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F-1 · OPT ·

Court postpones DHS rule ending duration of status for F-1 students

A Department of Homeland Security final rule published July 17, 2026 would replace duration of status (D/S) for F-1 students with a fixed period of admission of up to four years and cut the grace period after a program or practical training from 60 to 30 days, starting September 15, 2026. On September 14, 2026, a federal court in Massachusetts postponed the rule nationwide, so D/S and the 60-day grace period still apply. The government has appealed.

Confirmed

  • The final rule would replace duration of status for F, J, and I nonimmigrants with a fixed admission period of up to four years and shorten the F-1 grace period from 60 to 30 days. It was set to take effect September 15, 2026.
  • On September 14, 2026, a federal court in Massachusetts postponed the rule's effective date (Presidents' Alliance on Higher Education and Immigration v. DHS). The relief is nationwide and covers the whole rule, including students at schools that are not part of the lawsuit.
  • Duration of status remains in place for F, J, and I nonimmigrants. The 60-day grace period still applies, and there is no new Form I-539 requirement for OPT.
  • On September 30, 2026, the government appealed to the First Circuit. The appeal does not put the rule into effect.

Still unclear

  • Whether the First Circuit will speed up the appeal or let the rule take effect, and when.
  • What the district court will do next after the parties' October 9, 2026 filings.
  • If the rule later takes effect, what effective date and transition rules DHS would use.

Key dates

  1. Final rule published in the Federal Register
  2. University and international education groups sue to block the rule
  3. Federal court postpones the rule nationwide
  4. Original effective date, now postponed
  5. Government appeals to the First Circuit

Sources