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IMPORTANT UPDATE FOR INTERNATIONAL STUDENTS: US FEDERAL COURT TEMPORARILY PAUSES NEW DHS RULE TO END DURATION OF STATUS (D/S)

Dear F-1 and J-1 Students,

Â鶹´«Ã½Ó³»­³öÆ· is providing an important update regarding a new U.S. Department of Homeland Security (DHS) rule affecting international students on F and J visas.
On September 14, 2026, a federal judge in the U.S. District Court for the District of Massachusetts issued a preliminary injunction temporarily postponing the effective date of the DHS Final Rule entitled “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.”

As a result of the court's order:

• The DHS Final Rule is currently on hold and has not taken effect.
• DHS and U.S. Immigration and Customs Enforcement (ICE) have been temporarily prohibited from taking further action to implement the rule.
• The SEVIS updates originally scheduled for September 14 are also currently blocked.
• The injunction will remain in effect until the court issues another order or the lawsuit is resolved.
• The court has not permanently invalidated the rule. The legal case is still ongoing, with the next court hearing set for October 2, 2026.

What does this mean for you?
At this time, students should continue to follow the current F-1/ J-1 immigration regulations and Â鶹´«Ã½Ó³»­³öÆ·’s Office of International Student and Global Scholar Services (ISGSS) guidance. Students do not need to take any action at this time solely because of this court order.

Lewis’s ISGSS Office will continue to monitor developments in this case and will provide additional guidance via email and website announcement if the court or DHS makes further changes.

CPT Guidance Clarification: Please note that this recent federal court injunction does not suspend, postpone, or otherwise affect the new DHS/ICE interpretations regarding Curricular Practical Training (CPT). The August 2026 DHS/ICE CPT guidance remains separate from the Final Rule addressed by the court’s September 14, 2026 order, and students should continue to follow Â鶹´«Ã½Ó³»­³öÆ·’s current CPT policies and guidance. At this time, Lewis is temporarily pausing approval of new CPT applications while we review our policies and the latest federal CPT guidance.

If you have questions about how these developments affect your individual immigration status or circumstances, please contact ISGSS@lewisu.edu.

Office of International Student & Global Scholar Services
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Additional Resources and Information 

On July 17, 2026, the final rule change to end Duration of Status (D/S) for several J, F, M, and I visa holders was posted in the and is expected to become law on September 15, 2026. We know this raises many questions, and we are working with other professionals and immigration attorneys to provide the most important details and how it will affect both current and future visa holders.

Currently: 

• No action is required at this time based solely on the announcement.
• Continue following your current F-1/J-1/OPT requirements, including reporting obligations.
• Our ISGSS office will share updates if DHS or SEVP requires any action from F-1 students.
• Our office advises only on F-1/J-1 regulations. Consult an immigration attorney for questions about other visa types.
• Once we have more information, we will be holding regular Q&A Sessions via Zoom. We will communicate that information to all active F and J visa holders ASAP.

Summary
The Department of Homeland Security (DHS) is amending its regulations to change the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period, and additional changes to admission and extension requirements. This rule has been classified as a major rule subject to congressional review. The effective date of the new rule is September 15, 2026. 

During the final rule implementation period from July 17, 2026 through September 14, 2026, all SEVIS and USCIS processes will remain the same as they are now.

For current ACTIVE F-1 and J-1 visa holders and their dependents who are already in the US (in their academic program, on OPT, or on STEM OPT) before September 15, 2026, there will be a transition period (up to 4 years).

Important Transition Period Information

• The transition period can last up to 4 years for these individuals
  
  
• The transition period will allow students or scholars to complete the academic program listed on their current I-20/DS-2019 with D/S until the program end date or 4 years after the effective date of the rule, whichever comes first. After finishing that program, students or scholars may only apply for a new academic program at a higher level by filing for an extension of stay (I-539) within the US or obtain a new I-20 or DS-2019 and re-enter the US. The new program will be subject to a fixed admission date.
  
  
• If a F-1 visa holder has timely filed Form I-765 for post-completion OPT or a STEM OPT extension on or before March 18, 2027, there will not be a requirement to file an EOS application.  However, if they depart the US before filing Form I-765 for post-completion OPT or STEM OPT, and are subsequently admitted to the US with a fixed period of admission, they will be required to file both Form I-765 and an EOS Form I-539. 
  
  
• The H-1B cap-gap provisions are not changing due to this rulemaking; therefore, the H-1B cycle should not be affected by this rule.

Leaving the U.S / Travel

• F and J visa holders who travel and enter or re-enter the US on or after September 15, 2026 will not receive the benefits of the transition period.
• If you depart the US and re-enter after 9/15/26, you will receive a new I-94 with a fixed admission date (AUS) instead of D/S.
• I-94s for individuals currently within the US on 9/15/26 do not need to be corrected to a fixed admission date (AUS) 

Important reminders

• There is a 60 day grace period before the changes go into effect. Everything will remain the SAME until September 15, 2026.
• There is a 6 month OPT filing grace period for current F/J visa holders inside the US.
• There will be a 30 day grace period after F-1 status completion (instead of 60 days).

Limitations to changing educational objectives effective September 15, 2026

• Transfers to another school or program will not be allowed during the first year of a UG student’s academic program (unless approved by USCIS)
• Transfers to another school or degree program will not be allowed at all during graduate studies (unless approved by USCIS)
• 4 year implementation period to ease the transition for currently active F-1 and J-1s

No lateral or reverse matriculation

• Students may not complete another academic degree at the same level
• No second bachelor’s degrees or second master’s degrees
• Students MAY matriculate to another level

More information about the final rule

• (7/17/26)

Summary of the proposed DHS rule changes:

• Replace the Form I-94 Arrival/Departure Record “admit until date” of “duration of status” with a fixed end date that aligns with the academic program length or four years, whichever is shorter.  
  

• Students and scholars seeking F-1 or J-1 status will be admitted to the U.S. for a period of no more than four years.  If their program exceeds four years, they will be required to apply to USCIS for an extension of status.  If their program is less than four years, their period of stay will be limited to the end date on their immigration document (Form I-20 or DS-2019).  Students and scholars already in the U.S. at the time the final rule is published will be transitioned to a fixed date of admission, which will be the current program end date on the Form I-20, Form DS-2019, or EAD, plus a grace period of 60 (F) or 30 (J) days, not to exceed four years from the date the final rule is published.
  
  
• Require students/scholars to file a formal I-539 extension of stay (EOS) process with USCIS as part of a multi-step process to extend lawful stay in the US. 

• Individuals in F or J status who require more than four years to complete program requirements will need to apply to USCIS for an Extension of Status, using . The I-539 can be filed online, and the filing fee as of May 2026 is $420. Some individuals may wish to work with an attorney on this additional filing, and ISGSS staff may be limited in the level of guidance they can provide.
  
  Extensions may also be needed when advancing educational levels and when applying for OPT and STEM OPT. It appears that students who are already in F-1 status and in the US at the time the new rule goes into effectmay file for OPT/STEM OPT without the additional I-539 filing requirement for up to 6 months after the final rule goes into effect. After the new rule has been active for 6 months, all students filing for OPT/STEM OPT will be required to file the I-539 Extension in addition to the I-765 Employment application. This information will be confirmed once the final rule is published.
  

• Shorten the current F-1 grace period from 60 days to 30 days: The grace period is a period of lawful stay in the U.S. granted to students after completing an academic program. During the grace period, a F visa holder may prepare for departure from the US. Current rules allow an F-1 student to change education level, transfer schools, or apply for a change of immigration status or benefit during the 60-day grace period. Under the proposed rule, this period would be shortened to 30 days. There is no change to the J-1 student or scholar grace period which is already set at 30 days.

• Cap on ESL duration of admission: English language training will be limited to 24 months, plus a 30-day grace period. 

• Restrictions on transfers: Undergraduate students would not be permitted to transfer to a new school until they complete one full academic year at the school whose I-20 they used to enter the U.S.  Graduate students would be completely barred from transferring to a new institution at all. Instead, they would instead need to depart the U.S. and enter with a new I-20 from the new school.

• Restrictions on changes to 'educational objectives': Undergraduate students would not be permitted to change their major until after one full academic year at the school whose I-20 they used to enter the U.S.  Graduate students would be completely barred from changing majors at all, and they would instead need to depart the U.S. and enter with a new I-20 from the new school.

• Prohibit F-1 students from pursuing another academic program at the same or lower educational level: F-1 students who complete a program at one education level would be barred from pursuing another academic program at the same education level or lower education level.  

The rule also outlines new standards for extension eligibility, expands USCIS discretion, and revises related employment authorization and dependent rules.