A Department of Homeland Security (DHS) rule for F-1 students that was scheduled to take effect on September 15, 2026, is currently on hold: on September 14, the U.S. District Court for the District of Massachusetts postponed its effective date nationwide, and on September 30 the government filed an appeal to the U.S. Court of Appeals for the First Circuit. For international families in Irvine, whether their students attend a private high school, study at a university such as the University of California, Irvine, or are preparing to enter a U.S. undergraduate or graduate program, the existing duration of status (D/S) framework remains in effect, but the direction of the new rule is worth understanding now.

F-1 four-year limit rule: What Happened

  • July 17, 2026: DHS published a final rule in the Federal Register (91 FR 44976) changing the admission period for F, J, and I nonimmigrants from D/S to a fixed period, effective September 15. The rule states that DHS received close to 22,000 public comments on the proposal.
  • August 18: The Presidents’ Alliance on Higher Education and Immigration, NAFSA, and other organizations sued DHS and asked for a preliminary injunction.
  • September 14: Judge F. Dennis Saylor IV postponed the rule’s effective date under Section 705 of the Administrative Procedure Act. The judge found that the plaintiffs are likely to succeed, in part because the rule is arbitrary and capricious in several respects, including the lack of a reasoned cost-benefit analysis and the failure to respond substantively to significant comments.
  • September 30: The government filed a notice of appeal to the First Circuit. As reported by Inside Higher Ed on October 5, the case remains ongoing.

The order explains why the postponement applies nationwide rather than only to the plaintiffs: the plaintiffs represent almost 600 public and private institutions, while there are more than 5,000 higher education institutions in the United States, and relief limited to some schools would create parallel regulatory regimes.

F-1 four-year limit rule: What the rule would have changed

The following provisions of the final rule apply directly to F-1 students. They are not in effect now, but they could return depending on the outcome of the appeal.

Item Current D/S Final rule
Admission period Stay as long as student status is maintained Program length on the Form I-20, up to four years, measured from the program start date
Extensions Program extension granted by the Designated School Official (DSO) Extension of Stay application filed with U.S. Citizenship and Immigration Services (USCIS), possibly with biometrics
Departure period after completion 60 days 30 days
Change of major or transfer below the graduate level Handled through school and SEVP procedures Only after completing the first academic year at the school that issued the Form I-20, unless SEVP authorizes an exception
Change of program or transfer at the graduate level Handled through school and SEVP procedures No change of educational objective during the program; transfer only with an SEVP exception for extenuating circumstances
Language training programs — New: an aggregate limit of 24 months, including breaks

Other provisions: the 30-day early arrival window does not count toward the four years; delays caused by academic probation or suspension are generally not an acceptable reason for a program extension; and the statutory 12-month aggregate limit for F-1 students at public high schools remains, now clarified to include charter schools and similar schools funded by taxpayers.

For students already in the United States under D/S, the rule includes a transition: they may remain until the program end date on the Form I-20 (or the expiration date on an Employment Authorization Document), but no longer than four years after the effective date plus a 60-day departure period, which is November 14, 2030.

F-1 four-year limit rule: What It Means for Irvine Families

No change in plans is needed right now. The UCLA Dashew Center for International Students and Scholars and the USC Office of International Services have both told students that the current D/S framework remains in effect after the court order. Students should continue to maintain status and follow the guidance of their school’s DSO.

The timing of school and major choices matters more. The provision with the greatest effect on family decisions is the first academic year rule: under the final rule, an undergraduate who finds that a major or school is not a good fit would have to complete a full year before changing majors or transferring. For international students at Irvine high schools applying to U.S. colleges, thinking through intended majors and school fit during the application stage is especially important while the rule could return.

Graduate students would face stricter limits. Under the final rule, graduate students could not change their educational objective at any point during their program. For students preparing master’s or doctoral applications, the program choice would effectively be a one-time decision.

Programs longer than four years need planning. Combined bachelor’s and master’s programs, five-year engineering or architecture programs, and delayed graduation would all require an Extension of Stay application with USCIS under the final rule, with processing times outside the school’s control.

EDUBUS Recommendations on the F-1 four-year limit rule

  1. Follow the school DSO’s notices: whether and when the rule takes effect depends on the appeal. Before international travel, a change of major, or a leave of absence, consult the school’s international student office, which is also the advice both universities above give their students.
  2. Prioritize major and school fit during application season: if the first academic year provision returns, adjusting after enrollment becomes much more costly. College list and major planning are covered under University Admissions Planning.
  3. Treat the graduate program choice as final when applying: changing programs at the graduate level would not be allowed under the final rule, so check curriculum and career fit before applying; see Graduate School Admissions.
  4. International students at private high schools should know the basics: Form I-20 issuance, entry timing, and carry requirements are covered in Six Basic Facts About F-1 Status and the Form I-20.

Sources

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