The Department of Homeland Security published this rule on 17 July 2026, due to take effect on 15 September. But the day before, on 14 September 2026, a federal district court for the District of Massachusetts issued a preliminary injunction in Presidents' Alliance on Higher Education and Immigration, et al. v. DHS, No. 26-cv-13799 (D. Mass.), postponing the rule's effective date. USCIS confirms this on its own page: "DHS is preliminarily enjoined from taking any further action to implement the final rule, and the effective date of the final rule is postponed pending further order of the court." Until the court rules further, the previous regime applies: F-1 students continue to be admitted for duration of status.
What the rule would require, if it takes effect
The period of admission would equal the programme length on the Form I-20, capped at four years. Thirty days would be added before the programme start for arrival and thirty after the end for departure. The departure period is currently sixty days.
| Term | Now | Under the postponed rule |
|---|---|---|
| Period of admission | Duration of status: for as long as the course continues | Programme length on the I-20, no more than four years |
| Departure period | 60 days | 30 days |
| Changing major, undergraduate | Free | Barred in the first year, except where SEVP grants an exception |
| Changing major, graduate and above | Free | Barred for the whole programme |
| Transfer to another school, undergraduate | Free | Barred in the first year |
| Needing more time | Extended by the school through its DSO | Form I-539 to USCIS with a fee and biometrics, or leave and re-enter |
| Next degree after graduating | Any level | A higher level only: a second bachelor's, or a step down, is barred |
As of 16 September 2026, the left-hand column of the table is what applies: students are admitted for duration of status, the departure period remains 60 days, and changing major or transferring is not restricted by federal rule. USCIS separately confirms it continues to accept the prior editions of Form I-539 (dated 28 August 2024) and Form I-765 (dated 21 August 2025), rather than the 15 September 2026 editions prepared for the new rule.
The rule would also apply to F-2 dependants: their period of admission could not exceed the principal student's, and it would be extended by the same procedure.
Why this could end the year of looking around
In the American model a student applies to a college rather than to a subject and declares a major, as a rule, by the end of the second year. Many universities openly welcome applicants who arrive undecided. That flexibility is what families were paying the American price for.
If the rule takes effect, it would not forbid applying undecided. But it would forbid changing major in the first year without SEVP permission on the grounds of extenuating circumstances, and that would shift the balance. A student who realises at the end of the first year that the subject was wrong currently just fills in a form at the registrar's office. Under the rule, the application would go to a federal agency, and the decision would not be the university's to make.
While the rule is on hold, first-year flexibility remains a student's right rather than an exception that has to be argued for a federal agency. But an applicant preparing a 2027 application should keep both scenarios in view.
The practical takeaway: while the injunction stands, there is no need to rush a final choice of subject because of this rule. But the ruling could change before the 2027 cycle opens, and that is worth watching rather than treating as settled.
Four years with no margin
The second consequence is less visible and matters more for planning — if the rule takes effect. A standard American bachelor's degree is designed to take four years. The maximum period of admission under the postponed rule is also four years. There would be no margin.
Any delay, from a leave of absence to illness or a change of pace, would run into the extension procedure. Form I-539 would be filed with USCIS with a fee and biometrics, and DHS recommends filing 180 days before the Admit Until Date. While the application is pending, on-campus work could continue for up to 240 days, but only if the filing was made before the 30-day departure period began. Filing inside that period stops all employment.
An alternative to a USCIS extension would remain available: leave the country and re-enter, receiving a new period from Customs and Border Protection. That works only with a valid visa and does not guarantee an outcome.
What the rule provided for students already enrolled
The rule included transition provisions for students already in the United States by 15 September 2026: they could remain without an extension until the programme end date on their I-20, but no later than 14 November 2030, keeping the current sixty-day departure period. That scenario has not materialised because of the injunction, but it describes how the rule would work if the injunction is lifted.
What to check when choosing a college while this is unresolved
- Track the status of case 26-cv-13799 (D. Mass.) and official updates on the USCIS Form I-539 page, where the current status is posted.
- Do not delay choosing a subject too far, even while the rule is on hold: the court's ruling could change before the 2027 application cycle.
- Ask the university's international office whether it already has a procedure prepared in case the rule does take effect.
- Separately check programme-length and transfer requirements — these questions remain relevant regardless of how the litigation ends.
Frequently asked questions
Is the fixed-period F-1 rule in effect right now?
No. On 14 September 2026, a federal district court for the District of Massachusetts issued a preliminary injunction in Presidents' Alliance on Higher Education and Immigration, et al. v. DHS (No. 26-cv-13799), postponing the rule's effective date. As of this article's last check, F-1 students continue to be admitted for duration of status.
What is duration of status?
The regime under which a student is admitted for an indefinite period, for as long as they study and keep their status. The postponed rule would have replaced it with a fixed period: the programme length on the Form I-20, capped at four years, plus thirty days for arrival and thirty for departure. That prior regime currently continues to apply.
Could the rule still take effect later?
Yes. The injunction is a temporary measure, not a final repeal of the rule. DHS has stated publicly that it disagrees with the ruling and intends to seek its removal. The case will be decided on the merits, and the rule could take effect later unchanged.
Can you still apply undecided, without a declared major?
Yes, this currently carries no added risk tied to this rule, since it is on hold. If the rule takes effect, changing major in the first year would need SEVP permission on the grounds of extenuating circumstances.
What would happen if the rule takes effect and you wanted a second bachelor's degree after the first?
Under the text of the postponed rule, this would be barred: after completing a programme, only a higher level would be permitted. While the rule does not apply, this restriction does not apply either.
Where can you check the current status of this rule?
The official USCIS Form I-539 page (uscis.gov/i-539) posts an alert with the current case status and states which form editions are being accepted. It is the fastest way to know whether the rule applies at the time of an application.
EDMONT works on applications to universities in the United States and tracks the status of this rule through official sources: we update the visa calendar in the application plan as the litigation's outcome becomes clearer.