If you're an F-1 student, a J-1 exchange visitor, or someone planning to study in the U.S., the past few weeks have probably been stressful. A major rule change was supposed to start on September 15, 2026. A day before that, a federal court stepped in and paused it.
Here's what happened, what it means for you right now, and what to watch for next.
The short version
- The DHS rule ending "duration of status" (D/S) is not in effect.
- The old system continues nationwide for now.
- USCIS is accepting only the older editions of Forms I-539 and I-765.
- This is a temporary court order, and things could change.
What was the rule?
On July 17, 2026, the Department of Homeland Security (DHS) published a final rule titled "Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media" (91 Fed. Reg. 44976).
For decades, F-1 students and most J-1 exchange visitors have been admitted to the U.S. for "duration of status." Your I-94 simply says "D/S," which means you can stay as long as you're maintaining your program, with no fixed end date.
The new rule would have replaced this with fixed admission periods of up to four years for F-1 and J-1 holders (and up to 240 days for I visa media representatives). If you needed more time, you would have had to apply to USCIS for an extension of stay, or leave the U.S. and re-enter.
The rule was scheduled to take effect on September 15, 2026.
What did the court do?
On August 18, 2026, a coalition of education groups and unions, including NAFSA: Association of International Educators and the Presidents' Alliance on Higher Education and Immigration, sued DHS in the U.S. District Court for the District of Massachusetts. The case is Presidents' Alliance on Higher Education and Immigration, et al. v. DHS, No. 26-cv-13799.
On September 14, 2026, Judge F. Dennis Saylor IV issued an order that:
- Postpones the rule's effective date until the court orders otherwise or the case is decided on its merits
- Bars DHS from taking any further steps to implement the rule
- Applies nationwide
The court found that the challengers are likely to succeed in showing the rule is arbitrary and capricious, and that letting it take effect would cause immediate and irreparable harm.
DHS has said it strongly disagrees with the order and will implement the rule if the order is lifted. Until then, USCIS is following the previous regulations.
What this means for you right now
Your status: If your I-94 says "D/S," nothing changes. You remain in status as long as you maintain your program. You don't need to file an extension just because of this rule.
Your forms: This is the part people are most likely to get wrong. USCIS had prepared new form editions dated 09/15/26 for the new rule. Because the rule is paused, those new editions are not being accepted.
| | Form | | | Edition to use | | | Do NOT use | |
|---|---|---|
| I-539 (Extend/Change Status) | 08/28/24 | 09/15/26 |
| I-765 (Employment Authorization, e.g., OPT, STEM OPT) | 08/21/25 | 09/15/26 |
You'll find the edition date at the bottom left of every page of the form. Check every page before you file.
Questions we're hearing
Q: Is the rule ending duration of status in effect? No. A federal court has postponed it, and duration of status continues nationwide for now.
Q: My I-94 shows "D/S." Do I need to do anything? No. Keep maintaining your status as usual: stay enrolled, keep your SEVIS record active, and follow your program rules.
Q: I want to apply for OPT or STEM OPT. Can I file now? Yes. Use the 08/21/25 edition of Form I-765. Filing on the wrong edition can get your application rejected, and with OPT's strict filing windows, a rejection can cost you valuable time.
Q: The USCIS website doesn't show the new forms. Is something wrong? No, that's expected. The new 09/15/26 editions are on hold along with the rule. The older editions are the correct ones to use right now.
Q: I downloaded the 09/15/26 edition earlier. Can I use it? No. USCIS posted preview versions before September 15, so you may have saved one. Delete it and download a fresh copy from uscis.gov.
Q: I already filed using the 09/15/26 edition. What now? USCIS says it is not accepting that edition, so your filing may be rejected. Talk to your DSO or an immigration attorney right away about refiling on the correct edition, especially if you're close to a deadline.
Q: Is this decision final? No. It's a preliminary order while the case continues. The government is expected to appeal, and the order could be changed or lifted. The court has a status conference on October 2, 2026, but that is not an end date for the pause.
Q: Should I change my travel or study plans? Don't make big decisions based on headlines. Before you travel or file anything, check with your school's Designated School Official (DSO) or your J-1 program's Responsible Officer, and confirm the latest USCIS guidance.
Q: Where can I check for updates?
- USCIS Form I-539 page: i-539
- USCIS Form I-765 page: i-765
- NAFSA's litigation page: nafsa.org/legal-defense-DS
- Your university's international student office
Our advice
Take a breath. For now, the system you already know is still in place. Use the right form editions, keep your documents in order, and stay in close touch with your DSO. We'll update this post as the case moves forward.
This article is for general information only and is not legal advice. Immigration rules can change quickly. For guidance on your specific situation, consult your DSO or a qualified immigration attorney.
