Important F-1 Update: Duration of Status Remains in Effect

A significant development has provided greater clarity for international students, as the U.S. Department of Homeland Security (DHS) rule concerning the duration of F-1 admission was scheduled to take effect on September 15, 2026.

A federal court has issued nationwide preliminary relief blocking implementation of the new rule while litigation continues. As a result, the longstanding Duration of Status (D/S) framework remains in effect.

For international students, this means that the existing F-1 regulations continue to govern their status while the legal proceedings move forward.

What Does This Mean for F-1 Students?

Under the current framework:

• Duration of Status (D/S) remains in effect. F-1 students may continue maintaining status by complying with the requirements of their F-1 status and maintaining an active SEVIS record.

• The existing 60-day grace period following completion of a program or authorized post-completion practical training remains in place.

• The proposed restrictions affecting school transfers, changes of academic programs, and pursuing an additional degree at the same educational level are not currently in effect.

• The proposed Extension of Stay (EOS) process that would have required many students to file with USCIS is not currently required.

• Existing regulations and eligibility requirements governing Curricular Practical Training (CPT) and Optional Practical Training (OPT) remain in effect.

What Does This Mean for Students Planning Their Next Step?

For both current and prospective F-1 students, academic planning can continue under the existing D/S framework.

This includes eligible students who are considering:

• Transferring their SEVIS record to another school

• Beginning an additional academic program

• Changing or continuing an academic program

• Pursuing authorized CPT or OPT

• Planning their next academic step after completing a current program

Students should continue to follow the regulations currently in effect and work closely with the Designated School Official (DSO) at their institution to ensure they understand the requirements that apply to their individual circumstances.

The Legal Process Is Still Ongoing

It is important to note that the court's action is preliminary. The litigation surrounding the DHS rule will continue, and future court decisions or government actions could affect the status of the proposed regulations.

For that reason, international students should continue monitoring developments and making decisions based on the regulations currently in effect rather than assuming that the proposed rule will never take effect.

HMS will continue monitoring developments and will provide additional guidance as the situation evolves.

Stability for International Students

The proposed changes to the F-1 admission framework created significant uncertainty for international students, particularly those planning school transfers, additional degrees, and practical training.

The court's preliminary relief provides important stability while the litigation continues. For now, students can continue navigating their academic journeys under the familiar Duration of Status framework.

As always, maintaining F-1 status remains the student's responsibility. Students should remain in communication with their university's DSO and carefully follow all applicable requirements.

This information is provided for general educational purposes and should not be considered legal advice. Students with questions about their individual immigration circumstances should consult their DSO or qualified immigration counsel.