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USAUpdateSeptember 13, 2026

US “Duration of Status” Rule for F-1 Students Blocked by Federal Court

A DHS rule replacing open-ended F-1 admission with a fixed four-year period was due to start on 15 September 2026. A federal court blocked it the day before, and the government appealed on 30 September 2026. Duration of status remains in place while the case continues.


Update — 11 October 2026: this rule did not take effect. On 14 September 2026, one day before the stated effective date, US District Judge F. Dennis Saylor IV granted nationwide preliminary relief and postponed the final rule pending resolution of the case on the merits, finding that the plaintiffs were likely to succeed on their claim that DHS failed to comply with the Administrative Procedure Act. The existing “duration of status” framework remains in place, and the 60-day post-completion grace period is unchanged. On 30 September 2026 the government filed a notice of appeal to the US Court of Appeals for the First Circuit; the appeal does not put the rule into effect. At a status conference on 2 October 2026 the government said it would ask the First Circuit to expedite the appeal and pause district court proceedings, and the judge directed both sides to file their positions by 9 October 2026. As of 11 October 2026 the rule remains blocked nationwide. The description below is what the rule would have done if it had taken effect.

From 15 September 2026, the United States stops admitting F-1 international students for “duration of status” (D/S) and starts admitting them for a fixed period of time instead. The change comes from a Department of Homeland Security final rule published in the Federal Register on 17 July 2026.

What actually changes

One caveat on the date

DHS has classified this as a major rule subject to congressional review. The stated effective date is 15 September 2026, but DHS notes that if the effective date changes at the conclusion of that review, it will publish a further document in the Federal Register to set the actual date or terminate the rule. Check the current position before relying on a specific date.

What it means if you are applying

The practical effect is less slack. A programme that runs long, a change of level, or a delayed OPT filing now has a hard date attached to it rather than an open-ended status. If you are planning post-completion OPT, work backwards from the shorter 30-day window, and keep your I-20 programme end date accurate with your Designated School Official.

This sits alongside the other US cost increases already tracked on the ConsultancyCheck Student Visa Approval Tracker: the US$185 DS-160 fee, the US$350 SEVIS fee, and the US$250 visa integrity fee charged on issuance.

Sources


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