International students received a major immigration development September 14 when a federal judge postponed implementation of DHS’s rule that would have replaced Duration of Status (D/S) with fixed admission periods for F, J and I nonimmigrants. Because the court acted one day before the rule’s planned September 15 effective date, the existing D/S framework remains in effect for now.
For Indian F-1 students, that means the fixed-period system did not take effect September 15.
What was DHS trying to change?
DHS’s July final rule would replace indefinite D/S admission with fixed periods tied to program length and subject to a maximum period in many circumstances. The rule also contained extension-of-stay procedures, transition provisions and changes affecting academic mobility and OPT-related timelines. Without court intervention, it was scheduled to become effective September 15.
The court’s order says the postponement applies while the case proceeds, preventing DHS from implementing the rule for now. The judge did not permanently vacate the regulation or issue a final judgment resolving every claim.
What rules apply to F-1 students now?
The existing D/S system continues. Students admitted for D/S generally remain authorized for the duration of their qualifying program and related authorized activity as long as they maintain status, rather than having the new fixed admission date that the blocked rule would have introduced. The injunction also means students are not presently subject to the blocked rule’s new extension system or academic-mobility restrictions.
What about OPT?
Existing OPT/STEM OPT rules remain operative rather than the new provisions associated with the blocked D/S regulation. Students should nevertheless continue complying with all existing SEVIS, employment, reporting and unemployment requirements. An injunction against the new rule is not permission to disregard existing F-1 obligations.
What should Indian students do?
Students should check their Form I-20, passport, visa where travel is planned, I-94 and SEVIS status and continue following current university international-office guidance. Students who had begun preparing an I-539 solely because they expected the fixed-admission system to start September 15 should obtain current advice before filing.
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