On September 14, 2026, a federal court issued an injunction against the new Duration of Status (D/S) rule, one day before its scheduled implementation. The previous D/S rules will remain in effect until further notice. Additionally, the Department of Homeland Security (DHS) issued a new rule regarding OPT fees, with the comment period ending on November 9, 2026.
Background
On July 17, 2026, DHS issued a final rule changing the Duration of Status. The rule would have required the following:
- Students on F-1 and J-1 visas would have their admission limited to 4 years.
- I visa holders would be limited to a 240 day admission.
- Extensions of stay would require an application to U.S. Citizenship and Immigration Services (USCIS).
- The rule also restricted changing schools, objectives, or adding degrees.
On August 18, 2026, a group of schools and labor organizations sued DHS in the US District Court for the District of Massachusetts. Judge F. Dennis Saylor IV issued a nationwide preliminary injunction on September 14. The government appealed to the First Circuit Court of Appeals on September 30 and, on November 3, requested a 30-day stay of the appeal while the district court considers a final ruling.
Approximately 22,000 comments were submitted on the proposed rule, addressing concerns such as:
- How this rule would affect international student numbers.
- Ability to finish academic programs.
- USCIS backlog.
- Reliance on current Duration of Status.
- Freedom of the press.
OPT Fees
On October 8, 2026, DHS proposed a rule requiring schools to pay $70,000 when recommending a student for OPT and an additional $30,000 for a STEM OPT extension. Schools may pass these costs to the student or employer. The comment period ended on November 9.
What does this mean for international students?
International students on F-1 and J-1 visas continue to be admitted for the duration of status. No new rules for OPT or STEM OPT are currently in effect, and the proposed fees do not apply at this time. DHS will review all comments and issue a final rule. Once issued, the fee will take effect after 60 days. If the government prevails in the D/S lawsuit, that rule will also take effect.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.