Is F-1 duration of status ending? What applies today, and what the postponed rule would change
Not today. DHS published a final rule on July 17, 2026 that would replace F-1 "duration of status" with fixed-date admissions, starting September 15, 2026. On September 14, 2026, one day before that date, a federal court postponed the rule nationwide and barred DHS from implementing it while the case continues. USCIS says it is proceeding under the previous regulations. So F-1 students are still admitted for duration of status, and the rules below are the ones in force. This page is the plain-language map: today's rules first, then what the rule would change if the postponement ends. 91 FR 44976; Presidents' Alliance on Higher Education and Immigration v. DHS, No. 1:26-cv-13799 (D. Mass. Sept. 14, 2026)
What applies today
- Duration of status (D/S) continues. Your I-94 shows "D/S," with no fixed end date. You are admitted for as long as you pursue a full course of study, plus any authorized practical training after your studies. There is no four-year maximum and no "admit until" date. 8 CFR 214.2(f)(5)(i)
- Need more time? Your DSO extends the program. If you can't finish by your I-20 program end date, you ask your DSO for a program extension before that date. The DSO can grant it for compelling academic or medical reasons, by updating SEVIS and issuing a new I-20. F-1 students do not file Form I-539 for an extension of stay. 8 CFR 214.2(f)(7)(i), (iii), (iv)
- The grace period is 60 days after you complete your program or post-completion OPT; 15 days after a DSO-authorized withdrawal; none after a failure to maintain status. 8 CFR 214.2(f)(5)(iv)
- The OPT filing window is 60 days. USCIS must receive your Form I-765 up to 90 days before and no later than 60 days after your program end date, and within 30 days of your DSO's OPT recommendation in SEVIS. 8 CFR 214.2(f)(11)(i)(B)(2)
- Travel doesn't change your admission. A student returning from a temporary absence of five months or less, with an I-20 endorsed for reentry, is readmitted for D/S. 8 CFR 214.2(f)(4), (f)(5)(i)
- New students can be admitted up to 30 days before the program start date on the I-20. That is longstanding law, not part of the new rule. 8 CFR 214.2(f)(5)(i)
- Cap-gap is unchanged: an F-1 student who is the beneficiary of a qualifying H-1B change-of-status petition is automatically extended to April 1 of the fiscal year or the petition's start date, whichever is earlier. 8 CFR 214.2(f)(5)(vi)
- Forms: USCIS continues to accept the 08/21/25 edition of Form I-765 and the 08/28/24 edition of Form I-539, and is not accepting the 09/15/26 editions that were built for the rule. USCIS alert on uscis.gov/i-765 and uscis.gov/i-539
CPT is a separate story. SEVP's August 2026 guidance tightening CPT scrutiny, including Day-1 CPT (Broadcast Messages 2608-01 and 2608-02), is agency guidance issued apart from the rule, and the court order does not touch it. See CPT that survives scrutiny. SEVP Broadcast Messages 2608-01 (Aug. 12, 2026), 2608-02 (Aug. 24, 2026)
What the postponed rule would change
Status: postponed nationwide by court order on September 14, 2026 (Presidents' Alliance on Higher Education and Immigration v. DHS, No. 1:26-cv-13799, D. Mass., under 5 U.S.C. § 705). Next court date: October 2, 2026. This page is updated when that changes.
Everything in this section describes the final rule as published at 91 FR 44976 (July 17, 2026). None of it applies today. 91 FR 44976
Fixed dates instead of D/S. Students admitted after the effective date would get a fixed date on the I-94. Staying past it would require an extension request to USCIS. The period would match the program on the I-20, up to four years measured from the I-20 program start date, plus a 30-day period on the I-94. English-language training would be capped at 24 months. Details: the four-year limit, explained. 8 CFR 214.1(a)(4), 214.2(f)(5)(i), as amended
Transition students. Students in the U.S. on the effective date, maintaining F-1 status and admitted for D/S, would keep old-rules treatment while they stayed in the country. It would last through the later of their I-20 program end date or EAD end date, capped at four years from the effective date, plus a 60-day departure period. Leaving and re-entering would end it. 8 CFR 214.1(m)(1), as amended
Form I-539 in place of a DSO extension. More time would mean a Form I-539 filed with USCIS: a DSO-endorsed I-20, evidence of funds, the USCIS fee ($420 online or $470 on paper under fee schedule G-1055), and possibly biometrics. A timely filing would give authorized stay while pending. On-campus, CPT and economic-hardship work would continue for up to 240 days, but not if the extension was filed during the 30-day departure period, which would permit study only. Approval would not be guaranteed. 8 CFR 214.2(f)(7), (f)(5)(viii), as amended
An OPT carve-out. A transition student who filed for post-completion OPT (or a STEM OPT extension before the current EAD expired) on or before March 18, 2027, while still within their admission, would not need an I-539 for that OPT period. See the I-539 guide. 8 CFR 214.1(m)(1)(i)-(iii), as amended
Shorter periods and windows. The departure period would be 30 days for fixed-period students (60 only for transition students), and the OPT filing window would close 30 days after the program end date. See 60 days or 30? and the OPT filing window. 8 CFR 214.2(f)(5)(v), (f)(11)(i)(B)(2), as amended
Travel would convert transition students. Re-entry would bring a fixed-date I-94 and a 30-day departure period. Travel with a pending I-539 or change of status would carry abandonment risk. See the travel guide. 8 CFR 214.1(m)(1), 248.1(f), as amended
Program-change limits. Graduate students could not change major or program level during a program, and could transfer only under an SEVP extenuating-circumstances exception. Students below graduate level could not transfer or change program objective in their first academic year. A student who completed a program could not start a new one at the same or a lower level. DHS reserved authority to delay these provisions until September 14, 2028. CPT continuation during a pending extension would cap at 240 days or the DSO's CPT end date. 8 CFR 214.2(f)(5)(ii), as amended; 91 FR 44976
As published, the rule counts its transition dates from its original September 15, 2026 effective date. If the postponement ends, check how DHS applies those dates at that time; this page will say.
Where to start, by situation
| Your situation | Start here |
|---|---|
| Finishing your program soon | The 60-day grace period and the OPT filing window |
| Won't finish by your I-20 end date | Ask your DSO for a program extension before that date 8 CFR 214.2(f)(7)(iii) |
| Planning international travel | The travel guide |
| Arriving for a new program | You are admitted for D/S; the four-year limit guide explains what the postponed rule would mean |
Henry answers under the rules in force today, with the regulation cited, for students and advisors alike. The free calculator shows what the postponed rule would mean for your dates if it takes effect. Free, no account needed; please leave out student names and ID numbers.
See what the postponed rule would mean with the Duration Rules Calculator → Ask Henry →
FAQ
Did F-1 duration of status end on September 15, 2026?
No. A federal court postponed DHS's fixed-period rule (91 FR 44976) on September 14, 2026, and DHS is barred from implementing it while the case continues. F-1 students are still admitted for duration of status, and an I-94 showing D/S is correct. 8 CFR 214.2(f)(5)(i); Presidents' Alliance on Higher Education and Immigration v. DHS, No. 1:26-cv-13799 (D. Mass.)
Is there a four-year maximum on F-1 admission now?
No. Under duration of status there is no fixed maximum: you are admitted for as long as you pursue a full course of study and any authorized practical training. The postponed rule would set a maximum initial admission of four years from the I-20 program start date if it takes effect. 8 CFR 214.2(f)(5)(i)
Do F-1 students have to file Form I-539 to extend their stay?
No. If you need more time, your DSO grants a program extension in SEVIS before your I-20 program end date, for compelling academic or medical reasons. The I-539 extension procedure belongs to the postponed rule. 8 CFR 214.2(f)(7)(i), (iii)
Did anything change for OPT or CPT?
Not through this rule. The OPT filing window is still up to 90 days before and no later than 60 days after the program end date, and within 30 days of the DSO's recommendation. SEVP's August 2026 CPT guidance (Broadcast Messages 2608-01 and 2608-02) is separate agency guidance and is not affected by the court order. 8 CFR 214.2(f)(11)(i)(B)(2)
Can I travel abroad and come back?
Yes. A student returning from a temporary absence of five months or less, with an I-20 endorsed for reentry, is readmitted for duration of status. The rule's conversion of returning students to fixed-date admissions is postponed along with the rest of the rule. 8 CFR 214.2(f)(4), (f)(5)(i)