planning in advance.

If you are planning your undergraduate or graduate applications in the U.S. and are unsure about school selection, majors, or visa arrangements, feel free to have a chat with one of our admissions counselors.

Verification note: The I-20, SEVIS fee, visa issuance timeline, OPT and STEM OPT rules, and the content of the new rule in this article were verified on September 26, 2026, against the DHS "Study in the States" website and the Immigration and Customs Enforcement (ICE) official website; information on the court injunction for the new rule comes from notices by The Ohio State University (updated September 16, 2026) and the University of Illinois Chicago international student office. The U.S. Department of State and U.S. embassies and consulates in China websites have CAPTCHA verification, so we did not scrape them directly; please refer to their official websites for visa application fees and appointment methods. The litigation is ongoing, and policies may change at any time. Please refer to the latest notices from official sources and your school.

References:

• DHS Study in the States: Students and the Form I-20
• DHS Study in the States: Paying the I-901 SEVIS Fee
• ICE: I-901 SEVIS Fee ($350)
• DHS Study in the States: F-1 Optional Practical Training
• DHS Study in the States: F-1 STEM OPT Extension
• DHS Study in the States: Final Rule – Fixed Time Period of Admission FAQ
• Federal Register: Final Rule Original Text (July 17, 2026)
• The Ohio State University Office of International Affairs: Duration of Status Final Rule
• University of Illinois Chicago Office of International Services: DHS Final Rule