A federal judge blocked the rule one day before it was set to start. As of today, September 15, 2026, F-1 and J-1 students still have “duration of status.”
Nothing changes on your I-94 right now. Here’s exactly what happened and what to watch for next.
What Was Supposed to Happen Today
On July 17, 2026, the Department of Homeland Security (DHS) published a final rule eliminating “duration of status” (D/S) for F-1 students, J-1 exchange visitors, and I nonimmigrants.
The rule would have replaced open-ended stays with a fixed “Admit Until Date” on the Form I-94.
It was scheduled to take effect September 15, 2026 — today.
What Actually Happened Instead
On September 14, 2026, a federal judge in the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction.
The case is Presidents’ Alliance on Higher Education and Immigration et al. v. DHS, filed August 18, 2026.
Judge F. Dennis Saylor IV blocked DHS from implementing or enforcing the rule while the lawsuit continues.
The plaintiffs include NAFSA, the Presidents’ Alliance on Higher Education and Immigration, the American Federation of Teachers, and the UAW.
They argue DHS violated the Administrative Procedure Act by acting arbitrarily and skipping proper rulemaking steps.
Bottom line: the D/S framework remains in place for now. F-1 and J-1 students keep their current status structure.
Who Would Have Been Affected
If the rule eventually takes effect, it would apply to:
- F-1 academic students
- F-2 dependents of F-1 students
- J-1 exchange visitors and scholars
- J-2 dependents
- I nonimmigrants (foreign media representatives)
- Graduates on OPT or STEM OPT extensions
Graduate students would have faced tighter limits on changing majors or programs.
What Changes for Current Students Right Now
Nothing, for the moment. You remain admitted for “duration of status.”
That means you can stay in the U.S. as long as you maintain your program and follow your Form I-20 or DS-2019.
No new I-94 date. No new paperwork required because of this injunction.
What Changes for OPT and STEM OPT Holders Right Now
Also nothing, for now. OPT and STEM OPT approvals continue under existing rules.
You do not need to file a Form I-539 extension of stay alongside your OPT application because of this rule.
That requirement, planned for a future transition period, is on hold along with the rest of the rule.
Why This Isn’t Necessarily Over
DHS is expected to appeal the injunction quickly. Immigration attorneys widely expect the government to fight back.
A preliminary injunction is not a final ruling on the merits. The case could still result in the rule taking effect later.
If DHS wins on appeal, implementation could resume with little advance notice.
Universities and law firms are telling students to stay informed, not to assume this is permanently dead.
What Should I Do Right Now: Checklist
- Talk to your Designated School Official (DSO) or J-1 program advisor this week.
- Check your current Form I-94 at i94.cbp.dhs.gov to confirm it still shows “D/S.”
- Keep your Form I-20 or DS-2019 current and accurate.
- Avoid unnecessary international travel until the appeal situation is clearer.
- Save copies of your OPT or STEM OPT approval notices.
- Sign up for updates from your school’s international student office.
- Do not file any new extension-of-stay paperwork unless your DSO specifically tells you to.
FAQ
Do I need to reapply for status because of this rule?
No. The rule is blocked. You do not need to reapply, refile, or request anything new because of it right now.
Does this affect my OPT approval?
No. Your OPT or STEM OPT approval is unaffected while the injunction is in place.
Is duration of status permanently safe now?
Not necessarily. The injunction pauses the rule during litigation. DHS can appeal, and the outcome is not final.
Will I get advance notice if the rule takes effect later?
Universities expect some notice, but attorneys warn implementation could move quickly if DHS wins on appeal. Stay in touch with your DSO.
What was the original transition deadline under the rule?
The original rule set a transition window through March 18, 2027, for certain D/S students to adjust to new filing requirements. That window is currently paused along with the rest of the rule.
Where can I check official updates?
Monitor Study in the States (DHS), your university’s international office, and NAFSA for verified updates as the litigation moves forward.