2026 Student Visa Changes: Duration of Status Rule Postponed
On July 17, 2026, DHS published a final rule that would end "Duration of Status" (D/S) for F-1 students and J-1 exchange visitors and replace it with a fixed admission period. The rule was set to take effect September 15, 2026.
Last updated: October 11, 2026.
What happened on September 14, 2026
On September 14, 2026, the U.S. District Court for the District of Massachusetts postponed the rule's effective date nationwide in *Presidents' Alliance on Higher Education and Immigration v. DHS*, No. 1:26-cv-13799. Duration of status still applies. Students are not, for now, limited to a fixed "Admit Until" date under that rule, and they are not required to file Form I-539 solely because of it.
### What the postponed rule would have done
If the postponed rule later takes effect, it would change how F-1 and J-1 students keep lawful status:
Before the rule: F-1 and J-1 students are generally admitted for duration of status. They can remain in the United States while they maintain a valid SEVIS record and follow the terms of their status. A designated school official can extend a program in SEVIS without a separate USCIS extension application.
If the rule takes effect: Students would receive a fixed "Admit Until Date" on Form I-94, based on the program length on Form I-20 or DS-2019, not to exceed four years, plus a 30-day arrival period and a 30-day departure grace period. Extra time — to finish a program, change levels, transfer, or use practical training — would require a USCIS-approved extension of stay on Form I-539 before the I-94 date.
DHS had also announced a new Form I-539 edition (09/15/26) for filings on or after the effective date, with no grace period once that date arrives. That edition is not required while the rule is postponed.
### What students should do now
On September 14, 2026, the U.S. District Court for the District of Massachusetts postponed the rule's effective date nationwide in *Presidents' Alliance on Higher Education and Immigration v. DHS*, No. 1:26-cv-13799. Duration of status still applies. Students are not, for now, limited to a fixed "Admit Until" date under that rule, and they are not required to file Form I-539 solely because of it.
### What the postponed rule would have done
If the postponed rule later takes effect, it would change how F-1 and J-1 students keep lawful status:
Before the rule: F-1 and J-1 students are generally admitted for duration of status. They can remain in the United States while they maintain a valid SEVIS record and follow the terms of their status. A designated school official can extend a program in SEVIS without a separate USCIS extension application.
If the rule takes effect: Students would receive a fixed "Admit Until Date" on Form I-94, based on the program length on Form I-20 or DS-2019, not to exceed four years, plus a 30-day arrival period and a 30-day departure grace period. Extra time — to finish a program, change levels, transfer, or use practical training — would require a USCIS-approved extension of stay on Form I-539 before the I-94 date.
DHS had also announced a new Form I-539 edition (09/15/26) for filings on or after the effective date, with no grace period once that date arrives. That edition is not required while the rule is postponed.
### What students should do now
- Keep your SEVIS record and I-20 or DS-2019 current with your school or program sponsor.
- Check your I-94 at [i94.cbp.dhs.gov](https://i94.cbp.dhs.gov) so you know how you were admitted.
- Watch for a further court order or a new effective date. A postponement is not the same as a permanent repeal.
- If you are already out of status, or you need help with F-1 reinstatement or a separate Form I-539 (for example, a change or extension that is required for another reason), talk with a lawyer about that specific problem. This office does not handle every student-visa service.
*Sources: DHS final rule published July 17, 2026 (planned effective date September 15, 2026); order of September 14, 2026 in Presidents' Alliance on Higher Education and Immigration v. DHS, No. 1:26-cv-13799 (D. Mass.), postponing the rule nationwide.*
Contact our office if you need to discuss your F-1 or J-1 status in light of the postponement.
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