A Court Blocked the F-1 “End Date” Rule One Day Before It Took Effect. What Applies Now?

By Max Stephani

If your U.S. immigration record still shows “D/S” (Duration of Status) instead of a specific expiration date, that remains valid.

A Department of Homeland Security rule was scheduled to change that on September 15, 2026. F-1 students and J-1 exchange visitors would have received a fixed admission end date instead of being admitted for Duration of Status. Students who needed more time could have been required to file an extension with USCIS.

But on September 14, one day before the rule was scheduled to take effect, a federal judge blocked DHS from implementing it nationwide.

For now, the old D/S system remains in place.

That does not mean the rule is gone permanently. The court’s order is preliminary, and the underlying lawsuit is still active. The government may appeal.

Here is what changed, what the court actually did and what F-1 and J-1 students should know right now.

What was supposed to change on September 15?

DHS published its final rule on July 17, 2026, in 91 FR 44976.

The rule would have ended the longstanding Duration of Status system for F-1 and J-1 nonimmigrants and replaced it with a fixed period of admission recorded on Form I-94. For F-1 students, the admission period generally would have been tied to the student’s program of study, subject to a maximum period of four years. J-1 exchange visitors would also have received fixed admission periods based on their programs.

Under the existing system, an F-1 student’s I-94 generally says “D/S” rather than giving a specific date.

That distinction matters.

With D/S, a student who maintains lawful F-1 status can generally remain in the United States while completing the authorized program and following the applicable immigration rules.

Under the new system, a student whose program continued beyond the admission date would have needed to take additional immigration action rather than relying on D/S.

The rule also would have changed the post-program departure period for F-1 students from 60 days to 30 days.

The rule was scheduled to take effect September 15

DHS published the final rule on July 17, 2026, giving it a September 15 effective date.

Universities had already started preparing students for the change. Some schools advised international students to consider travel and timing carefully because the new system could have affected admission dates, program extensions and academic plans.

Then, on September 14, the day before implementation, the court intervened.

What did the federal court actually do?

On September 14, U.S. District Judge F. Dennis Saylor IV of the District of Massachusetts issued preliminary relief in Presidents’ Alliance on Higher Education and Immigration v. DHS.

The order prevents DHS and ICE from implementing the Duration of Status final rule while the litigation continues. The result is nationwide: the existing D/S framework remains in effect.

The important distinction is that the judge did not permanently strike down the rule.

The court postponed its implementation while the legal challenge proceeds. The plaintiffs had also sought broader relief, including invalidation of the rule, but those issues have not been finally resolved.

So the accurate description is:

The rule is blocked for now, not permanently cancelled.

What applies to F-1 students today?

For an F-1 student who is maintaining status, the existing D/S system remains in effect.

That means:

• Your I-94 can continue to show D/S.
• You do not currently need to file an I-539 simply because the new fixed-period rule was supposed to take effect.
• The new fixed admission dates are not currently being imposed.
• The new 30-day post-program departure period is not currently replacing the existing rules.
• The new academic-mobility restrictions created by the rule are also on hold.

You still need to follow the normal requirements of F-1 status, including maintaining your student status and complying with the conditions of your program.

The court order does not give students a new immigration benefit or create extra time beyond what their existing status allows.

What about J-1 students and scholars?

The same basic situation applies to J-1 exchange visitors.

The new rule would have replaced D/S with fixed admission periods for J-1 visitors, but the court’s nationwide injunction means those changes are currently not operative.

J-1 visitors and their eligible dependents continue under the existing D/S framework while the litigation continues.

What about F-1 students on OPT or STEM OPT?

The court’s order means the new fixed-admission framework is currently not in effect for F-1 students on OPT or STEM OPT either.

You should therefore continue following the existing OPT and STEM OPT rules and filing timelines, rather than changing your plans based on the blocked rule.

In particular, the injunction does not eliminate existing OPT requirements. STEM OPT students still need to follow the applicable reporting and employment requirements, including the rules surrounding the 24-month STEM OPT extension.

The practical message is simple:

Do not assume the court order extends your EAD or gives you additional OPT time. It simply means the new D/S replacement system is currently paused.

What about the I-539 requirement?

This was one of the biggest practical changes under the blocked rule.

If the rule had taken effect, students needing to remain in the United States beyond their fixed admission period could have needed to file Form I-539, Application to Extend/Change Nonimmigrant Status.

The USCIS fee schedule currently lists:

• $470 for a paper-filed I-539
• $420 for an online-filed I-539

Those fees are the general USCIS filing fees and should not be confused with a special fee created specifically by the D/S rule.

Because the fixed-admission system is currently blocked, students do not need to file an I-539 merely because September 15 passed.

That could change if the injunction is lifted and the rule eventually takes effect.

What if you already prepared for the September 15 change?

You do not need to throw away your preparation.

Some universities had already advised students to review their program end dates, travel plans and possible extension requirements.

That preparation may still be useful because the litigation is not over.

But the legal situation today is different from what students were preparing for before September 14.

The September 15 fixed-admission system did not take effect.

Your school’s international student office may therefore have updated or withdrawn earlier guidance. Check its latest announcement rather than relying on an email sent before the court order.

What if you travel outside the United States?

The existing F-1 and J-1 admission framework remains in place while the injunction is active.

After returning to the United States, students should check their I-94 record and confirm that the admission information is correct.

If your I-94 contains an unexpected specific expiration date rather than D/S, contact your school’s international student or scholar office promptly and consider obtaining qualified immigration advice.

Do not assume that an incorrect I-94 will automatically fix itself.

What if your PhD or other program takes more than four years?

This is one of the areas where the difference between the old and proposed systems is particularly important.

The blocked rule would have imposed a maximum admission period of four years for F-1 students, subject to its detailed rules and extension procedures. That could have created additional administrative requirements for students in longer programs, including some doctoral students.

Under the current D/S system, that four-year fixed-admission limit is not currently operative.

So a PhD student whose program extends beyond four years does not currently need to file an I-539 simply because the new rule was supposed to start on September 15.

What about changing schools or starting another program?

The final rule also contained changes affecting academic mobility, including restrictions involving transfers, changes in educational level and changes to an educational objective.

Those provisions are currently on hold along with the rest of the rule.

Yale’s international student office, for example, confirms that F-1 students are not currently subject to the new restrictions on changing educational objectives, transferring institutions or pursuing additional programs while the preliminary injunction remains in place.

Students should still follow the normal SEVIS and school procedures that applied before the new rule.

Why did the court block the rule?

The legal challenge argues that DHS did not adequately justify the rule and failed to properly address important alternatives and consequences during the rulemaking process.

Judge Saylor’s September 14 order found that the plaintiffs had established grounds for preliminary relief while the case proceeds. Contemporary reporting on the order says the court found serious concerns with DHS’s explanation for replacing the longstanding D/S system.

That is different from saying the court has already ruled that DHS can never eliminate D/S.

That question remains unresolved.

What happens next?

The case is still moving through federal court, and further proceedings are expected while the preliminary relief keeps the rule from taking effect.

The government can also seek appellate review.

For students, the most important things to watch are:

1. Any appeal or request to modify the injunction
2. Any new order from the District Court or the First Circuit
3. Any DHS announcement about implementation
4. Updated guidance from your university’s international student office

If the injunction is lifted, the fixed-admission system could become relevant again. Students with long programs, upcoming travel, OPT/STEM OPT timelines or program changes would have particular reason to review the new requirements quickly.

The bottom line

If you are an F-1 or J-1 student in the United States today, as of September 17, 2026, the new fixed end-date system is not in effect.

Your existing Duration of Status (D/S) framework remains in place nationwide while the lawsuit continues.

You do not need to file an I-539 simply because September 15 passed.

But this is a temporary legal pause, not the end of the story.

The rule has not been permanently invalidated, and the government can continue fighting the injunction. Keep your immigration documents current, follow your existing status requirements and pay attention to updates from your school’s international office.

For anyone whose program, OPT, STEM OPT, travel or immigration plans depend on the outcome, the safest assumption is not that the issue has disappeared, but that the rules currently remain unchanged while the court case plays out.

Key dates and facts

This article reflects the legal position as of September 17, 2026. Immigration rules and court orders can change quickly. This article is general information, not individual legal advice.

Sources

• Federal Register: DHS, Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media, 91 FR 44976.
• Court litigation: Presidents’ Alliance on Higher Education and Immigration v. DHS, No. 1:26-cv-13799, U.S. District Court for the District of Massachusetts.
• Presidents’ Alliance: September 14 statement on nationwide preliminary relief.
• NAFSA: Legal challenge to the final rule ending Duration of Status.
• USCIS: Form I-539, Application to Extend/Change Nonimmigrant Status.
• Yale Office of International Students & Scholars: Current guidance following the September 14 court order.