On July 17, 2026, the Department of Homeland Security published a final rule in the Federal Register replacing the duration of status framework for nonimmigrant academic students (F), exchange visitors (J), and representatives of foreign information media (I) with fixed-time admission periods. The rule was set to take effect September 15, 2026, during the 2026-27 academic year. However, on September 14, 2026, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction postponing the effective date in Presidents' Alliance on Higher Education and Immigration v. U.S. Department of Homeland Security, No. 1:26-cv-13799-FDS [6]. The order bars DHS and U.S. Immigration and Customs Enforcement from implementing the rule while the litigation proceeds. Duration of status remains the operative framework for F, J, and I nonimmigrants [7].
Fixed admission periods and extension of stay requirements
Under the final rule's provisions, which are not currently in effect, the authorized admission period for F and J nonimmigrants would be set at up to the length of the program listed on the Form I-20 or DS-2019, not to exceed four years, plus a 30-day arrival period and a 30-day departure period [1][3]. The departure preparation period after completion of study or post-completion practical training would be reduced from 60 days to 30 days. F-1 students needing additional time beyond their admit-until date would file an extension of stay application with USCIS using Form I-539, with required fees and biometrics. USCIS must receive the application on or before the date the authorized period of stay expires, including the 30-day departure period [8]. DHS recommends that students apply for an extension of stay 180 days before their admit-until date, and applications may not be filed more than 180 days in advance [2]. The rule also requires F-1 students to complete their first academic year at the school that issued their initial I-20 before transferring or changing educational objectives, unless SEVP authorizes an exception. F-1 students at the graduate education level or above would be prohibited from changing educational objectives or transferring at any point during their program, unless SEVP authorizes an exception for extenuating circumstances [1]. Language training students would be limited to an aggregate 24-month stay including breaks [1][3]. For current F students admitted under duration of status who are in the United States on the effective date, the rule provides that they may remain without applying for an extension up to the program end date on their Form I-20 or the end of post-completion OPT, not to exceed four years, plus a 60-day departure period. Those who travel after the effective date would be readmitted by Customs and Border Protection with a new fixed period of admission [2].
K-12 schools face delayed implementation
Designated school officials at SEVP-certified schools had been preparing to issue updated Form I-20s reflecting new admit-until dates, recommend extensions in SEVIS, and counsel F-1 and F-2 families on the new process [4]. The September 14 injunction means those changes are on hold, and existing duration-of-status procedures remain in effect [7]. The statutory cap on F-1 attendance at public high schools, set at 12 aggregate months by the Immigration and Nationality Act section 214(m), remains in force under the existing framework. The rule's preamble, which is not currently being implemented, states that the cap would continue to apply under the fixed-time framework as well [1][3]. Because the 12-month statutory cap is shorter than the rule's four-year maximum admission period, the cap would remain the binding limit for F-1 students at U.S. public high schools even under the fixed-time framework. Under the rule's transition provisions, F-1 students already in the United States under duration of status on the effective date could remain without filing an extension up to their program end date, but their aggregate attendance at a public high school would still be capped at 12 months [1][2].
Legal challenge and preliminary injunction
The injunction was issued in a lawsuit brought by the Presidents' Alliance on Higher Education and Immigration, joined by NAFSA: Association of International Educators and several labor unions [7]. The court granted relief under Section 705 of the Administrative Procedure Act, postponing the effective date pending further order of the court or resolution of the proceeding on the merits. The order does not vacate the rule; the litigation continues, and the government may appeal [6]. If the injunction is lifted or dissolved, the rule could take effect with little advance notice, and anyone entering the United States after the effective date would be admitted under the new fixed-time framework [6][7].
A return to pre-1979 practice
The final rule's preamble states that the fixed-time admission framework is consistent with practices for F-1 students prior to 1979, when the duration of status system was introduced, citing 38 FR 35425 (Dec. 28, 1973). Most other nonimmigrant categories have always used fixed admission periods. DHS first proposed the change through a notice of proposed rulemaking published on August 28, 2025 (90 FR 42070) [1].
Agency rationale and contested evidence
In the rule's executive summary, DHS states that replacing duration of status with fixed-time admission will provide additional protections and oversight, allow the agency to better evaluate whether nonimmigrants are maintaining status, and mitigate risks posed by those who might exploit the programs to live in the United States on a non-temporary basis [1]. DHS said it does not believe the requirement will place an undue burden on nonimmigrants [1]. A DHS press release announcing the rule characterized the previous duration of status framework as having enabled visa abuse [5].