Court Blocks D/S Final Rule Just Before September 15

A federal judge has blocked the Department of Homeland Security from implementing its new rule that would have ended the long-standing “Duration of Status” system for F-1 international students and J-1 exchange visitors.

U.S. District Judge F. Dennis Saylor IV issued the decision on September 14, 2026, just one day before the rule was scheduled to take effect. The case, Presidents’ Alliance on Higher Education and Immigration v. U.S. Department of Homeland Security, was brought by a coalition of higher-education organizations and labor unions challenging the DHS regulation.

The court postponed the effective date of the rule under Section 705 of the Administrative Procedure Act. As a result, the new fixed-period admission system will not take effect on September 15 as planned.

What the Blocked DHS Rule Would Have Changed

DHS published the final rule in July 2026. It was designed to replace the existing Duration of Status, or D/S, framework for F and J nonimmigrants with fixed admission periods.

Under the rule, most F-1 students and J-1 exchange visitors would have been admitted for the length of their authorized program, but generally for no more than four years at a time.

Students or exchange visitors who needed additional time would have had to request an extension of stay from USCIS or leave the United States and seek readmission.

The rule also would have reduced the F-1 post-completion grace period from 60 days to 30 days and imposed new restrictions on school transfers, changes in educational objectives, and additional programs of study. It also would have restricted F-1 students from beginning another program at the same or a lower educational level after completing a program under the new system.

DHS argued that fixed admission periods would give immigration authorities additional opportunities to review whether nonimmigrants were maintaining their status and strengthen oversight of the F, J, and I visa categories.

What the Court Decision Means for F-1 Students

For now, the planned September 15 change to fixed admission periods is on hold.

This means F-1 students should not treat the new four-year admission system as currently effective simply because the final rule had previously been scheduled to take effect on September 15.

Under the existing Duration of Status framework, F-1 students are generally admitted for “D/S” rather than until a specific immigration expiration date. Students can remain in F-1 status while continuing to meet the requirements of their academic program and maintaining lawful status, including during authorized practical training when applicable.

The court’s decision is particularly important for students who had been preparing for possible new extension-of-stay requirements connected with longer academic programs, OPT, or STEM OPT. Those new requirements will not take effect on September 15 while the rule remains postponed.

However, the ruling does not eliminate existing F-1 requirements. Students must still maintain their immigration status, follow Form I-20 requirements, comply with employment authorization rules, and work with their Designated School Official when an academic program extension or other SEVIS action is required.

What Does the Court Ruling Mean for Day 1 CPT Students?

For F-1 students enrolled in programs that authorize Curricular Practical Training from the beginning of the program, often referred to as Day 1 CPT, the court ruling does not create new CPT eligibility rules. DHS stated in the July 2026 final rule that it was not making substantive changes to CPT eligibility or the CPT authorization process, and that eliminating Day 1 CPT was outside the scope of the rule.

Because the final rule has been blocked, its new fixed-period admission and extension-of-stay framework is also not currently in effect. Day 1 CPT students must continue following existing F-1 and CPT requirements, including receiving authorization from their Designated School Official (DSO) on Form I-20 before beginning CPT employment.

The Rule Has Been Postponed, Not Permanently Eliminated

The September 14 decision does not necessarily represent the final outcome of the case.

The court postponed the rule’s effective date under the Administrative Procedure Act, but the broader legal challenge to the DHS regulation remains ongoing. Additional litigation or an appeal could determine whether the rule is ultimately allowed to take effect.

The lawsuit argues that DHS failed to adequately justify the regulation, properly assess its costs and benefits, respond to public comments, and consider less burdensome alternatives. DHS has defended the rule as a lawful measure intended to improve immigration oversight.

For international students, the most important takeaway is clear: the DHS rule ending Duration of Status is not taking effect on September 15, 2026. The existing F-1 Duration of Status framework remains in place while the litigation continues.

Students should continue following current F-1 rules and monitor further announcements from DHS, USCIS, ICE/SEVP, and their universities.

Sources:

• CourtListener — Presidents’ Alliance on Higher Education and Immigration v. United States
  https://www.courtlistener.com/docket/74661796/presidents-alliance-on-higher-education-and-immigration-v-united-states/
• Reuters — U.S. Judge Blocks Trump Limits on Duration of Visas for Foreign Students, Journalists
  https://www.reuters.com/world/us-judge-blocks-trump-limits-duration-visas-foreign-students-journalists-2026-09-14/
• Federal Register — DHS Final Rule on Fixed Periods of Admission
  https://public-inspection.federalregister.gov/2026-14439.pdf
• Presidents’ Alliance — Duration of Status Litigation
  https://www.presidentsalliance.org/duration-of-status-litigation/