A final DHS rule from July 2026 would change how long F-1 students may stay in the United States. If you are on OPT, you may have read about it and started planning for new forms and shorter deadlines. Then, one day before the rule's start date, a federal court put it on hold.

This post sorts out what is on paper and what is actually in force. We wrote it in early November 2026. Court cases move, so check the latest before you act.

The short answer

  • The rule would replace duration of status with a fixed end date for F-1 students.
  • Its stated effective date was September 15, 2026.
  • One day earlier, on September 14, 2026, the federal district court in Massachusetts postponed that date. It also barred DHS and ICE from taking further steps to put the rule in place, until the court orders otherwise or the case is decided.
  • DHS has appealed. The case is still open.

Some terms first:

  • Duration of status (D/S): today, an F-1 student's I-94 usually shows "D/S" instead of a date. There is no set end date, as long as you keep to the F-1 rules.
  • I-94: the record of your arrival and how long you may stay.
  • Extension of stay (EOS): a request to USCIS for more time in your status. For F-1 students under the new rule, this is Form I-539.
  • EAD: the work card USCIS issues for OPT.

What the rule would do if it takes effect

The final rule, printed at page 44976 of volume 91 of the Federal Register, makes many changes. These are the ones that touch people on OPT most:

  1. A date on the I-94. An F-1 admission would match the program's length, capped at 4 years.
  2. A shorter wind-down. The time to leave the U.S. or move to another status after finishing studies or post-completion practical training would drop from 60 days to 30 days.
  3. An extension for post-completion OPT. In DHS's words, people heading into post-completion OPT or STEM OPT would "most likely" have to get an EOS from USCIS, unless they travel abroad and come back in with an I-20 that shows the OPT recommendation. Students may file the EOS and the OPT work permit request together.
  4. No start until both are approved. DHS says that if your stay ends when your program ends, you can be in an authorized period while the EOS is pending, but you may not start new OPT work until both the EOS and the EAD are approved. Transition relief is an exception, as is time left on pre-completion OPT.
  5. STEM OPT keeps one cushion. DHS says the current 180-day rule stays as it is. That is the rule that lets a person with a timely, pending STEM OPT application keep working for as long as 180 days past the old EAD's end date.

The transition plan written into the rule

The rule also has a transition section for people who were in D/S and keeping their status on September 15, 2026. In short:

  • They could stay until the later of their EAD end date or their I-20 program end date, with an outer limit of November 14, 2030 for F students. The cap is the 4-year mark after September 15, 2026, with 60 more days added.
  • An on-time OPT or STEM OPT work permit request (Form I-765), sent no later than March 18, 2027, would not need a separate I-539.
  • Someone who left the U.S. before filing for OPT or STEM OPT and came back with a fixed admission date would have to file two forms: an I-765 plus an I-539.
  • DHS kept the option to push the March 18, 2027 date out in 6-month steps with a Federal Register notice.

All of this is only on paper while the court order stands.

What the court did

The case number is 1:26-cv-13799-FDS in federal district court in Massachusetts. The lead plaintiff is a higher-education group called the Presidents' Alliance, and DHS is the lead defendant.

The court's order of September 14, 2026:

  • postponed the rule's effective date under section 705 of the Administrative Procedure Act, pending further order or a final decision on the merits, and
  • issued a preliminary injunction (a court block) that stops DHS and ICE from doing anything more to carry out the rule.

The same order did not grant everything the challengers asked for. It denied, for now, their request to vacate (cancel) the rule outright.

A later DHS court filing, dated October 9, 2026, states that DHS appealed to the First Circuit on September 30, 2026.

Both sides have since asked the judge to decide the case on the written record (DHS motion, challengers' motion).

One trap: the online regulations

We downloaded sections 214.1 and 214.2 of Title 8 from the eCFR, the government's online version of the regulations, for November 2, 2026. That version already shows the new wording, including the 30-day departure period and the March 18, 2027 transition date. If you search the eCFR, you may land on rule text that the court has paused. Read it together with the court order, and ask your DSO which version your school is following. Some agency pages, like Study in the States' rule summary, also still describe the rule as if it were in force.

What we would keep doing right now

  • Keep following the rules in force before the rule. USCIS says that, until the court order is lifted, it 'will proceed under the previous regulatory provisions.' Today that means the 60-day period after OPT ends.
  • Use the normal STEM OPT timing. USCIS gives a 90-day window that closes when the OPT card you have now expires. Your filing also has to reach USCIS inside 60 days from the DSO's SEVIS recommendation.
  • Ask before you travel. If the rule later takes effect, re-entry is one of the points where the transition rules change. Talk to your DSO before booking a trip.
  • Watch for an update. The court could rule on the merits, or the appeal could change things. Your school's international office and the Federal Register are good places to watch.

Please read this part

PIXEL RECRUITING LLC is sharing what public court and federal records say, in simpler words. This is not legal advice, and it may be out of date by the time you read it. An immigration attorney or your DSO can tell you how the current state of the case affects you.

Sources

At PIXEL RECRUITING LLC we match frontend and UI developers with employers, and some of those developers hold F-1 work permission through OPT or STEM OPT. We keep an eye on court cases like this one so they do not surprise the candidates we work with. We are a direct staffing partner for Mastercard in O'Fallon, MO. Visit pixelrecruiting.com to work with us.