International students in the United States face an important court hearing on September 3, 2026, when a federal judge is scheduled to consider an effort to stop major new immigration rules for F-1 students and J-1 exchange visitors before they take effect.
The Department of Homeland Security rule is scheduled to begin September 15. It would replace the long-standing “duration of status,” or D/S, framework with fixed admission periods, affecting how students extend their stay, change programs, pursue additional degrees and navigate OPT or STEM OPT.
Why September 3 matters
NAFSA, the Presidents’ Alliance on Higher Education and Immigration, higher-education organizations and labor groups filed a lawsuit on August 18 challenging the DHS rule.
The case is before U.S. District Judge F. Dennis Saylor IV in Massachusetts. The government’s response to the request for preliminary relief is due August 31, with an in-person hearing scheduled for September 3 at 11 a.m.
The hearing does not itself change anyone’s immigration status. The key question is whether the judge will temporarily block the rule before September 15 while the broader lawsuit proceeds.
What changes for F-1 and J-1 visa holders?
Under D/S, eligible F-1 students and J-1 exchange visitors can generally remain while properly maintaining status and continuing their authorized program instead of receiving one fixed immigration expiration date.
The new framework would generally give F and J nonimmigrants a specific Admit Until Date on Form I-94. Their authorized stay would be tied to their program, subject to a maximum admission period that is generally four years.
The official DHS final rule published in the Federal Register is scheduled to take effect September 15 unless a court or other government action changes the timetable.
Does the four-year rule mean students must leave?
No. The four-year admission period is not a blanket four-year limit on earning a U.S. degree. Students who legitimately require additional time may seek an Extension of Stay (EOS) through USCIS, although approval is not automatic.
This could be particularly important for PhD candidates, researchers and students whose programs take longer than originally expected.
What happens to students already in the US?
Current students maintaining valid D/S status do not automatically become out of status on September 15. Transition provisions apply to qualifying F-1 and J-1 holders already in the country, with individual timelines depending on their program and immigration circumstances.
The changes arrive amid wider scrutiny of U.S. visa holders. Recent U.S. visa revocations affecting more than 175,000 visas have separately raised questions about continuing vetting, making it important for students to distinguish visa validity from lawful status inside the United States.
Travel after September 15 could matter
A student protected by D/S transition provisions may face a different situation after international travel. Someone who leaves the United States and seeks readmission under the new framework may receive a fixed I-94 expiration date rather than D/S.
Students planning overseas travel around the effective date should check their individual situation with their designated school official before leaving.
What happens to OPT and STEM OPT?
OPT and STEM OPT students also need to watch the transition rules. Qualifying F-1 students admitted under D/S who timely file for post-completion OPT or STEM OPT by March 18, 2027 receive special transition treatment under the rule.
Students who need immigration filings should also account for application costs. The 2026 USCIS premium-processing fee changes affect optional expedited processing associated with certain F-1, J-1 and OPT-related applications.
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Transfers, second degrees and grace periods
The rule goes beyond expiration dates. It introduces tighter restrictions on some university transfers and changes of educational objective. Graduate students face additional limitations, while students below graduate level can face restrictions on transfers or educational changes during their first academic year.
It also restricts F-1 students from completing a program and then pursuing another program at the same or a lower educational level, making the provision important for students considering a second master’s degree.
The new framework also reduces the standard F-1 post-completion departure period from 60 days to 30 days, although transition provisions can affect current D/S students.
Are J-1 students and dependents affected?
Yes. J-1 exchange visitors also move toward fixed admission periods. F-2 and J-2 dependents are affected because their authorized stay generally depends on the principal F-1 or J-1 holder’s status.
What happens after the September 3 hearing?
If Judge Saylor grants preliminary relief, implementation of some or all of the rule could be paused while litigation continues. The exact impact would depend on the wording of the court order.
If relief is denied and no subsequent court or government action intervenes, the rule remains scheduled to begin September 15. Filing the lawsuit alone has not stopped it.
What students should check now
F-1 and J-1 holders should review their I-94, I-20 or DS-2019, program completion date, passport, planned international travel and OPT/STEM OPT timeline. Students considering transfers, additional degrees or extensions should speak with their university’s international student adviser or designated school official before making decisions.
The dates to watch are August 31 for the government’s court response, September 3 for the hearing, September 15 for the scheduled rule implementation and March 18, 2027 for an important OPT/STEM OPT transition provision.
For current students, September 3 is therefore a court checkpoint, not a deadline to leave the United States. The critical development will be whether the judge issues an order changing the September 15 timetable.
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