The court has not yet halted the rule, and the student oversight agency has announced a system changeover. What students already in the United States and new arrivals should check within ten days
Student (F) status has been administered so that status continues without a separate expiration date as long as enrollment is maintained. A rule that ends this and assigns a dated expiration takes effect on September 15, 2026. As of September 5, when this column is written, ten days remain. A lawsuit by universities and faculty organizations asking to halt the rule was argued in federal court in Boston on September 3, but no decision had issued as of the morning of September 4. The Student and Exchange Visitor Program (SEVP), the oversight agency under the Department of Homeland Security, announced that it will change its student records system on the night of September 14 to match the new rule. This column is written for student visa holders; exchange visitor (J) status is noted separately only where the dates differ.
The court heard both sides and deferred its decision
"A hearing was held on September 3, the court heard argument from both sides, and the matter is under advisement."
This is the day's entry in the federal court record, in plain language.
The lawsuit was filed on August 18 against the Department of Homeland Security by an association of university presidents, the association of international student advisers, an association of private universities, and unions of teachers, auto workers, and journalists. They asked for two things: to postpone or halt the rule until the case is decided, and to invalidate the rule altogether. The government filed its opposition on September 2, and the hearing was held the next day.
At the hearing, the judge was reported to have said that the four-year cap has nothing to do with national security, and to have mentioned that a short pause before the effective date might be issued to allow more time. The government was reported to have argued that a renewal review every four years is a safeguard against problems such as maintaining status through fake schools. Neither is a decision. The judge did not say when a decision would come.
"Under advisement" means a decision could come at any time; it does not mean the effective date has been postponed. As of the morning of September 4, there was no new order in the court record. If one comes within days, it may be a short stay to buy time rather than a ruling on the merits, and even such an order would not make the rule disappear.
So there is one standard for now. There is no document in the Federal Register postponing or changing the effective date. The oversight agency's guidance, dated August 31, leaves the effective date unchanged. If the court halts the rule, you will learn it from school notices and agency guidance. Until that news arrives, the right approach is to prepare on the assumption that the rule takes effect on September 15.
Students already in the United States: start by reviewing travel plans
"A student properly maintaining status on September 15 does not need to file for an extension immediately. The student is admitted through the program end date on the I-20, or the end date of post-completion practical training, but in no case beyond November 14, 2030."
This is the guidance the oversight agency issued on August 31. For exchange visitor status, that final date is October 15, 2030.
This reassurance applies only to students properly maintaining status. If your program has already ended or your record has been terminated in the school system, you are not covered by this provision, and you should get advice within the ten days.
The first thing a student in status should do is know their own date. Check which is later, the program end date on the I-20, the school-issued document certifying student status, or the expiration date on the employment authorization card, and write that date down. If it differs from the date recorded in the school system, ask the school's international student adviser right away.
The second is travel. If you travel abroad after September 15, you may receive an arrival record stamped with a new expiration date when you return at the airport. The agency guidance specifically states that a student who travels before applying for post-completion practical training must, after returning, file both the employment authorization application and the application for extension of stay. If you travel while an extension application is pending and return on a new I-20 with a later end date, the pending extension may be treated as abandoned. The employment authorization application is not treated that way. If you have overseas travel scheduled this semester, it is safer to confirm with the adviser before leaving.
The third is dates for students about to begin post-completion practical training. If you file the employment authorization application before your current period of admission ends and by March 18, 2027, you do not need to file a separate extension of stay. This special rule applies only to two categories: post-completion practical training and the STEM extension. The Department of Homeland Security may extend this date in six-month increments. The existing arrangement that bridges status and work authorization for students selected in the work visa lottery is not changed by this rule.
The fourth is plans to change major or school. Students at the undergraduate level or below cannot change major or school in the first year. Graduate students cannot change major during the program, and may transfer schools only with the agency's permission in exceptional circumstances such as a school closing. After completing a program on or after September 15, you may proceed only to a higher level. This does not apply to programs completed before then. If you were considering a change of major or a transfer, work through it with the adviser first.
New arrivals: the date on the arrival record is the expiration date
"From September 15, a student is admitted for the program length on the I-20, up to a maximum of four years. Thirty days for arrival and thirty days for departure are added, and the final date is stamped on the arrival record."
This is the oversight agency's summary guidance.
For students arriving this semester, the calculation is different. The expiration date is set at the airport on entry, and it can be viewed on the arrival record lookup site of U.S. Customs and Border Protection (cbp.gov/i94). Check the date within days of arrival and keep a photo of it. For a two-year program, the date stamped is two years plus the preparation periods, not four. If you stay past that date, unlawful presence begins accruing from that day. If you file an extension on time before the expiration date, your stay is recognized during the review and you may continue your studies.
If you need more time, you must file the application for extension of stay (Form I-539) with USCIS before the expiration date. The date on the receipt notice must be before the expiration date, so a mail delay means missing the deadline outright. The agency recommends filing 180 days before expiration. If you file within the last 30 days, the departure preparation period, all employment must stop until approval. If you filed before then, on-campus work and practical training may continue during the review for up to 240 days. The grace period after graduation remains 60 days for students who were here before the effective date, and is 30 days for those who arrive after it. For exchange visitors it was and remains 30 days.
Forms change too. From September 15, only the new editions of the extension of stay application and the employment authorization application (Form I-765) are accepted, and old editions are rejected with no grace period. Filing the new edition before September 15 is also rejected. If you plan to file in September, first confirm which edition applies on your filing date.
Waiting for the lawsuit and putting off preparation is costly
"If the effective date changes after congressional review, the Department of Homeland Security will publish a document in the Federal Register setting the actual effective date or terminating the rule."
This sentence appears in the rule's effective date provision.
There are two ways the rule could be halted: the court halts it, or congressional review changes the date. Either way, it would be announced in an official document, and no such document exists to date. Even if the court halts it, that may be a temporary measure during litigation, and the government may appeal. If the rule takes effect again later, those who did not prepare will be the ones scrambling.
The effort of preparing is small: confirm your date, organize your documents, postpone non-urgent overseas travel. The cost of not preparing is large. If you pass an expiration date without knowing it, unlawful presence accrues, and if the employment authorization and extension get tangled, months of gap can follow. School international student advisers are expected to monitor expiration dates and advise students, so read every email from your school.
Closing
Three things to do within ten days. First, confirm your date and write it down: for students already here, the program end date on the I-20 and the expiration on the employment authorization card; for new arrivals, the expiration stamped on the arrival record. Second, for any overseas travel scheduled around September 15, confirm with the school's international student adviser before leaving. You may receive a new expiration on return, or a pending extension may be treated as abandoned. Third, if post-completion practical training or an extension is ahead, mark three dates on the calendar: March 18, 2027, 180 days before expiration, and the last 30 days. Follow the lawsuit through school notices and agency guidance, and until that news arrives, it is safer to prepare on the assumption that the rule takes effect on September 15.
Disclaimer: This column is provided for general informational purposes only and does not constitute legal advice for any specific case. For matters concerning your individual immigration situation, please consult an immigration attorney.
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