Major update (2026-09-14): A court blocked this rule the day before it was set to take effect. It did not take effect.
Judge F. Dennis Saylor IV of the US District Court for the District of Massachusetts signed an order at 4:55 p.m. on September 14, 2026 (Presidents' Alliance on Higher Education and Immigration v. DHS, case number 1:26-cv-13799-FDS, Document 51). The order is titled "Preliminary Injunction Order Postponing Effective Date of Final Rule," and it rests on Section 705 of the Administrative Procedure Act and Rule 65 of the Federal Rules of Civil Procedure. The operative part of the order has four points:
- The plaintiffs' motion for a stay under Section 705 is granted, and the court postpones the rule's effective date on that basis;
- The final rule's effective date is postponed until further order of the court or the conclusion of the case on the merits;
- The defendants (the Department of Homeland Security, Immigration and Customs Enforcement, and their heads) are preliminarily enjoined from taking any further action to implement the rule, likewise until further order or the conclusion of the case on the merits;
- The parts of the plaintiffs' motion asking the court to vacate the rule and for summary judgment are denied, without prejudice to raising them again later.
What this means for you: nothing happened on September 15. D/S (duration of status, where your permitted stay lasts as long as your status does) continues as before. F, J and I nonimmigrants who enter after that date still get D/S on their I-94, not a fixed date. The three dates discussed in the article below are all currently not in effect.
But this isn't over. The rule has not been vacated. The court expressly denied the request to vacate it and has only put the rule on pause. The case is still being litigated, and the court has scheduled a status conference for October 2, 2026. If the government ultimately wins or succeeds on appeal, the fixed-term system could come back, with a new effective date. So the rest of this article is still worth reading: it describes what you would face if the rule returns, not what is happening now.
We will keep updating this section as new rulings come in.
This final rule from the Department of Homeland Security (DHS) was originally set to take effect on September 15, 2026. It would change the period of stay for F (students), J (exchange visitors) and I (foreign media) visas from the decades-old D/S (duration of status, where your permitted stay lasts as long as your status does) to admission for a fixed period. A court blocked it the day before it was to take effect, so everything below describes what happens "if it takes effect again."
This is not a proposed rule. It was formally published in the Federal Register on July 17, 2026 (document number 2026-14439, RIN 1653-AA95), as the final version of the proposed rule from August 28, 2025.
If it takes effect again, start by figuring out which group you're in
If you are already in the US in D/S status: even if the rule comes back, you won't suddenly lose status on the effective date. The rule text is clear:
"...the only adjustment that will be necessary for stakeholders regarding the F and J nonimmigrants already in the United States on D/S is to notate the date 4 years out, when those who have not completed their programs under the D/S system will need to apply for EOS."
In other words, you can stay until the program end date on your I-20 or DS-2019, but no longer than 4 years from the effective date, whichever comes first. The original 4-year cap fell on September 15, 2030. If the rule comes back with a different effective date, that cap moves later along with it.
If you enter after the rule takes effect again: your I-94 will show a specific expiration date instead of the old "D/S." People entering now still get D/S.
What it would have changed
| Now (D/S, still in effect) | If the rule takes effect again | |
|---|---|---|
| What your I-94 says | D/S, valid as long as you're still in school | A specific date |
| Maximum stay | No fixed cap | No more than 4 years, or the program end date, whichever is earlier |
| If your program runs long | The school updates your I-20 to extend it | You must apply to USCIS for an extension of stay (EOS) |
| Grace period after the program ends | 60 days for F-1 | 30 days |
The last row is the easiest to overlook. The current 60-day F-1 grace period comes from 8 CFR 214.2(f)(5)(iv). The new rule gives 30 days, which cuts in half the time you have after graduation to sort out your next step. The J-1 grace period is also 30 days after the program end date.
This point came up again and again during the comment period. One commenter argued that by cutting the grace period from 60 days to 30, DHS risks making "the OPT program essentially unworkable, leaving graduates without enough time to transition into jobs." DHS did not accept these comments, and the final rule kept 30 days.
One email each month when the bulletin lands. Unsubscribe anytime.
The three dates (none of them currently in effect)
September 15, 2026: the original effective date. The court postponed it, and the rule did not take effect that day.
March 18, 2027: this is an exemption that's easy to miss but very valuable. The rule text:
"...for aliens in F-1 status, admitted in the United States for D/S, who have timely filed Form I-765 (or successor form) for post-completion OPT or a STEM OPT extension on or before March 18, 2027, there will not be a requirement to file an EOS application."
Form I-765 is the Application for Employment Authorization (the work permit application), and EOS is an extension of stay application. Elsewhere the rule adds that for these students "only the employment authorization application is required," and that if it is approved, the student is authorized to remain.
There is a matching arrangement for J-1: those who timely file an extension application by the same date can continue their program activities, including authorized training and employment, through the end date on their DS-2019.
If you graduate and apply for OPT within this window, taking advantage of it saves you an entire application.
Your own 4-year expiration date: if you are on D/S now, compare September 15, 2030 with the program end date on your I-20 and take whichever is earlier.
PhD students, major changers and anyone graduating late: pay extra attention
The 4-year cap is enough for undergraduate and most master's programs, but usually not for PhD students. STEM PhDs commonly take five to six years, which means you will very likely need to apply for an extension.
Also watch out for transferring schools, changing majors, taking a year off, or a delayed dissertation. In the past, all of these just required the school to update your I-20 in SEVIS. If the rule comes back, they could turn into a formal USCIS application.
Can you keep studying and working while an extension is pending?
Yes, but read the conditions carefully. The rule text explains:
"F students may continue to pursue a full course of study while the EOS is pending, and certain types of authorized employment are also extended for up to 240 days."
J-1 exchange visitors can continue authorized training activities while an extension application is pending.
One more thing worth remembering: as long as you file the extension before your I-94 expires (including the 30-day grace period), it counts as timely. The rule defines "timely" as a receipt date on or before the day the authorized period of stay ends.
The extension is filed on Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS, and there is a fee. Check the USCIS website for the current fee schedule. The rule text doesn't give a number, and we don't quote fees we haven't verified.
What you can do now
- Current students: you don't need to do anything right now; D/S continues as before. But it doesn't hurt to note your program end date. If the rule comes back, that date is your starting point for deciding whether you need an extension.
- Graduating this year or next and planning to apply for OPT: keep the March 18, 2027 exemption in mind. Filing your I-765 on time can spare you from a separate extension application.
- PhD students and anyone in a program longer than four years: you probably won't be able to avoid an extension application. Confirm the process and timeline early with your school's international student office (DSO); don't wait until the deadline is close.
- Preparing to enter the US: check your I-94 after you arrive. It should still say D/S right now. If you see a specific date instead, something has changed, so contact your school's international student office (DSO) first to verify.
- On OPT or planning to move to H-1B: going from a 60-day to a 30-day grace period would squeeze your room to maneuver after graduation. Build that into your timeline.
Many schools' international student offices sent out notices in mid-September, and some of those were written before the injunction came down. Go by what your own I-94 actually says. That is what determines your status.
We will follow up
The rule's number is RIN 1653-AA95, the Federal Register document number is 2026-14439, and the official citation is 91 Fed. Reg. 44976 (July 17, 2026). The next milestone is the October 2 status conference. We will update this article on whether the government appeals and whether the court moves to the merits.
Sources: US District Court for the District of Massachusetts, Presidents' Alliance on Higher Education and Immigration v. U.S. Department of Homeland Security, case number 1:26-cv-13799-FDS, Document 51, "Preliminary Injunction Order Postponing Effective Date of Final Rule" (September 14, 2026), and Electronic Notice 52 (scheduling a status conference for October 2, 2026); the final rule text, 91 Fed. Reg. 44976; for the current 60-day grace period, see 8 CFR 214.2(f)(5)(iv). Quoted wording from the order and the rule is taken from the English originals.