New F-1 Rules for 2026: End of Duration of Status, the Court Injunction, and B-2 to F-1 Change of Status

The new F-1 rules for 2026 have formally been adopted but are not yet in effect. DHS published its final rule ending duration of status on July 17, 2026, with an effective date of September 15. However, on September 14 a federal court in Massachusetts blocked it nationwide, so as of October 16, 2026, F-1 students are still admitted for D/S, and the post-completion grace period remains 60 days.

In short:

• Rule FR 2026-14439 replaces D/S with a fixed admission date: a maximum of 4 years, up to 24 months for ESL programs, and a 30-day grace period instead of 60.
• On September 14, 2026, Judge F. Dennis Saylor IV (D. Mass.) issued a nationwide preliminary injunction. While it is in place, the prior rules apply.
• On September 30, 2026, the government appealed to the U.S. Court of Appeals for the First Circuit. As of October 16 there is no ruling on the appeal, but the rule could take effect quickly and with little warning.
• A change of status from B-2 to F-1 is still possible, but USCIS is scrutinizing "preconceived intent" more strictly.
• Since August 3, 2026, B-1/B-2 applicants from Kyrgyzstan, Tajikistan, and Turkmenistan may be required to post a visa bond of up to $20,000. Kazakhstan and Uzbekistan are not covered by the rule.

What duration of status is and what replaces it

Duration of status (D/S) is the system under which an F-1 student is admitted to the U.S. not until a specific date, but for the entire period of study. Instead of a date, the I-94 shows a "D/S" notation. The student remains in status as long as they pursue the program listed on the I-20 and follow the rules. There is no need to extend the stay through USCIS; the school (the DSO) extends the program in SEVIS.

The new rule ends this system for F, J, and I (foreign media representatives) nonimmigrants. Instead of D/S, a student receives a fixed admission date: for the length of the program, but no more than 4 years, plus a grace period. The 4-year cap applies to each admission and is tied to the program end date. It is not an overall limit on total time studying in the U.S.

If studies take longer, the student must file Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS. Biometrics and additional vetting may be required.

Before and after: comparing the rules

Important: the rule has not been struck down — it has been put on hold. The court issued a preliminary injunction pending a decision on the merits. If the appeals court lifts the injunction, the rule could take effect soon afterward.

Why the new F-1 rules are not in effect yet

The lawsuit (Presidents' Alliance et al. v. DHS) was filed by a coalition of educational organizations and unions, including NAFSA and the Presidents' Alliance on Higher Education and Immigration. The plaintiffs allege violations of the Administrative Procedure Act. On September 14, 2026, one day before the rule was set to take effect, Judge F. Dennis Saylor IV found that the plaintiffs were likely to succeed on the merits. He blocked the rule nationwide.

The F and J rules that existed before the new rule was published are currently in effect. Students receive a D/S notation on the I-94 and continue to operate under the prior rules for travel, OPT applications, program changes, and extensions.

On September 30, 2026, the government appealed to the U.S. Court of Appeals for the First Circuit and said it would ask for expedited review. The appeal by itself does not lift the injunction. As of October 16, 2026, we found no reports of a ruling by the appeals court. Attorneys warn that the rule could be reinstated quickly and with little warning.

Meanwhile, the case continues in the district court. At a status conference on October 2, the government asked to pause proceedings while the appeal is pending, and the plaintiffs asked the court to move toward a final decision (summary judgment or a permanent injunction). Judge Saylor directed both sides to file a "roadmap" for next steps by October 9. A ruling on those proposals, and whether the government has asked the First Circuit to lift the injunction pending appeal, had not been confirmed as of publication (October 16, 2026).

Who the end of duration of status will affect: students in the U.S. and new students

The rule divides students into two groups: those who were already in the U.S. in D/S status on the effective date, and those who enter afterward. If the rule takes effect, the effective date may change. The transition provisions described below are taken from the text of the rule as published on July 17, 2026.

Students already in the U.S.

• If you continue the program listed on your I-20, you do not need a new I-94 right away.
• You are allowed to stay until the later of two dates: the program end date on your I-20 or the end date of your OPT EAD. But no longer than 4 years from the rule's effective date.
• F-1 students in this group keep the 60-day grace period. If you leave and return, or file for an extension, the new 30-day period will apply.
• Students on STEM OPT who filed for an extension on time keep the 180-day automatic extension of work authorization.
• If you timely filed for OPT or STEM OPT no later than March 18, 2027, a separate I-539 is not required. This exemption is lost if, before filing, you departed and re-entered with a fixed admission period. In that case, both an I-765 and an I-539 are required.

New students and those who leave and return

A student who enters or returns to the U.S. after the rule takes effect will receive a fixed date on the I-94 and a 30-day grace period. So even a short trip home over break could move you from D/S to the new system.

Example (hypothetical): a student from Uzbekistan is pursuing a bachelor's degree in New York and was admitted for D/S. If the rule takes effect and she stays in the U.S., the transition provisions will apply to her. If she goes home for winter break, she will receive a fixed admission date when she returns. After graduation she will have a 30-day grace period instead of 60.

Extending F-1 through Form I-539: how it will work

If the rule takes effect, F-1 extensions will be possible only through USCIS. The school will no longer be able to simply move the date in SEVIS. To extend F-1 through Form I-539, you will need a valid I-20 indicating that more time is required. The reason must be documented: compelling academic reasons, illness, or circumstances beyond the student's control. The same requirements apply to dependents (F-2).

It is critical to file before the date on your I-94 expires. Under the rule, unlawful presence begins to accrue immediately after the admission period ends if an extension is not filed on time. Accruing 180 days or more triggers a 3-year bar on re-entry upon departure. One year or more triggers a 10-year bar.

Important: I-539 processing times and fees for student extensions under the rule have not been confirmed by us as of publication (October 16, 2026). Plan your filing with a margin and check uscis.gov.

Language school in the U.S.: the 24-month limit

For students in language programs (ESL), the rule introduces a separate limit of 24 months. Many students from Central Asia begin their studies in the U.S. at a language school, often after changing status from B-2 to F-1. For them, this is one of the most noticeable changes.

If the rule takes effect, extended English-only study in F-1 status will no longer be possible. After 24 months, the student will need to enroll in an academic program (community college, bachelor's) or leave. How the limit will be counted for those already enrolled in a language school on the effective date has not been confirmed by us as of publication (October 16, 2026). Check with your school's DSO.

Changing programs and transferring to another school

The rule restricts changes in educational objectives:

• Below graduate level (language courses, community college, bachelor's): in the first academic year, you cannot transfer to another school or change your program, major, or level of study. Only SEVP can grant an exception.
• Graduate level and above: changing your program or major is generally prohibited. Transferring to another school is possible in exceptional circumstances.
• After completing a program: you cannot enroll in a program at the same or a lower level. For example, you cannot get a second bachelor's after the first, or a second master's after the first. Only moving up to a higher level is allowed.

The last restriction especially affects those who were not selected in the H-1B lottery and enrolled in a second master's program with Day 1 CPT. One legal publication reports that some of the CPT restrictions are not covered by the court injunction. We had not confirmed this as of publication (October 16, 2026), so make any CPT decisions only after consulting your DSO and an immigration attorney.

Changing status from B-2 to F-1 in 2026: possible, but under close scrutiny

Changing status from B-2 to F-1 in 2026 is a lawful path. The new rule ending D/S does not prohibit it. But USCIS has become stricter in reviewing these applications. Since spring 2026, law firms have reported a rise in denials of change of status applications from B-2 (mainly "bridge" filings ahead of H-1B) on grounds of "preconceived intent"; the same argument applies to F-1 as well. The essence of the objection is that the person entered as a tourist while already intending to study and remain.

The stricter approach is not limited to change of status. On May 21, 2026, USCIS issued policy memorandum PM-602-0199, "Adjustment of Status and Discretion," on the discretionary review of green card applications. Among the factors the officer weighs is the applicant's intent at entry on F-1, J-1, and B-1/B-2 visas. The memo applies to green card applications (I-485), not to the change of status to F-1 itself. But it shows the general approach: the circumstances of entry are now examined more closely. This also matters for a student's future steps. DHS soon clarified that the memo does not impose a general requirement to depart the U.S.

Approvals still happen, however. We have compiled real examples of F-1 change of status approvals from our clients. Processing took from 49 to 224 days, with a median of about three months. Every case is individual, and the outcome is not guaranteed. But the process itself still works.

Important: in a B-2 to F-1 change of status, the entire history of the case is assessed: when and for what purpose you entered, when you decided to study, and how your studies are funded. Ready-made "templates" do not work here. Before filing, discuss your circumstances with an immigration attorney.

Learn more about the status itself on our F-1 student visa page.

Visa bonds for Kyrgyzstan, Tajikistan, and Turkmenistan

Many F-1 students first come to the U.S. on a tourist visa. That is why the visa bond rule matters. The final rule was published and took effect on August 3, 2026 (91 FR 48757, FR 2026-15726). For a B-1/B-2 visa applicant from a listed country, the consular officer may require a bond of $10,000, $15,000 (the standard amount), or $20,000.

The State Department maintains the current list of countries on travel.state.gov. Check it before applying for a visa, because the list may change. For citizens of Turkmenistan, immigrant visa issuance has also been suspended. Nonimmigrant visas, however, have been restored. Learn more in our article which countries face U.S. restrictions in 2026.

Social media vetting of students

Review of online activity has become part of the adjudication of immigration applications. Since April 9, 2025, USCIS has screened social media for signs of antisemitic activity and support for terrorism. Since August 19, 2025, "anti-American" ideology and activity are considered a negative discretionary factor. This applies to extensions and changes of status, among other benefits. The term "anti-American" is not defined by law, so interpretation is left to the officer.

Social media vetting of students is ongoing. Posts, comments, and reposts can affect a decision. It is wise to make sure in advance that your public profiles do not contradict the information in your applications: education, employment, travel.

What to do now

1. Check your I-94 on the CBP website. Make sure it shows "D/S," and save a copy.
2. Check the program end date on your I-20 and plan your studies with the possible 4-year limit in mind. For ESL programs, 24 months.
3. Think before leaving the U.S. If the rule takes effect, you will receive a fixed admission date and a 30-day grace period when you return.
4. Do not delay filing for OPT and STEM OPT. If the rule takes effect, a timely filed application will protect you from an extra I-539. The transition provisions specify the date March 18, 2027.
5. If you are planning a transfer or program change, discuss it with your DSO in advance. Especially if you are in your first year of study below graduate level.
6. If you are in B-2 status and want to study, assess the risks of a change of status with an immigration attorney before filing. Your enrollment timeline, finances, and purpose of entry must be explainable and supported by documents.
7. Citizens of Kyrgyzstan, Tajikistan, and Turkmenistan: when planning travel on a B-1/B-2 visa, budget for a possible bond of $10,000–$20,000.
8. Clean up your public profiles and make sure they do not contradict the information in your applications.
9. Follow news on the First Circuit case and announcements from your school. A ruling could change the rules on short notice.

How M&M can help

• Document preparation. We prepare change of status and extension packages (including the I-539) and make sure forms and evidence are consistent with each other.
• Work with partner attorneys. Legal risk assessment, including preconceived intent, is carried out by the licensed immigration attorneys we work with.
• Initial assessment. Take our free assessment or contact us. We will tell you which documents you will need in your situation.

Sources

• Federal Register: DHS final rule ending duration of status (FR 2026-14439)
• Federal Register: final rule on visa bonds (FR 2026-15726)
• USCIS: Policy Memorandum PM-602-0199, Adjustment of Status and Discretion
• Faegre Drinker: DHS Final Rule Ending Duration of Status
• McGuireWoods: Effective Date Postponed for DHS Final Rule
• ICEF Monitor: US court grants preliminary injunction
• Carnegie Mellon OIE: D/S Rule Postponed
• Presidents' Alliance: Duration of Status Litigation
• Duane Morris: The B-2 Bridge Is Collapsing
• HSF Kramer: USCIS to Consider Anti-American Activity
• Boston Globe: Judge asks litigants to submit a "roadmap" in student visa case (October 2, 2026)
• NAFSA: Legal Challenge to the Final Rule Ending Duration of Status

This article is for informational purposes only and does not constitute legal advice. M&M Document Preparation is not a law firm. Information is current as of October 16, 2026.