US Court Delays New D/S Rule for F-1 Students

D/S Rule Effective Date Postponed: What F1 Students Should Know?

A US federal court has postponed the effective date of the Department of Homeland Security’s rule that would replace Duration of Status (D/S) for F-1 students and other affected nonimmigrants with fixed admission periods.

The rule was scheduled to take effect on September 15, 2026. The court’s September 14 order pauses its implementation while the legal challenge continues. Importantly, the court has not cancelled or permanently invalidated the rule.

What Did the Court Decide About the New F-1 Student Visa Rule?

The US District Court for the District of Massachusetts granted relief under Section 705 of the Administrative Procedure Act, postponing the rule’s effective date.

The court denied requests for vacatur and summary judgment without prejudice, meaning those requests can potentially be renewed as the litigation continues.

The immediate impact is that the planned September 15 transition will not proceed as scheduled.

How Would the Four-Year F-1 Visa Rule Change Student Status?

The DHS rule would replace the existing D/S framework with specified admission periods and extension-of-stay procedures for affected F, J and I nonimmigrants.

Under the current Duration of Status system, eligible students can generally remain in the US while maintaining the requirements of their programme and immigration status. The proposed framework would instead establish a fixed period of admission, with eligible individuals needing to seek an extension when additional time is required.

This could be particularly relevant for students whose studies, training or other authorised activities extend beyond their initial admission period.

What Does the Postponement Mean for F-1 Students?

For now, the court’s action interrupts the planned transition and gives students and institutions more time while the legal case continues.

Affected students should:

• Continue maintaining their required course of study and F-1 status.
• Keep school and immigration records updated.
• Follow employment restrictions that apply to their current status.
• Coordinate with their designated school official before taking action based specifically on the postponed rule.
• Avoid assuming that the postponement automatically extends an expired status or employment authorization.

The postponement could provide additional certainty for Indian students planning longer academic programmes or future pathways such as F1 to H1B visa or F1 student visa to Green Card.

What Happens Next in the D/S Student Visa Case?

The court has scheduled an in-person status conference for October 2, 2026. However, that date is not an expiration date for the postponement or a date when the rule will automatically take effect. Further court orders, appeals and DHS guidance could determine what happens next.

For international students tracking F1 visa processing time, the latest development means the September 15 implementation deadline has been postponed, but uncertainty around the proposed new F-1 student visa rule remains.

Students should therefore rely on current agency instructions and their designated school officials before making filing, employment or travel decisions.

For more information on the Duration of Status for F-1 students and the latest developments, stay connected with Smart Immigrant.

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