Duration of Status Is Back for Now. What the Court Order Means

A federal court blocked the rule that would have replaced duration of status with fixed admission periods. Here is what F-1 and J-1 holders can rely on today, and what remains unsettled while the case continues.

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, the system that admits F-1 students and J-1 exchange visitors for as long as they follow their program rules, remains in place. On September 14, 2026, a federal judge in Massachusetts postponed the effective date of the rule that would have replaced it, one day before it was due to start.

Status checked September 23, 2026. The order is preliminary. It does not decide whether the rule is lawful, and the case is continuing.

What students can rely on now

Because the rule cannot be implemented while the order stands, F-1 and J-1 holders keep the existing duration of status framework. A Form 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 for most students may continue to show “D/S” instead of a fixed end date. The order applies nationwide, because the court found it would not be workable for schools to operate under different systems in different places, according to a summary from CUPA-HR.

The blocked rule, published in the Federal Register on July 17, would have set admission periods tied to program dates, capped at four years, and required an extension of stay request to USCIS for anyone needing longer. It would also have cut the F-1 post-completion grace period from 60 days to 30 and limited school transfers and program changes.

What did not change

Everything else about maintaining status still applies: full-time enrollment, a valid Form I-20, accurate SEVISThe Student and Exchange Visitor Information System, the DHS database that tracks F, M and J students and exchange visitors and the schools that host them. Designated school officials update each record, issue the Form I-20 or DS-2019, and authorize or recommend work options such as CPT and OPT.See it in the glossary records, and authorization before any off-campus work. The order also does not touch the separate Student and Exchange Visitor Program guidance on Curricular Practical Training (CPT)Work authorization for F-1 students for training that is an integral part of an established curriculum and directly related to their major. A designated school official authorizes it in SEVIS and on the Form I-20, and the student may start only after receiving the endorsed I-20. Students generally need one full academic year of enrollment first, and 12 months or more of full-time CPT makes a student ineligible for post-completion OPT at that education level.See it in the glossary issued in August 2026, which schools are applying more narrowly.

Filing forms is a practical example. USCIS said it would keep accepting the older editions of Forms I-765 and I-539 and would not accept the September 2026 editions, as we reported in our earlier coverage of the form editions.

Why the judge blocked it

Judge F. Dennis Saylor IV found the plaintiffs likely to succeed on claims under the Administrative Procedure Act. In his view, DHS likely did not analyze costs and benefits adequately, weigh less burdensome alternatives, respond to significant public comments, or explain how fixed periods would serve its stated fraud and national security goals, as AIP reported. DHS disagreed with the ruling.

What is still open

The judge declined for now to strike the rule down permanently, though he wrote that vacating it may ultimately prove appropriate. The government may seek appellate review, and a later ruling could change the rule’s status. The next reported step is a status conference set for October 2.

Anyone planning a filing or international trip should confirm the current guidance from their school’s designated school official before acting. For a side-by-side of the two systems, see our Visa Library comparison of duration of status and the fixed period.

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