The F-1 Rule Was Halted in Court: It Did Not Take Effect on 9/15, and D/S Continues for Now
On September 14 — one day before the scheduled effective date — a federal judge (Saylor, D. Mass.) granted the universities' request for a nationwide preliminary injunction. The fixed-admission-period rule is not being implemented while the case proceeds. This page first explains what the injunction changes, then keeps the line-by-line reading of the rule text (litigation is ongoing and the rule may still take effect later). Last verified September 15, 2026.
🛑 September 14 Update: Halted Nationwide by a Federal Court, One Day Before the Effective Date
On September 14, 2026 — the day before the scheduled effective date — Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts granted a nationwide preliminary injunction at the request of a higher-ed coalition including NAFSA and the Presidents' Alliance (suit filed August 18, 2026). While the case proceeds, DHS and ICE may not implement the rule replacing Duration of Status with fixed admission periods. At the September 3 hearing the judge described the rule's potential harms as "enormous."
What this means: **the D/S framework remains in force**. The table below shows each provision's status under the injunction — and what it would become if the rule later takes effect (the government is expected to appeal; the rule would revive if it prevails). The Federal Register record is unchanged by the court order. This page was last verified September 15, 2026.
| Rule provision (original text) | During the injunction (current status) | If the rule later takes effect |
|---|---|---|
| 4-year fixed admission period replaces D/S | Not in effect — stay still follows I-20 program dates | Entry/re-entry by Admit Until Date, capped at 4 years |
| Departure grace period 60 → 30 days | Not in effect — 60 days stands | 30 days after program end |
| Extra I-539 for OPT / STEM OPT | Not in effect — current process unchanged | I-765 filed by March 18, 2027 exempt; both forms after |
| Re-entry triggers fixed-date conversion ("upon travel") | Not in effect — re-entry stays under D/S | Current students convert upon re-entry |
The Rule Text, Line by Line (Not in Effect Under the Injunction — for Reference If It Revives)
The rule — "Setting Fixed Admission Periods and Extension-of-Stay Procedures for Nonimmigrant Students, Exchange Visitors, and Foreign Information Media Representatives" (91 FR 44976), published July 17, 2026 and originally effective September 15, 2026 — is now blocked by the injunction above. Much of the circulating commentary frames it as "a 4-year cap for every international student." That was wrong even on the rule's own terms: the transition provision explicitly protects D/S students already in the United States on the effective date.
| Your situation | If the rule takes effect | Key rule |
|---|---|---|
| F-1 first entry or re-entry on or after September 15, 2026 | Affected | I-94 will carry a fixed date (Admit Until Date), capped at 4 years |
| Already in the U.S. and properly maintaining D/S status on 9/15 | Not affected for now | May stay until the I-20 program end date (the later of it and the EAD expiration date), no later than November 14, 2030 |
| Current student who leaves and re-enters the U.S. after 9/15 | Affected | "Upon travel" provision: re-entry transitions you to a fixed date |
| Away ≤30 days, only to Canada/Mexico/adjacent islands | Usually does not trigger conversion (CBP discretion, not guaranteed) | Automatic visa revalidation (new 8 CFR 214.1(b)(1)) — the I-94 may still be updated to a fixed date |
Five Key Changes (Rule Text — None in Effect Under the Injunction)
These are the rule's actual changes relative to the status quo — currently all blocked by the injunction, listed for understanding and tracking.
- A fixed admission period replaces Duration of Status: up to 4 years at entry; those who need more time to finish a program or for OPT must apply for Extension of Stay (EOS, Form I-539) with USCIS.
- The departure grace period after program end is shortened from 60 days to 30 days.
- OPT / STEM OPT applications require an additional I-539 (fee + fingerprints) — transition exemption: no I-539 is required for I-765 filings on or before March 18, 2027.
- Degree-path restrictions: after completing a program at one educational level, you may only begin a program at a higher level; same-level or lower-level programs are restricted. Programs completed before the effective date are not counted retroactively. The rule also restricts school transfers and changes of educational objective (DHS may delay implementation).
- The final rule contains no "2-year cap for certain countries/majors" provision — DHS explicitly said it is not included at this time; check such claims against the original text.
Three Internal Dates of the Rule (All "Dormant" Under the Injunction)
These are the rule's internal time anchors — inert while the injunction stands; their meaning if the rule takes effect is below.
| Date | Meaning if the rule takes effect |
|---|---|
| September 15, 2026 | Baseline date. Already in the U.S. that day and properly maintaining D/S → transition protection (grandfathered) |
| March 18, 2027 | File the post-completion OPT / STEM OPT I-765 by this date and the I-539 is not required |
| November 14, 2030 | Absolute outer limit of authorized stay under transition protection (4 years from September 15, 2026 + the 60-day departure period) |
Two Reminders We Must Include (Updated September 15, 2026)
First: the rule's current status is blocked by a nationwide preliminary injunction and not in effect — but a preliminary injunction is not a final judgment. The government is expected to appeal; the rule could revive or be definitively struck down. The Federal Register record is unchanged; treat court filings and official DHS / USCIS announcements as the source of truth. This page was last verified September 15, 2026.
Second (related timeliness, unaffected by this case): DHS separately published a proposed rule on August 25, 2026 to charge $103,265 for all H-1B cap-subject petitions (including the advanced degree exemption), with the public comment period open through September 24, 2026. The previously court-blocked $100,000 proclamation fee has not "come back," but a proposal carrying a similar fee forward through formal rulemaking is already on the way — the two documents are separate matters.
FAQ
What does "halted by a court" mean — has the rule been struck down?
No. What Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts issued on September 14, 2026 is a preliminary injunction, nationwide in scope: while the case proceeds, DHS and ICE may not implement the rule. Duration of Status therefore continues — the 60-day grace period stands, no extra I-539 for OPT, no 4-year fixed cap, and re-entry does not trigger conversion. Two caveats: a preliminary injunction is not a final judgment (the government is expected to appeal, and the rule could revive), and the Federal Register record itself is unchanged — court orders do not amend it.
Which rules do I live under during the injunction?
The existing Duration of Status framework: your stay follows your I-20 program dates; the 60-day grace period after program end applies; OPT/STEM OPT follows the current process (no additional I-539 because of this rule). The "rule text" sections below describe the blocked rule — they are kept so you understand it and can re-check quickly if the litigation outcome changes.
How long might the injunction last? What should I watch?
Cases like this typically run months to years. The plaintiffs are a coalition including NAFSA and the Presidents' Alliance (filed August 18, 2026; hearing September 3, where the judge called the potential harms "enormous"; order September 14). Watch three signals: a government appeal or stay request, the district court's merits ruling, and any new DHS rulemaking. Court filings and official DHS/USCIS announcements are the source of truth.
Is it true that "students from certain countries only get 2 years"?
No such provision exists in the final rule (DHS explicitly said "at this time" it is not including country-specific limits) — and the rule as a whole is currently enjoined and not in effect. Check such claims against the Federal Register original and the court documents.
I graduate in 2027 — how should I plan OPT?
Under the injunction, follow current rules: OPT/STEM OPT applies normally with no additional I-539. If the injunction is later lifted and the rule takes effect, the transition exemption (I-765 filings on or before March 18, 2027 skip the I-539) would only then start to matter. Plan under current rules and track the appeal.
Official sources (.gov)
- NAFSA · Official litigation tracker (confirms the September 14, 2026 preliminary injunction: Judge Saylor, D. Mass., nationwide)
- UW-Madison ISS · September 14, 2026, 5 p.m. update ("The final rule will not go into effect on 15 September 2026")
- Fragomen · District Court Postpones Implementation of DHS Final Rule (law-firm alert)
- Federal Register · Full text of the F-1 fixed admission period final rule (91 FR 44976, published July 17, 2026 — record unchanged by the injunction)
- Federal Register · H-1B $103,265 fee proposed rule (91 FR 54817, comment period through September 24, 2026)
- DHS Study in the States · Official quick summary of the rule
This page is a summary of public policy information, not legal advice. Immigration rules and their implementation may change; defer to the official texts of the U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and the Federal Register. For decisions material to your status planning, consult a licensed immigration attorney.