DHS D/S Final Rule Blocked: What Changes for F-1 Students?
The DHS D/S Final Rule did not take effect on September 15, 2026 as originally scheduled.
A federal judge blocked the rule just one day before its effective date. For now, F-1 students can continue under the current Duration of Status (D/S) framework, and the major changes planned under the new rule are not in effect. So, what does this mean for F-1 students now? In this update, we’ll explain what the court decided, which D/S changes are currently blocked, what could happen next, and which late-2026 Day-1 CPT options are still available.
What Happened on September 14?
The September 14 court order provided two important steps to block the DHS D/S Final Rule:
- Preliminary injunction: The court blocked DHS and ICE from enforcing or implementing the Final Rule while the lawsuit continues.
- Postponement of the effective date: The court separately postponed the rule’s September 15 effective date under the Administrative Procedure Act (APA).
This distinction is important. The September 14 decision is not a short-term Temporary Restraining Order (TRO) that automatically expires after a few days. The preliminary injunction can remain in place while the lawsuit continues.
The case itself is also still ongoing, and it is unclear how long the current court order will remain in place. The court has not issued a final ruling on whether the D/S Final Rule is ultimately lawful.
💡 Key Point: The rule is currently blocked, not permanently canceled. For now, DHS cannot implement the new fixed-period admission system while the court order remains in effect. We’ll continue following the case and share updates if the court makes a new decision.
For the full lawsuit background and the September 3 hearing, see our previous guide, DHS D/S Lawsuit Update: Will the Rule Take Effect Sept. 15?
Why Did the Court Block the DHS D/S Final Rule?
According to the court’s September 14 Memorandum and Order, Judge Saylor found that the groups challenging the rule were likely to succeed in showing that DHS violated the Administrative Procedure Act (APA).
Several issues played an important role in the court’s decision.
DHS Did Not Fully Explain Why Such a Major Change Was Necessary
One of the court’s concerns was whether DHS had provided enough justification for replacing the long-standing D/S system with a fixed admission period.
The court questioned whether DHS had adequately considered the costs and burdens created by the new system, as well as less burdensome alternatives that could have addressed the government’s concerns without completely replacing D/S.
This was also one of the central arguments raised in the lawsuit: that DHS had not adequately assessed the rule’s costs and benefits or considered less burdensome alternatives.
DHS Did Not Seriously Consider Other Options
The court also found that DHS did not meaningfully consider less burdensome alternatives.
For example, commenters suggested more targeted ways to address fraud or national security concerns instead of replacing the entire D/S system for millions of students and other visa holders. According to the court, DHS did not adequately explain why those alternatives would not work.
DHS Did Not Adequately Respond to Public Comments
The D/S Final Rule received around 22,000 public comments, many of them raising concerns about how the rule would affect students, universities, researchers, and the U.S. economy.
Judge Saylor also pointed out that DHS provided only a 32-day public comment period, which he described as unusually short. The court found that DHS did not meaningfully respond to several significant concerns raised during that process.
The Court Questioned DHS’s National Security Justification
DHS argued that the new fixed-period system would help address issues such as national security, fraud, and visa overstays. But the court found that DHS did not show a strong enough connection between those concerns and the changes introduced by the Final Rule.
Judge Saylor was particularly critical of the national security argument, writing that the government’s claim that the rule was necessary to protect national security “borders on the absurd.” The court noted that DHS relied on only a small number of examples and did not adequately explain how replacing D/S with a fixed admission period would have prevented them.
Source: Memorandum and Order – Page 7
💡 Pro Tip: The court has not made a final decision that the D/S Final Rule is unlawful. But according to the Memorandum and Order, the judge found serious enough problems with how DHS developed and justified the rule to block it while the lawsuit continues.
What Happens Next After the D/S Final Rule Is Blocked?
For now, the current D/S framework remains in place, but the lawsuit is not over yet.
The federal government could appeal the September 14 decision, and the court could issue additional orders as the case moves forward. Depending on what happens next, the status of the D/S Final Rule could change again.
For F-1 students, there is no need to make immediate changes based on the blocked rule. Continue following the current F-1 requirements and keep an eye on future updates, especially if you are planning international travel, transferring schools, or starting a new program later this year.
The next scheduled step is a status conference on October 2, 2026. A status conference is essentially a meeting between the court and the parties to discuss how the case will move forward, including the next procedural steps and timeline.
The September 14 order states that the Final Rule’s effective date is postponed “pending further order of this court or resolution of this proceeding on the merits.” In other words, there is currently no new effective date for the D/S Final Rule.
We’ll continue following the case and update this guide if there are any major changes.
What Does the D/S Rule Block Mean for F-1 Students?
For F-1 students, the biggest change is simple: you do not need to follow the new fixed-period admission for now.
The current Duration of Status (D/S) framework remains in place, which means F-1 students can continue to stay in the U.S. for the duration of their academic program as long as they properly maintain their status.
Do I Still Need to File EOS?
No, not under the blocked D/S Final Rule. The new Extension of Stay (EOS) requirement did not take effect on September 15.
Under the DHS D/S Final Rule, F-1 students would have been admitted for a fixed period of time and may have needed to file an EOS if they needed additional time to complete their program. Since the rule is currently blocked, students can continue under the existing D/S framework.
The other major changes planned under the DHS D/S Final Rule are also not currently in effect:
| Under the Final Rule | Current Status |
|---|---|
| Fixed admission period of up to 4 years | Not in effect, the current D/S framework continues |
| Extension of Stay (EOS) filing for students who need additional time | Not required |
| 30-day grace period after program completion | Not in effect, the current F-1 60-day grace period rules continue |
| New restrictions on changing programs or transferring schools | Not in effect |
| New OPT filing timelines under the Final Rule | Not in effect |
Can I Still Enroll in a Day-1 CPT Program?
Yes. Day-1 CPT programs are still available, and the blocked D/S Final Rule does not prevent eligible F-1 students from enrolling in a Day-1 CPT program. If you were considering a Day-1 CPT program but hesitated because you were worried about the new fixed admission period or EOS requirement, those new requirements are not currently in effect.
Contact us if you are not sure which Day-1 CPT university fits your situation!
Can I Travel Internationally Now?
The blocked D/S rule itself does not prevent F-1 students from traveling internationally under the current F-1 travel and reentry framework.
Some students returned to the U.S. before September 15 because they were concerned that leaving and reentering after the Final Rule took effect could subject them to the new fixed admission period. Since the rule was blocked before taking effect, that new reentry framework is not currently in effect.
So, if you are planning international travel later this year, you do not need to change your plans solely because of the blocked D/S rule. However, the lawsuit is still ongoing, and the situation could change if there is a new court order or appeal. If you plan to travel later this year, check the latest D/S updates before leaving the U.S.
You still need to maintain valid F-1 status and meet your school’s academic and attendance requirements. If you are currently enrolled in a Day-1 CPT university, make sure your travel does not conflict with required classes, onsite sessions, or other academic requirements. Before traveling, you should also make sure you have the documents normally required for F-1 reentry, including a valid travel signature on your Form I-20.
For a more detailed travel checklist for Day-1 CPT students, check out our previous guide, Holiday Travel on Day-1 CPT: Renewal & Travel Signature Guide.
How Does the D/S Rule Block Affect Your Day-1 CPT Planning?
The blocked D/S Final Rule does not prevent eligible F-1 students from enrolling in a Day-1 CPT program. The new fixed admission period, EOS requirement, and proposed restrictions on pursuing another program at the same educational level are not currently in effect.
If you were considering Day-1 CPT because you were worried about the September 15 deadline, you may now have more time to evaluate your options. Whether you should apply now depends largely on when your current status or work authorization expires.
If Your Status Is Expiring Soon
If your OPT or STEM OPT is approaching expiration, your J-1 program is ending, or you recently lost an H-1B or L-1 job and are within an applicable grace period, your timeline may be much tighter.
Applying to a school, receiving an I-20, completing a SEVIS transfer or other appropriate status transition, and obtaining CPT authorization can all take time. Waiting too long could leave you with fewer Day-1 CPT school options or create a gap in your ability to work.
If you are currently on OPT or STEM OPT, check out our OPT to Day-1 CPT Timeline to see when you should start preparing and how the transition works.
If Your Status Expires Before the Next H-1B Cycle Is Complete
If your OPT or STEM OPT expires later this year or in early 2027, you may not need to apply immediately, but now is a good time to start planning. You can begin comparing schools, programs, tuition, onsite requirements, and application timelines so that you have enough time to make a decision before your current status expires. Contact us for a free consultation and personalized school recommendations!
If Your Current Status Gives You Plenty of Time
If your OPT or STEM OPT still gives you enough time to cover the next H-1B registration and selection period, you may not need to start another Day-1 CPT program immediately. You can use this time to evaluate your options and decide what to do after the next H-1B selection results are available.
Late 2026 Day-1 CPT Intake Options
Several Day-1 CPT universities still have upcoming intake dates before the end of the year. These are also some of the last available Day-1 CPT intake windows for 2026, as many universities will not have another start date until January 2027.
If you are hoping to start a new Day-1 CPT program before the end of the year, here are some upcoming options:
- West Coast Day-1 CPT Universities:
Horizon University – October 1
Humphreys University – October 5 (CPT may begin as early as September 5)
Westcliff University – October 26
Avila University Arizona – October 26
- Midwest Day-1 CPT Universities:
Indiana Wesleyan University – October 19 (Only Master’s)
Ottawa University – October 19
Texas Wesleyan University – October 19
- East Coast Day-1 CPT Universities:
Harrisburg University – October 24
Trine University – October 26
New England College – November 9
See our Full List of Day-1 CPT Schools in the U.S. for additional universities, programs, tuition, and onsite requirements.
If you are unsure which Day-1 CPT option fits your background, current job, location, and status timeline, feel free to contact us for personalized school recommendations and free application support.
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