US F-1 Duration of Status Rule Blocked by Court (2026): What It Means for Nepali Students
On 14 September 2026 — one day before it was due to take effect — a US federal court blocked the DHS rule that would have replaced F-1 “Duration of Status” (D/S) with fixed periods of admission. The court granted nationwide preliminary relief, so the longstanding Duration of Status framework remains in place across the US. This is a preliminary decision, not a final ruling, and the government may appeal — so the rule is paused, not cancelled. For now, F-1 students continue under the existing D/S rules.
The U.S. Department of Homeland Security (DHS) published a final rule on July 17, 2026, that was scheduled to take effect on September 15, 2026. The rule would have made significant changes to how F-1 international students, J-1 exchange visitors and I visa holders are admitted to and maintain their status in the United States.
Most importantly, the rule would have replaced the longstanding Duration of Status (D/S) system with fixed periods of admission. It also included new extension-of-stay procedures and changes affecting academic mobility, grace periods, OPT-related filing periods and other aspects of F-1 status.
However, following a federal court order issued one day before the scheduled effective date, the new DHS rule did not take effect on September 15, 2026. This guide explains what the court decided, what the rule would have changed, and what it means for Nepali students right now.
What did the US District Court decide?
On September 14, 2026, U.S. District Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts granted nationwide preliminary relief in the lawsuit challenging the DHS final rule.
The court postponed implementation of the rule and prohibited DHS and U.S. Immigration and Customs Enforcement (ICE) from implementing it while the case continues. As a result, the longstanding Duration of Status framework remains in effect nationwide.
This is preliminary relief, not a final judgment permanently cancelling or invalidating the rule. The litigation is continuing, so students should rely on the rules currently in effect rather than assume a future outcome.
What was the DHS rule supposed to change?
Under the longstanding system, eligible F-1 students are generally admitted to the United States for Duration of Status (D/S) rather than being given a fixed immigration expiration date for their entire period of study. In general terms, D/S allows students to remain in the US while they continue to maintain lawful F-1 status and pursue their authorized academic or practical-training activities.
The DHS final rule scheduled for September 15 would have changed this framework in several important ways. It included:
- Replacing Duration of Status (D/S) with fixed periods of admission for F, J and I nonimmigrants.
- Generally limiting the admission period for F-1 students based on the authorized program or activity, subject to the maximum period established by the rule.
- Introducing a formal Extension of Stay (EOS) process for students who needed additional authorized time.
- Introducing new restrictions affecting certain F-1 university transfers, changes of educational level, and changes of major or program.
- Making changes relevant to OPT and STEM OPT where additional authorized stay would be required.
- Changing certain grace periods, OPT filing periods, transition provisions and related immigration procedures.
Because implementation of the final rule was blocked before its scheduled effective date, these new provisions are not currently operative.
What does this mean for F-1 students right now?
For now, the existing F-1 Duration of Status rules remain in place. The fixed admission periods, extension-of-stay system, transition provisions, shortened grace and OPT filing periods, and academic-mobility restrictions contained in the new DHS rule are not currently in effect.
Students searching for terms such as “new F-1 visa rules 2026”, “DHS F-1 rule September 15”, “Duration of Status rule” or “F-1 visa changes 2026” may still find articles published before September 14 describing the rule as one that would take effect on September 15. Those articles may have been accurate when published, but information about the effective date is now outdated.
What does this mean for Nepali students planning to study in the USA?
For Nepali students applying to U.S. universities or preparing for an F-1 student visa, the key update is straightforward: the new DHS fixed-period rule scheduled for September 15, 2026, is not currently in effect. The existing Duration of Status (D/S) framework continues to apply.
Students from Nepal should therefore avoid making important decisions about university transfer, change of major or program, change of educational level, OPT, STEM OPT or other F-1 matters based only on information published before the September 14 court order.
This update is relevant both to Nepali students planning to study in the USA and to current Nepali F-1 students already at U.S. colleges and universities. For individual immigration situations, students should consult their university’s Designated School Official (DSO) or an appropriately qualified immigration professional.
What happens next?
The September 14 order is part of an ongoing federal lawsuit. The preliminary relief prevents the final rule from being implemented while the litigation continues, pending further order of the court or resolution of the proceeding on the merits.
A status conference is scheduled for October 2, 2026 in the U.S. District Court for the District of Massachusetts. A status conference is part of the continuing court process and should not be interpreted as a date on which a final decision will necessarily be issued.
Further legal steps may follow as the case progresses. At this stage, students should not assume or predict whether the DHS rule will ultimately take effect, be modified, remain blocked or be affected by further proceedings. The appropriate approach is to follow verified updates and the regulations actually in effect at the time.
A message to students
Changes in U.S. immigration policy can create confusion, particularly when a major regulation is published and then affected by court proceedings immediately before its scheduled implementation. The most useful approach is to focus on what rules are actually in effect now.
As of 20 September 2026, the longstanding Duration of Status (D/S) framework remains in place for F-1 students. The DHS final rule scheduled to take effect on 15 September 2026 has been blocked from implementation by the federal court while the case continues. Regardless of the litigation, F-1 students must continue to follow the existing requirements for maintaining lawful student status, including requirements relating to enrollment, SEVIS records, authorized employment and other F-1 regulations.
As Nepal’s first AIRC-certified and ICEF-screened education consultancy, Edwise Foundation has guided Nepali students to the USA since 2005, and we will keep following reliable sources for developments on F-1 visa rules, Duration of Status, OPT and STEM OPT, F-1 transfers and other U.S. immigration updates. For the full picture of studying in the USA, requirements and intakes, see our complete guide to study in the USA from Nepal.
Book a free consultation with our US team for guidance based on the rules actually in effect today — not outdated headlines.
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References and further reading
- U.S. Federal Register — DHS Final Rule (Document 2026-14439; 91 FR 44976; July 17, 2026)
- NAFSA — Nationwide Preliminary Relief in Duration of Status Lawsuit (Sept 14, 2026)
- NAFSA — Duration of Status rule analysis and litigation updates
- Presidents’ Alliance — Plaintiffs’ Statement on Nationwide Preliminary Relief
Last updated 20 September 2026. This article is intended for general informational purposes only and should not be considered legal advice. Because this rule is subject to ongoing litigation, its status can change through further court orders or appeals — verify current requirements before making any F-1 decision or travelling.
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