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F-1 Duration of Status ends

Blocked by court; government appealing Blocked
Updated Sep 30, 2026 F-1OPTCPT

DHS final rule replaces open-ended 'duration of status' for F/J/I visa holders with a fixed admission period and an extension-of-stay process. On Sep 14, 2026, a federal judge in Massachusetts postponed the rule's effective date under the APA and enjoined DHS from implementing it, one day before the rule's effective date. The government appealed to the First Circuit on Sep 30 and wants it expedited; the rule stays blocked and D/S stays in place while the appeal runs.

中文DHS 最终规则把 F/J/I 签证的「duration of status」改成固定停留期,到期需申请延期。2026 年 9 月 14 日,马萨诸塞州联邦法院在生效前一天依据《行政程序法》第 705 条推迟规则生效并禁止 DHS 实施,规则被叫停。政府已于 9 月 30 日向第一巡回上诉法院上诉并要求加速审理;上诉期间规则仍被冻结,D/S 维持原样。

Timeline

  1. DHS proposes fixed admission period (NPRM); comments through Sep 29, 2025
  2. Final rule published; effective Sep 15, 2026
  3. SEVP explainer for DSOs and students
  4. NAFSA, Presidents' Alliance, AFT, UAW and others sue in D. Mass. (Judge Saylor); motion for preliminary injunction filed Complaint (Dkt. 1), Presidents' Alliance v. DHS, No. 1:26-cv-13799
  5. Preliminary injunction hearing, Moakley Courthouse, Boston
  6. Judge Saylor postpones the rule's effective date under APA §705 and enjoins DHS from implementing it while the case proceeds Court opinion (Dkt. 50); injunction order Dkt. 51
  7. Government appeals the injunction to the First Circuit; seeks expedited review Notice of appeal (Dkt. 53)

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