US F-1 & J-1 Duration of Status Rule (2026): Fixed Admission Periods, the Injunction, and What Students Should Do

For decades, an F-1 student’s I-94 has said “D/S” — duration of status — meaning you may stay as long as you keep studying and follow the rules, with no end date printed on the record. In July 2026 the Department of Homeland Security (DHS) finalized a rule to end that for F-1 students, J-1 exchange visitors and I-visa media representatives. Then, one day before it was due to start, a federal court stopped it.

This guide sets out what the rule says, where it stands legally, and how to prepare without overreacting to a situation that is still moving.

Where things stand (as of 21 September 2026)

The court found the plaintiffs likely to succeed in showing the rule is arbitrary and capricious, and that letting it take effect would cause irreparable harm. As a result, the existing D/S framework remains in place while the litigation continues. Students are not being asked to file extension applications, and new arrivals are still being admitted for D/S. An appeal is possible, so the position could change — this page reflects what was published as of the date above.

What the rule would do if it takes effect

The rule replaces D/S with an Admit Until Date (AUD) printed on the I-94. According to DHS’s Study in the States guidance:

• Length: admission for the length of the program of study on the Form I-20 (or DS-2019 for J-1), not to exceed four years, plus a 30-day period to arrive and a 30-day period to depart.
• English-language training: limited to a 24-month period of admission.
• Public high school students: limited to an aggregate of 12 months.
• F-2 dependants: admitted for a fixed period that cannot exceed the principal F-1 student’s.
• Grace period: the post-completion departure period for F-1 students falls from 60 days to 30 days.

Extending your stay

If a program runs past the AUD — a PhD that takes five years, say, or a change of plans — the student would need an extension of stay (EOS) by filing Form I-539 with USCIS before the current admission period expires, paying the fee, and giving biometrics if asked. DHS suggests applying about 180 days ahead. Students who file before the 30-day departure period starts may keep studying and continue on-campus work, curricular practical training and severe-economic-hardship work while the application is pending (up to 240 days for employment in some categories). We haven’t been able to confirm the exact I-539 fee from the sources we reviewed — check the USCIS fee page.

Program changes and transfers

The rule also tightens how students move between programs:

• Below graduate level, changes of educational level or major, and school transfers, would be restricted during the first year unless an exception applies.
• Graduate students would be barred from changing level, major or school at any point without an SEVP-recognised exception for extenuating circumstances (such as a school closure).
• After finishing a program, a student could not enrol at the same or a lower level.

That is a big shift for students used to changing majors or transferring after a semester.

What about students already in the US?

DHS’s transition provisions say students admitted under D/S who are in the US on the effective date may remain without an extension of stay until the end date on their I-20, or the end of post-completion OPT or STEM OPT, not exceeding four years plus a departure period. But travel changes things: someone who leaves and re-enters after the rule takes effect would be admitted with a new fixed period rather than D/S. F-1 students who file Form I-765 for OPT or STEM OPT on or before 18 March 2027 would not need a separate extension application.

None of this applies while the injunction holds. If it is lifted, these transition rules would matter immediately.

What to do now

1. Check your I-94 and I-20 together. Under D/S your I-94 says “D/S”; under the fixed regime it would carry a date. If you re-enter the US after a court reverses the injunction, read the new I-94 carefully.
2. Keep the I-20 accurate. The AUD would be tied to the program end date, so an outdated or unrealistic end date on your I-20 becomes more consequential. Ask your DSO to update it if your timeline has changed.
3. Avoid unnecessary program changes or transfers until you understand the rule, especially at graduate level.
4. Talk to your DSO before international travel, OPT filing or any transfer. They are the first source for how your school is handling the litigation.
5. Track OPT timing. Our OPT vs CPT guide and STEM OPT extension guide explain the filing windows that the transition provisions would key off.
6. Applicants abroad: the visa application itself is unchanged — see the US F-1 visa guide and prepare your SEVIS-linked documents as normal.

Why this matters even if the rule stays blocked

A preliminary injunction is not a final ruling. It preserves the status quo while the court hears the case; the government can appeal, and a different court could rule differently. Universities and employers are planning for either outcome, and so should students whose programs run near the four-year mark — PhD candidates in particular.

Sources

• DHS Study in the States — Final Rule FAQ (fixed admission period, EOS, transitional provisions)
• Federal Register, 17 July 2026 — Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure (publication and effective date; we could not open the full text)
• Duane Morris client alert and Ogletree Deakins summary of the 14 September injunction
• Yale OISS — elimination of D/S: summary and FAQs

This is preparation guidance, not legal advice. The litigation is live and can change quickly — confirm the current position with your school’s international office and official DHS/USCIS sources. When VisaMet launches, our timeline reminders will help you track dates like an I-20 end date or an OPT filing window — join the waitlist for early access.