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The US Tried to Put an Expiry Date on Student Visas. A Court Has Paused It. Here's What You Need to Know.

Sep 29
7 min read

Updated: Oct 9

Last updated: 9 October 2026. This is a live legal situation and we will update this post as the case moves.


The short version: In July 2026, the US government published a rule that would end "duration of status" for F-1 students and J-1 exchange visitors and replace it with a fixed stay of up to four years. It was due to take effect on 15 September 2026. On 14 September, a federal court in Massachusetts blocked it nationwide. Right now, nothing has changed for students. But the rule has not been cancelled. The government has appealed, and the rule could return if it wins. If you are planning a US degree, you should understand both what is true today and what could be true next year.

What is "duration of status"?


For more than 45 years, F-1 students have been admitted to the US for ‘duration of status’ (since 1979), and J-1 exchange visitors since 1985. It is shown as D/S on the I-94 arrival record. It means there is no fixed end date on your stay. You can remain in the US for as long as you are enrolled, making normal progress in your programme and following the terms of your visa, plus a grace period after you finish.


This flexibility matters. If your research takes an extra semester, if you add a minor, or if you move from a bachelor's straight into a master's, D/S lets that happen without a separate government application.


What the new rule would change


The Department of Homeland Security (DHS) published the final rule in the Federal Register on 17 July 2026. If it takes effect, it would:


  • Replace D/S with a fixed end date. Students would be admitted only until the programme end date on their Form I-20 (or DS-2019 for J-1), up to a maximum of four years, with a 30-day window to arrive and a 30-day window to depart.

  • Cut the post-study grace period in half. The time F-1 students get after graduation to leave, transfer or change status would fall from 60 days to 30 days.

  • Require an extension application to stay longer. Anyone who needs more time than their admission allows would have to file Form I-539 with US Citizenship and Immigration Services (USCIS) before their "admit until" date expires, attend a biometrics appointment and show they still qualify.

  • Restrict academic changes. Graduate F-1 students would generally not be able to change their educational objective during their programme, and there would be new limits on transfers and additional programmes of study.

  • Apply to current students too. Students already in the US on D/S would move to the new system under transition rules, with DHS stating their stay would be capped at four years from the rule's effective date.


One exception worth knowing: students with a timely filed H-1B petition who qualify for "cap-gap" would not need to file an extension.


What happened in court


On 18 August 2026, a coalition led by NAFSA (the Association of International Educators) and the Presidents' Alliance on Higher Education and Immigration, together with several unions, sued DHS in the US District Court for the District of Massachusetts. They argued the government had not properly justified the rule, weighed its costs or responded to public comments.


On 14 September 2026, one day before the rule was due to start, Judge F. Dennis Saylor IV issued a nationwide preliminary injunction, postponing the rule while the case continues. The court found the government's justification for the rule was likely arbitrary and capricious.


On 30 September 2026, the government filed an appeal with the US Court of Appeals for the First Circuit. At a status conference on 2 October, it said it would ask the appeals court to speed up the case and said it wants to pause proceedings in the district court. The appeal does not put the rule into effect. The injunction remains in place nationwide.


What this means today:

  • F-1 and J-1 students are still admitted for duration of status.

  • The 60-day post-study grace period for F-1 students still applies.

  • You do not need to file an extension of stay under the new system.

  • The new limits on changing programmes and transferring are not in force.

The government's appeal does not change any of this. These points stay true unless a court lifts or overturns the injunction.


What happens next: The injunction is temporary. It is not a final decision. The government has now appealed to the First Circuit Court of Appeals and plans to ask for a faster timetable, while the students' side has asked the district court to move quickly to a final judgment. Both sides filed their positions with the court on 9 October 2026, and the judge has not yet decided how the case will proceed. If the appeals court lifts or overturns the injunction, the rule could take effect, possibly with little notice.


Why this matters so much to Indian students


India is now the largest source of international students in the US, with 363,019 Indian students in 2024/25 according to the Open Doors 2025 report by the Institute of International Education. Any change to how long students can stay affects Indian families more than almost anyone else.


If the rule returns, the students most exposed are those whose plans run past four years or depend on flexibility:

  • PhD students, since many doctoral programmes run beyond four years.

  • Integrated or accelerated bachelor's plus master's pathways, where the combined programme exceeds four years.

  • Five-year degrees and programmes with built-in co-op or placement years.

  • Anyone whose degree takes longer than planned, because of a change of major, a lighter semester or a research delay.


For each of these students, an extension application would mean added cost, another biometrics appointment, waiting time and, most importantly, the risk of a refusal partway through a degree.


A separate change you should not confuse with this one


You may have seen claims that this rule also requires students to disclose five years of social media history. That is a different, existing requirement from the US Department of State, not part of the duration of status rule.


Since 2019, most US visa applicants have had to list the social media identifiers they used in the previous five years on the DS-160 form. Since June 2025, F, M and J applicants have also been asked to set their profiles to public so consular officers can review them. This applies to your visa application now, regardless of what happens in court. Review your accounts, make sure your education and work details match your application, and never share a password with anyone claiming it is required.


Another proposal to watch: OPT fees

On October 8 2026, DHS proposed a new fee on Optional Practical Training (OPT). Under the proposal, universities would pay $70,000 for each F-1 student they recommend for initial OPT and $30,000 for any later OPT, and could pass those costs on to students or employers. This is only a proposal. It is not in force and is separate from the duration of status rule and the court case. Public comments are open until 9 November 2026. We will cover it in a separate post.


What we recommend you do now


If you are already studying in the US:

  1. Check your I-94. It should show "D/S". If it shows a specific date, speak to your Designated School Official (DSO) right away.

  2. Keep your I-20 accurate. Make sure your programme end date reflects when you will actually finish, and request an extension through your DSO before it runs out, as you would today.

  3. Think carefully before travelling. While the injunction stands, re-entry should still be on D/S. If the court order changes, anyone entering afterwards would likely receive a fixed end date. Check the latest position before you book.

  4. Follow your university's international office. They are tracking the case closely and will issue guidance specific to your institution.


If you are applying for 2027 or later:

  1. Do not drop the US from your list. Duration of status is the law today, and the US remains the world's leading study destination.

  2. Plan your timeline realistically. If your intended programme runs longer than four years, factor in the possibility of one extension application, including cost and timing.

  3. Prioritise programmes with strong international student support. An experienced international office matters more when the rules are shifting.

  4. Keep a second-country option. A balanced shortlist across the US, UK and other destinations protects you from policy changes in any single country.


Frequently asked questions


Is the F-1 four-year limit in effect?

No. A federal court blocked the rule on 14 September 2026, the day before it was due to start. It stays blocked while the government's appeal is heard, unless a court lifts or overturns the injunction.


Is the F-1 grace period still 60 days?

Yes. F-1 students still have 60 days after finishing their programme to leave the US, transfer or change status.


Do I need to file Form I-539 to extend my stay?

No. Students are still admitted for duration of status, so no extension application to USCIS is needed. Keep your I-20 up to date through your DSO as usual.


Will the rule apply to students already in the US?

If it ever takes effect, yes. The rule includes transition rules for current students, with DHS stating their stay would be capped at four years from the effective date.


Should Indian students still apply to US universities for 2027?

Yes. Duration of status is the law today. Plan realistically if your programme runs longer than four years, and keep a second-country option on your shortlist.


The bottom line


The US government has made its intention clear: it wants a fixed limit on how long students can stay. A court has stopped that for now, but the final outcome is not yet decided. The right response is not panic, and it is not complacency. It is planning with both scenarios in mind.


Unsure how this affects your plans? Our counsellors at PNK Foreign Study have guided students into US universities since 1981. Book a consultation with our team and we will walk you through your timeline, programme choices and options.


This article is for general information and is not legal advice. Immigration rules can change quickly. For decisions about your own status, speak to your university's international student office or a qualified US immigration attorney.


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