Overview: For more than three decades, F-1 and J-1 students and exchange visitors were admitted for Duration of status (D/S)The period of stay for F, J and I nonimmigrants, who are admitted for as long as they maintain their program or activity rather than until a fixed date. It appears as D/S on Form I-94.See it in the glossary, meaning their stay lasted as long as they kept meeting program requirements, with no fixed expiration date on the I-94The Arrival/Departure Record that U.S. Customs and Border Protection creates when a nonimmigrant is admitted. It shows the class of admission and an Admit Until date, and most are now electronic and available on the CBP I-94 website. USCIS can also issue one when it approves an extension of stay or a change of status.See it in the glossary. A DHS rule published July 17, 2026 would have ended that framework and set fixed admission periods, effective September 15, 2026. On September 14, 2026, a federal court preliminarily enjoined the rule, so it did not take effect and duration of status remains in place while the case continues. This is a structural question about how status works, not a change to any specific visa category’s eligibility rules.
What duration of status meant for three decades
Under the old framework, an F-1 or J-1 student’s I-94 said D/S rather than a date. As long as the student kept meeting the requirements of their program, enrollment, satisfactory progress and authorized employment limits, their status continued without needing a separate extension filing tied to a calendar date.
The July 2026 rule and the court order
DHS’s Final ruleThe version of a federal regulation that an agency publishes in the Federal Register after reviewing public comments on a proposed rule. It sets an effective date, which generally falls at least 30 days after publication, and its text is added to the Code of Federal Regulations.See it in the glossary, published July 17, 2026 at 91 Fed. Reg. 44976, would replace duration of status with a fixed period of admission for F, J, and I nonimmigrants (I covers representatives of foreign media, addressed in a companion article). It was scheduled to take effect September 15, 2026.
On September 14, 2026, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts granted a Preliminary injunctionA temporary court order pausing enforcement of a rule or policy while a legal case is still being decided.See it in the glossary in Presidents’ Alliance on Higher Education and Immigration v. DHS (No. 1:26-cv-13799). The order postponed the rule’s effective date and bars DHS from implementing it while the case continues. As a result, F, J and I nonimmigrants continue to be admitted under duration of status. The court denied, without prejudice, the plaintiffs’ broader request to vacate the rule outright.
What the rule would change if it takes effect
If the injunction is lifted and the rule takes effect, F-1 and J-1 students and exchange visitors would be admitted until the program end date shown on their Form I-20 or DS-2019, capped at four years regardless of how long the program runs, with a 30-day departure period rather than 60 days. I nonimmigrants would generally be admitted for up to 240 days. People needing more time would file an extension of stay with USCIS instead of simply continuing to meet program requirements.
The transition provisions
The rule includes transition provisions for people already in the country, including a March 18, 2027 date tied to certain Form I-539 filing requirements for Optional Practical Training (OPT)Temporary work authorization that lets eligible F-1 students work in a job directly related to their field of study. It can be used before or after completing a program, for up to 12 months in total at each education level, and students with certain STEM degrees can apply for a 24-month extension. USCIS grants it on Form I-765 after the school's designated school official recommends it.See it in the glossary and STEM OPT. DHS has said it may extend that date in six-month increments. None of these provisions apply while the injunction stands.
What this means for Forms I-539 and I-765
USCIS had announced new 09/15/26 editions of Forms I-539 and I-765 tied to the rule. Because of the injunction, USCIS says it continues to accept the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765, and it is not accepting the 09/15/26 editions. Confirm the edition on the USCIS form pages before filing.
Litigation and congressional review status
The injunction is preliminary. DHS has said it disagrees with the order and will take steps to implement the rule if the order is lifted. The government is expected to appeal, no notice of appeal had been reported in the sources TR Immigration checked on September 20, 2026, and a status conference is set for October 2, 2026. The rule also remains subject to congressional review. Any of these could change what applies, so this remains an actively developing topic.
What students should check on their own I-94 today
Anyone in F-1 or J-1 status should look up their I-94 record directly through CBP, confirm the program end date their school or sponsor has on file, and talk to their designated school official or program sponsor before planning international travel or a work-authorization application. The dated policy guide tracks the current court status.
Official sources
- Study in the States: final rule establishing a fixed time period of admission
- DHS: I-94 official website
- ICE: SEVIS resources for schools and program sponsors
Related reading
TR Immigration is an independent immigration information platform. It is not a law firm. Nothing here is legal advice, an eligibility determination, or a prediction about your case. Rules and fees change often, so confirm anything you rely on against the official page it links to.