F-1 D/S Rule Takes Effect 09/15/2026: No Court Order Stopping It. Know When You Need to Extend F-1 Status.

Tomorrow, September 15, the new F-1 fixed I-94 rule takes effect.

There is a pending lawsuit in Massachusetts challenging the rule, and at the September 3rd hearing, the judge discussed the possibility of issuing a temporary restraining order. But as of today, September 14, we have not received any court order stopping the rule.

So at this point, students should prepare for the new rule to take effect tomorrow as scheduled. Now you need to understand what will change starting tomorrow.

Whether you are already in the U.S., planning to return to the U.S., or planning to leave the U.S. soon, your situation may be different.

1. You are already in the U.S. in valid F-1 status and your I-94 says “D/S.”

You do not suddenly lose D/S tomorrow, and you do not need to file an I-539 Extension of Status just because the new rule takes effect.

You may remain through the later of:

• your current I-20 program end date; or

• your current OPT/STEM OPT EAD expiration date,

plus the existing 60-day grace period.

However, this D/S transition protection is not indefinite. It cannot continue beyond November 14, 2030.

For example:

• Your current I-20 ends May 20, 2027 → you can remain through the 60-day grace period after that.

• Your STEM OPT EAD ends June 30, 2028 → you can remain through the 60-day grace period after that.

• Your Ph.D. I-20 currently runs until 2032 → you cannot rely on D/S all the way to 2032; the transition protection is capped, and you would have to move into the new fixed-period/EOS system before then.

2. You leave the U.S. and re-enter on or after September 15.

This is where the system really changes.

After re-entry, CBP will give you a specific expiration date on your I-94 instead of D/S.

Your admission will cover the period on your I-20, up to four years, plus a 30-day grace period.

Once you receive that fixed I-94, you need to start paying attention to two different dates: your I-20 and your I-94.

If you need to stay beyond the I-94 date, a school simply extending your I-20 is no longer enough. You also need to file an Extension of Stay with USCIS.

3. How long will your new F-1 I-94 be valid?

Under the new rule, your admission will be through your I-20 program end date, but no more than 4 years at a time, plus a 30-day grace period.

So, in practice:

• Bachelor’s student: If your I-20 shows a four-year program, you may receive an I-94 valid for up to 4 years, plus the 30-day grace period. If you need longer to complete the degree, you will need an Extension of Stay. When you later apply for OPT, you also need to file an EOS application together with your OPT application.

• Master’s student: If your I-20 shows a two-year program, your I-94 may be valid through that two-year program period, plus the 30-day grace period. When you apply for OPT, you also need to file an EOS application together with your OPT application.

• Ph.D. student: Even if your Ph.D. program is expected to take five or six years, your initial admission cannot exceed 4 years, plus the 30-day grace period. If you need additional time, your DSO can extend the I-20, but you will also need to file an Extension of Stay with USCIS or leave the U.S. and seek a new admission.

4. Your OPT or STEM OPT application is already pending on September 15.

You do not need to refile your I-765 or suddenly file an I-539 just because the new rule takes effect.

Your current I-94 will remain D/S, and if your OPT or STEM OPT is approved, you may continue to remain through the EAD expiration date plus the existing 60-day grace period.

5. You currently have D/S and will apply for OPT or STEM OPT soon.

There is important transition relief.

If you remain eligible under the D/S transition protection (meaning you do not leave the U.S. and re-enter with a new fixed-date I-94) and you timely file your OPT or STEM OPT I-765 on or before March 18, 2027, you do not need to file a separate I-539 Extension of Stay for that OPT/STEM OPT period.

If approved, you may remain in the U.S. through the EAD expiration date plus the existing 60-day grace period.

6. Initial OPT after you already have a fixed-date I-94

These rules mainly apply to students whose I-94 has already changed from D/S to a fixed expiration date. Do not confuse with students who qualify for the transition protection above.

To apply for initial OPT, the student must:

• file Form I-765 for OPT;

• select an OPT start date no later than 30 days after completing the academic program; and

• file an EOS application to extend the I-94 admission period through the OPT EAD expiration date plus the additional 30-day grace period.

One major difference under the new system:

If the OPT EAD is approved but the EOS application is still pending, you cannot start working yet.

Both the EOS application and the OPT EAD must be approved before employment begins.

7. STEM OPT after you already have a fixed-date I-94

To apply for a STEM OPT extension, the student must:

• timely file Form I-765 before the initial OPT EAD expires; and

• file an EOS application to extend the I-94 admission period through the STEM OPT EAD expiration date plus the 30-day grace period.

The existing 180-day automatic extension of STEM OPT employment authorization remains available.

An eligible student who timely files both the STEM OPT EAD application and EOS application may continue working while the applications are pending, until USCIS makes a decision or for a maximum of 180 days, whichever occurs first.

8. You have a fixed-date I-94 and need more time to finish school or continue CPT.

Your DSO extending the I-20 is no longer necessarily enough.

You also need to file an I-539 Extension of Stay with USCIS before your authorized stay expires.

For students using CPT or on-campus employment, filing the EOS before the fixed I-94 expiration date can be particularly important because authorized employment may continue for up to 240 days while the EOS is pending.

9. You finish a program after September 15 and want another degree at the same or a lower level.

Another major change has nothing to do with the I-94 itself.

For programs completed after September 15, the new rule prevents an F-1 student from completing one educational level and then starting another program at the same or a lower level.

For example:

• Master's → another Master's: not allowed.

• Master's → Bachelor's: not allowed.

• Master's → Ph.D.: yes, allowed.

Programs completed before September 15, 2026 do not count toward this restriction.

10. Tomorrow does not mean every F-1 student suddenly needs to file something with USCIS.

The first question is: What does your current I-94 say, “D/S” or a specific date?

If your current I-94 still says D/S and you remain in the United States, important transition protection applies. Your next step is to understand when you may eventually need to file an Extension of Stay.

But once you travel and re-enter the U.S. on or after September 15, 2026 and receive a fixed-date I-94, that expiration date becomes one of the most important dates you need to track.

11. And of course, we are still watching the Massachusetts court.

If Judge Saylor issues a TRO or preliminary injunction, the situation could change very quickly.