09/15/2026
๐ข Important Update for International Students: D/S, OPT, Transfers, and Grace Period
On September 14, 2026, U.S. District Judge F. Dennis Saylor IV issued nationwide preliminary relief postponing the DHS fixed-period-of-admission rule that was scheduled to take effect on September 15, 2026.
Because the entire rule has been blocked while the lawsuit continues, the longstanding Duration of Status framework remains in effect nationwide. Read the federal courtโs order
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1. Duration of Status (D/S) remains in effect
Eligible F-1 students may continue to remain in the United States for the duration of their academic program and authorized practical training, provided they properly maintain F-1 status.
D/S does not permit an unlimited stay. Students must continue following all academic, employment, SEVIS-reporting, and status-maintenance requirements.
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2. Current OPT authorization continues
The blocked rule does not shorten or cancel a studentโs existing OPT or STEM OPT authorization.
Students must still comply with:
The expiration date printed on their EAD
Permitted employment requirements
Unemployment limits
Address and employment reporting requirements
All other F-1 and SEVIS obligations
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3. STEM OPT extensions remain available
Eligible students may continue applying under the existing STEM OPT process:
Form I-765 may generally be filed up to 90 days before the current post-completion OPT expires.
USCIS must receive the application within 60 days after the DSO enters the STEM OPT recommendation in SEVIS.
USCIS must also receive it before the current OPT authorization expires.
The employer and student must satisfy all STEM OPT requirements, including Form I-983 and E-Verify participation.
There is no single deadline applicable to every student. Each studentโs filing window depends on their individual OPT dates.
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4. University transfers remain possible
F-1 students may continue transferring between SEVP-certified schools under the existing rules.
Generally, the student must:
Obtain admission to the new SEVP-certified school
Coordinate the SEVIS transfer with the current and new DSOs
Receive an updated Form I-20
Begin the new program within the applicable transfer timeline
Continue maintaining valid F-1 status
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5. Program and degree-level changes remain possible
Eligible students may continue changing their major, academic program, or educational levelโsuch as moving from a masterโs program to a Ph.D.โsubject to admission, university approval, and proper SEVIS/Form I-20 updates.
These changes are not automatic and must be coordinated with the schoolโs DSO.
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6. No additional Form I-539 solely for routine academic changes
A student who is already maintaining valid F-1 status generally does not need to file Form I-539 solely because of:
A properly completed SEVIS school transfer
A university-approved major or program change
A change to a higher educational level
A STEM OPT extension application
A STEM OPT extension normally requires Form I-765โnot Form I-539. Form I-539 may still be required in separate circumstances, such as requesting reinstatement or changing from another nonimmigrant status to F-1.
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7. The existing 60-day F-1 grace period remains
The blocked rule would have reduced the standard F-1 post-completion grace period from 60 days to 30 days. Because the rule has been postponed, eligible F-1 students generally continue to receive a 60-day grace period after completing their program or authorized post-completion OPT.
The grace period does not authorize employment. During this period, an eligible student may generally prepare to depart, transfer schools, begin a new educational level, or timely apply for another qualifying immigration status.
โ ๏ธ Important Notice
This is a temporary nationwide court orderโnot a final cancellation of the DHS rule. The litigation remains ongoing, and the government may appeal or seek additional court action. The plaintiffs confirm that D/S remains in place nationwide while the case continues.
Before transferring schools, ending a program, traveling internationally, or filing an immigration application, students should confirm their individual deadlines and eligibility with their DSO or a qualified immigration attorney.
This information is provided for general educational purposes and does not constitute legal advice.
