Legal battle over new U.S. F-1 rules: “Stay until graduation” remains the rule for now

2. Legal battle over new U.S. F-1 rules: “Stay until graduation” remains the rule for now

Cost: No cost at all. Simply copy the program end date from your I-20 into your calendar and set a reminder 90 days in advance. The I-20 is the official document issued by your school confirming your eligibility to study in the U.S. Also, check updates from your school’s international student office each semester to see if there are any new developments in this case.

In plain terms: The U.S. originally planned to change F-1 rules so that students could stay for a maximum of four years, with only 30 days allowed to leave after finishing their studies. However, just one day before those rules were set to take effect, a federal court issued a stay. As a result, the old rule still applies: students may remain in the country for the full length of their program, with a 60-day grace period after graduation to depart. This stay does not mean the rules have been repealed; the government can still appeal, so the regulations might change again at any time.

Benefit: On July 17, 2026, the Department of Homeland Security announced a new rule scheduled to become effective on September 15, 2026. Under this proposal, F-1 students would no longer be allowed to stay “until graduation”; instead, they would be limited to a fixed maximum stay of four years, after which they would need to apply for an extension. Following completion of their studies or internship, they would have only 30 days to leave the country. On September 14, 2026, Judge Saylor of the U.S. District Court for the District of Massachusetts, citing Section 705 of the Administrative Procedure Act, issued a stay on the implementation of this rule nationwide. The court did not overturn the rule; the request to do so was denied, though the government retains the right to appeal later. The case remains ongoing. Thanks to this court order, holders of F, J, and I visas continue to be allowed to stay “until graduation,” with the same 60-day post-graduation departure window and no need to apply for an extension.

Evidence grade: A

Notes: This information is current as of September 25, 2026. The government may appeal to the First Circuit Court of Appeals, and DHS could revise and reissue the rules. Therefore, students planning to study for multiple years should not assume that the current rules will remain unchanged indefinitely. The next court hearing to review progress in the case is scheduled for October 2, 2026; after that date, it’s advisable to check your school’s international student office for any updates. Should these new rules eventually take effect, any extension request must be submitted before the expiration date; there will be no automatic renewal. Under the current rules, the departure deadline for students who decide to leave early differs from that for those who complete their program; in such cases, consult your school’s international student office for guidance. The same rule proposal also applies to J visas, though specific provisions differ from those for F-1 students; check details based on your own visa category.

Sources: DHS (2026). Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors (announced on 2026-07-17, originally scheduled to take effect on 2026-09-15). Presidents' Alliance on Higher Education and Immigration v. U.S. Department of Homeland Security, No. 1:26-cv-13799-FDS (D. Mass. Sept. 14, 2026), Court Docket. <https://www.courtlistener.com/docket/74661796/presidents-alliance-on-higher-education-and-immigration-v-united-states/>; Yale Office of International Students & Scholars (2026-09-14). Important Update: Court Action on the D/S Rule. <https://oiss.yale.edu/news/important-update-court-action-on-the-ds-rule>; AILA (2026). One Day Before Taking Effect, Federal Court Postpones the F, J, and I Fixed Admission Period Rule. <https://www.aila.org/blog/think-immigration-one-day-before-taking-effect-federal-court-postpones-the-f-j-and-i-fixed-admission-period-rule>; 8 CFR 214.2(f). <https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2>