Link to UPDATE 9/15/26: Federal Court Blocks Implementation of DHS Final Rule Eliminating Duration of Status (For Now) UPDATE 9/15/26: Federal Court Blocks Implementation of DHS Final Rule Eliminating Duration of Status (For Now)
A federal court has enjoined the implementation of DHS’ final rule eliminating duration of status for F-1 international students and making other program changes, discussed in our alert (below). The final rule was scheduled to take effect on September 15, 2026, but the implementation has now been paused pending further developments in the ongoing litigation in federal court.
The U.S. Department of Homeland Security (DHS) has published a final rule changing aspects of the F-1 program for international students, effective September 15, 2026. Although the most significant changes will predominantly affect higher education, independent schools and their students should note several key changes.
Link to Elimination of Duration of Status; Students Must Apply to Extend Stay at End of Program Elimination of Duration of Status; Students Must Apply to Extend Stay at End of Program
The new regulations eliminate “duration of status” (“D/S”) for F-1 students. Under the current framework, F-1 students have been admitted or granted status without a fixed end date; their status expires when their academic program ends, although the end date may be adjusted without a formal government application. Under the new framework, F-1 students will be admitted or granted status with a defined “Admit Until Date” (“AUD”): the earlier of (1) the program end date listed on the Form I-20 or (2) four years. To extend the AUD and continue studying at the same school or a new institution, students must either file an application with U.S. Citizenship and Immigration Services (USCIS) and pay a fee, or depart the U.S. and re-enter with a new Form I-20 (and, where required, a valid visa), triggering a new AUD. Applicants may also be required to attend an in-person biometrics appointment.
The fixed admission period will affect students in programs longer than four years, those needing additional time in a current program, and those remaining to complete more than one degree. These individuals must apply to USCIS for a status extension or, if available and practicable, travel internationally and re-enter the country with the appropriate paperwork to obtain a new AUD.
Note that to extend status to continue the same program (for example, after repeating a year), students must demonstrate a “compelling academic reason.” DHS confirms in the regulations that delays caused by academic probation or suspension, or by a student’s repeated inability or unwillingness to complete the course of study, will not be considered a compelling academic reason. An acceptable reason may include a medical condition or another circumstance beyond the student’s control.
Schools will not be responsible for filing extension applications on behalf of their students, though Designated School Officials (DSOs) are encouraged to track program end dates and may be asked to help students prepare and file their applications. DSOs are welcome to consult outside immigration counsel with questions or for guidance, and students may consult their own immigration attorneys.
Independent schools and international students should also be aware that international travel while an extension-of-stay request is pending could result in abandonment of the request. DSOs should account for this when advising students about travel.
Link to Prohibition on Certain Program Transfers Prohibition on Certain Program Transfers
The new regulations bar F-1 students below the graduate level from transferring schools during the first academic year of a program of study, unless an exception is authorized for extenuating circumstances. However, the regulations specifically list “a student needing to change schools to complete elementary or secondary education” as an example of extenuating circumstances. Therefore, we expect that international students at independent schools should continue to be able to transfer.
Link to Shortening of F-1 “Grace Period” Shortening of F-1 “Grace Period”
F-1 students are generally permitted to remain in the U.S. for up to 60 days after their program ends to enroll in a new program, apply to change status, or otherwise wind up their affairs and depart. Under the new rule, that period is reduced to 30 days. Students whose programs are ending and who are not remaining in the U.S. should plan accordingly.
There is an exception for students who are in the U.S. in F-1 status on September 15, 2026, are properly maintaining their F-1 status, and do not leave the U.S. These individuals will retain the 60-day grace period.
Link to Postgraduate (PG) Year Considerations Postgraduate (PG) Year Considerations
Independent schools enrolling postgraduate (PG) students should note that the new regulations bar F-1 students from enrolling in a new program at the “same educational level” after completing an academic program. If DHS treats a PG year as the same educational level as high school, this could bar F-1 enrollment in PG programs. Because the regulations and preamble do not address PG students, it remains unclear whether they will be affected. DHS may provide forthcoming guidance.
Link to A Reminder About Student Employment and Volunteering A Reminder About Student Employment and Volunteering
Federal regulations limit employment authorization for F-1 students (“practical training”) to those enrolled at a college, university, conservatory, or seminary. Primary and secondary school students therefore may not engage in practical training, whether paid or unpaid. This prohibition includes internships or other opportunities providing pay, benefits, or other remuneration. Some volunteer activities, such as charitable work, may be permissible.
DHS has recently increased enforcement of F-1 practical training and employment rules. To reduce risk to the school’s SEVP certification and the student’s F-1 status, DSOs may wish to reiterate these restrictions to students, faculty, and relevant staff (such as college counselors) to help raise awareness and ensure compliance.
Link to Conclusion Conclusion
While the impact of the new regulations may not be as sweeping for independent schools as it is for colleges and universities, independent schools and their international students will nevertheless be affected and should be aware of these new obligations and important considerations going forward.
We will provide further updates if DHS issues guidance that adds to or supersedes this information.
For more information or questions about this alert or other immigration matters, please contact Nina Pelc-Faszcza at npelcfaszcza@goodwin.com.
This alert is for informational purposes only and does not constitute legal advice. It provides a general, high-level overview of the new regulations’ impact on independent schools and F-1 students and does not address other changes (including higher-education rules that may affect students after matriculation) or every possible scenario, including unique situations. Please contact us with questions about specific individuals or immigration matters.