US student visa Archives

29 Sep 2026

US Court Blocks Rule Ending Duration of Status for Students

In this article

What the judge decided
What the blocked rule would have done
What it means for a student
What happens next
Common questions

A federal judge has blocked the Department of Homeland Security rule that would have ended “duration of status” for international students, keeping the current open-ended admission system in place across the United States. The ruling, issued on 14 September 2026, means F-1 students, J-1 exchange visitors and I-visa journalists keep their existing status rules while the litigation continues.

What the judge decided

According to Fayad Law’s summary, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction. The rule had been due to take effect on 15 September 2026. The court found DHS “likely failed to conduct reasoned analysis” of the costs and benefits and did not adequately address roughly 22,000 public comments, the same summary reports. The Cyrus D. Mehta & Partners immigration update of 28 September also flags related developments in the same policy area.

What the blocked rule would have done

Under duration of status, students are admitted for as long as they maintain a full course of study rather than for a fixed date. The blocked rule would have replaced that with a four-year maximum admission period, cut the F-1 grace period after a program ends from 60 to 30 days, restricted second programs at the same or a lower educational level, and limited graduate-level transfers and program changes. It would also have capped I-visa holders at 240 days. A law-firm analysis notes that separate restrictions on curricular practical training remain in place even with the injunction, so students should read the details of their own situation rather than assume everything reverted (Global Immigration Blog).

What it means for a student

Take an illustrative case: an engineering master’s student from India in her second year. Under the blocked rule she would have needed to apply for an extension if her studies ran past a fixed end date, and she would have had half as long to leave or change status after finishing. With the injunction, her planning stays as it was. That is a reprieve rather than a settlement, because a preliminary injunction can be narrowed, appealed or overturned. Applicants for the next intake face similar uncertainty, and the wider US student-visa picture also includes the H-1B fee extension that shapes post-study work plans. Students weighing other destinations can read our Canada study permit funds explainer, and you can test your own profile with the visa eligibility checker.

What happens next

Fayad Law reports a status conference scheduled for 2 October 2026. Government lawyers may seek to narrow or appeal the injunction, and DHS could reissue the rule with a fuller explanation. Until then, existing rules apply. Check your Form I-20 and speak with your school’s designated school official before making travel or enrolment changes. Background on the dispute is tracked by NAFSA.

Common questions

Can I still stay in the US for the duration of my program?

Yes. The nationwide injunction keeps the existing duration-of-status framework in place while the case continues.

Was the 30-day grace period cut?

The blocked rule would have cut the F-1 grace period from 60 to 30 days. Because the rule is blocked, the current period stays in force for now.

Does the ruling affect J-1 and journalist visas?

The injunction covers the rule as it applied to F-1 students, J-1 exchange visitors and I-visa journalists.

What happens next in the case?

A status conference is scheduled for 2 October 2026, according to Fayad Law’s summary of the ruling.

Should I change my travel or study plans?

Talk to your school’s international office or an immigration attorney. The injunction is preliminary and can change.

13 Sep 2026

University lecture hall with students, illustrating the duration of status rule change for F and J visas

The Duration of Status Rule Ends Tuesday. Here’s What Changes

Immigration, Study Abroad

On 15 September the United States replaces “duration of status” with a fixed admission period for international students and exchange visitors. The duration of status rule has governed F and J visas for decades, and its removal is the largest structural change to the American student visa system in roughly fifty years.

The change comes from a Department of Homeland Security final rule published in the Federal Register on 17 July 2026.

What duration of status meant, and what replaces it

Under the old system, F and J holders were admitted for “D/S” — no fixed end date. As long as you were making normal progress in your programme or on authorised training, you remained in status. A PhD that ran seven years raised no immigration question.

From 15 September, new applicants are admitted for the length of their programme or four years, whichever is shorter, plus a 30-day departure grace period — reduced from 60 days for F visas.

Anyone needing longer must file an Extension of Stay with USCIS and demonstrate a compelling reason. A pending application carries an automatic 240-day extension.

The rules that will catch people out

Three provisions in the rule have less to do with time limits and more to do with academic freedom of movement:

Upward moves only. A student finishing at one level may go on to a higher degree — not a lateral move, not a lower one.
Graduate students cannot change educational objective at all. The rule defines that as educational level or major. Not in year one, not later.
Undergraduates cannot change in their first year, absent specific extenuating circumstances.

Dependents fall under the same fixed-term structure and extension requirements as the primary visa holder.

If you are already in the US, read this part twice

Students and scholars physically present in the United States in F or J status on 15 September get transitional protection. They may remain without filing an Extension of Stay until the later of the programme end date on their I-20 or DS-2019, or the expiry of post-completion work authorisation — up to a maximum of four years from 15 September. The 60-day F grace period and 30-day J grace period are preserved for this group.

That protection has one condition, and it is the single most consequential sentence in the entire rule: if you leave the United States and re-enter after 15 September, the new rule applies on re-entry.

Harvard’s International Office, whose guidance page is among the most detailed published by any institution, recommends that F-1 and J-1 students and J-1 scholars registered in on-campus programmes for the autumn term try to be physically in the United States on the effective date.

The travel trap

Travel after 15 September will result in a date-certain admission on your Form I-94, matched to the programme end date on your I-20 or DS-2019, rather than the open-ended D/S notation.

That reshapes ordinary decisions. A winter break trip home, a conference abroad, a family emergency — each converts an open-ended admission into a fixed one, which then governs how future extensions and post-completion work authorisation are handled.

Universities are still working through the implications for dual and joint degree programmes, where the “no change of educational objective” language interacts awkwardly with programmes designed around movement between schools.

The litigation, and why it does not change your planning

On 18 August, the Presidents’ Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts, and NAFSA filed suit in the US District Court in Boston seeking to invalidate the rule. They also sought an interim stay that would suspend it during proceedings. We covered the filing in our earlier report.

The filings have no immediate effect. The rule takes effect on 15 September unless a court orders otherwise, and no such order has issued. Plan for the rule as written.

Practical steps before Tuesday

If you can be in the US on 15 September, be there.
Check the programme end date on your I-20 or DS-2019 now — after the change it becomes the date that governs your stay.
Postpone non-essential international travel until you have advice specific to your programme.
If you are considering a change of major or degree level, speak to your international office before the rule takes effect, not after.
Read the DHS FAQ for the government’s own reading of edge cases.

Answers for students and scholars

When does the duration of status rule end?

15 September 2026, per the DHS final rule published 17 July 2026.

How long will new students be admitted for?

The length of the programme or four years, whichever is shorter, plus a 30-day grace period for departure.

Does the rule affect students already in the US?

Those in F or J status and physically present on 15 September are covered by transitional provisions and can remain without filing an extension until their programme end date or the expiry of post-completion work authorisation, up to four years from that date.

What happens if I travel abroad after 15 September?

The new rule applies when you re-enter, and you will receive a date-certain I-94 matched to your programme end date rather than a duration-of-status admission.

Can I change my major under the new rule?

Graduate students cannot change educational level or major at any point. Undergraduates cannot in their first year, absent specific extenuating circumstances.

Will the lawsuit stop the rule?

It has not so far. The August filing sought an interim stay, but the filings have no immediate effect and the outcome is uncertain. The rule takes effect as scheduled.

Compare with the direction of travel elsewhere: Canada’s raised proof-of-funds threshold and the UK’s October rule changes.

25 Aug 2026

F-1 Student Visa Grace Period Cut From 60 to 30 Days

Study Abroad, Visa Updates

International students in the United States are facing a significantly tighter timeline to wrap up their affairs after finishing a degree. Under a final rule published July 17, 2026, the F-1 visa grace period to depart the country after completing a program is being cut from 60 days to 30 days, effective September 15, 2026, as part of a broader overhaul that eliminates open-ended “Duration of Status” for foreign students.

What the shorter F-1 visa grace period changes

The Department of Homeland Security’s final rule eliminates Duration of Status for F, J and I nonimmigrants, replacing it with a fixed admission period, according to DHS. Previously, F-1 students could remain in the US as long as they maintained active enrollment, with a 60-day window to depart, transfer schools or change status after completing a program. Under the new rule, that departure window shrinks to 30 days, and students will be admitted for a fixed period tied to their program rather than an open-ended status.

Who is most affected

The shorter window creates the most risk for students who plan to transfer institutions, extend enrollment, or move onto Optional Practical Training (OPT) immediately after graduating, since there is now less time to complete paperwork. Students registered in the annual H-1B cap lottery face a particular complication: a shorter grace period can affect eligibility for change of status and for the F-1 Cap-Gap extension that normally lets selected applicants keep working until April 1 of the following year, according to guidance published by Yale’s Office of International Students and Scholars.

How this fits a broader immigration tightening trend

The change follows a pattern of US immigration agencies narrowing flexibility for both students and other visa categories this year. USCIS separately began allowing officers to deny applications without first issuing a request for evidence, a shift we detailed in our coverage of USCIS denials without an RFE, and travelers on advance parole have faced new re-entry risks outlined in our report on the BIA ruling on advance parole travel. Universities and international student offices are urging students to build in earlier planning timelines given the accumulating compliance requirements.

What students should do next

Universities and J-1 sponsoring organizations have until September 15 to update their compliance procedures and advise students on the new fixed admission periods. Immigration attorneys expect a wave of legal challenges to the rule, similar to past disputes over Duration of Status changes, though none have yet succeeded in delaying the effective date. Students nearing program completion are being advised to consult their school’s international office well before the deadline to map out OPT, transfer or change-of-status timelines under the tighter window. International education associations have also warned that the compressed timeline could disproportionately affect students from countries where visa processing for onward moves, such as a transfer to a third country, already takes longer than 30 days, effectively narrowing their options compared with students who can complete paperwork domestically within the shorter window.

F-1 grace period: frequently asked questions

When does the new F-1 visa grace period take effect?
The rule takes effect September 15, 2026, cutting the post-completion grace period from 60 days to 30 days.

What is Duration of Status and why is it ending?
Duration of Status allowed F-1, J-1 and I visa holders to stay in the US as long as they maintained active enrollment or program status; the new rule replaces it with a fixed admission period.

Who is most affected by the shorter grace period?
Students planning to transfer schools, extend enrollment, or move onto OPT face the most risk due to the shorter timeline.

Does this affect the H-1B Cap-Gap extension?
Yes, a shorter grace period can affect eligibility for change of status and the Cap-Gap extension that lets selected H-1B applicants keep working until the following April.

Can students still apply for OPT under the new rule?
Yes, but with significantly less buffer time, students are advised to file OPT applications as early as possible after the rule takes effect.