On July 17, 2026, the Department of Homeland Security (DHS) published a final rule that ends what is called duration of status for F-1 students and J-1 exchange visitors. Until now, an international student could stay in the U.S. as long as they were enrolled and making normal progress. The new rule replaces that with a fixed date, capped at four years. It was due to take effect on September 15, 2026.
It did not. On September 14, Judge F. Dennis Saylor of the U.S. District Court for the District of Massachusetts granted nationwide preliminary relief in a lawsuit brought by NAFSA, the Presidents' Alliance on Higher Education and Immigration and several university and labor groups. The judge found the plaintiffs were likely to succeed in showing that DHS did not properly weigh costs, alternatives and public comments.
On September 30, the government appealed to the First Circuit Court of Appeals. At a status conference on October 2, it said it wants the appeal expedited, and the judge asked both sides to file their positions by October 9. Today, duration of status is still the rule for every F-1 student. But this is not over, and families applying now should know what could change.
These are the main points of the final rule for F-1 students, as summarized by university international offices and immigration lawyers. None of them apply while the court order stands.
Many Early Action and Early Decision deadlines fall on November 1 or November 15. That means many families are choosing universities and majors right now, while the appeal is moving. Most of them will never feel the rule. A student who starts a four-year bachelor's degree in August and finishes on time is inside the limit.
The risk is in the plans that do not fit neatly into four years. In USP we see a few profiles that should pay attention:
Long programs. Some degrees, like architecture or engineering with co-op semesters, are designed to take five years. Under the rule, that fifth year would depend on an extension.
English first. Students who start with an intensive English or a pathway year before the degree add time to the clock.
The plan to transfer. Some families plan a first semester somewhere cheaper and a quick move to the university they really want. The rule would make that much harder in year one.
Double majors and late changes. Adding a second major or switching fields in year three can push graduation past four years.
If you want a refresher on how degrees, credits and divisions work, our guide to the U.S. college system is a good start.
Our advice is simple: keep applying, but build a plan that would still work if the rule is reinstated.
The first mistake is thinking the rule is dead. A preliminary order can be changed on appeal, and the government has asked to move fast. The second is the opposite: acting as if the rule were already in force and dropping good universities out of fear. Both lead to bad decisions.
The third is trusting social media posts or forwarded messages. Immigration rules are technical and change quickly. Read the official sources at the end of this article, and the updates from the international office of the university you are considering.
The fourth is choosing a major without a timeline. A student who changes majors twice and adds a minor can easily need nine or ten semesters. That was never ideal for the budget. With this rule in the picture, it is also a visa question.
In more than 30 years and over 2,500 university placements, we have seen visa rules change many times. The families who come through it calmly are the ones with a clear academic plan from day one.
With every Scholar student, we look at the full timeline: language level, major, the realistic time to graduate at each university and the total cost. We help choose a shortlist from our network of universities where the student can start and finish. We also follow cases like this one and tell families when something actually changes, not every time there is a headline.
We cannot promise any admission or visa result. What we can do is help you make decisions that still hold up if the rules move again.
No. On September 14, 2026, a federal court in Massachusetts blocked the rule nationwide one day before it was due to take effect. Duration of status still applies while the case continues. The government appealed on September 30, so this could change.
It is the system that lets an international student stay in the U.S. for as long as they are enrolled and maintaining status, without a fixed end date on their entry record. The blocked rule would replace it with a fixed date of up to four years.
If the student starts on time and finishes in four years, the cap should not be a problem. The risk is for programs that last longer, students who start with English classes, and students who change majors or add a second one.
Under the rule, the student would have to request an extension of stay from USCIS before the admission date expires, pay a fee and possibly provide biometrics. While the court order stands, this is not required.
Yes, under the current rules transfers are allowed with the help of the international office. If the rule were reinstated, undergraduates would generally have to complete their first academic year at their first school before transferring.
We do not recommend it. The rule is blocked, deadlines do not move, and a student with a realistic four-year plan is well placed either way. Plan carefully instead of waiting.
Photo: Mikheil Kuzmidi on Unsplash
