What happened
The US Department of Homeland Security (DHS) had issued a final rule to end Duration of Status (D/S), the system that lets international students stay in the US for as long as their programme lasts. It was to take effect on 15 September 2026. It would have replaced D/S with fixed periods: four years for degree students and 24 months for language students. Anyone needing longer would have had to ask DHS for an extension.
A group of education organisations and unions challenged the rule in August 2026. On 14 September 2026, US District Judge F. Dennis Saylor IV granted a nationwide preliminary injunction. This means the rule is blocked for now and the existing D/S system stays in place while the case continues.
The judge said the rule likely broke the Administrative Procedure Act in several ways. He also noted that extension decisions under the rule would have been discretionary and could not be appealed, creating great uncertainty for students such as PhD candidates.
This is not the final word. The law firm Fragomen warned that DHS is likely to appeal quickly, and that the rule could be brought in with little notice if the order is reversed.
What it means for you
- For now, students on F or J visas can stay for the full length of their programme under Duration of Status, as before.
- The ruling is temporary while the case continues, and an appeal is expected. Check the latest position before you apply or travel.
- If your programme may run longer than four years, such as a PhD, or you plan to move on to Optional Practical Training (OPT), follow this case closely.
UNIFER data: US courses
Sources
- OfficialNAFSA: Statement on nationwide preliminary relief for D/S
- Reported byICEF Monitor: US court grants preliminary injunction to block rule that would have ended Duration of Status admissions for international students (15 September 2026). This story is based on their reporting; read the original for full detail.
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