A significant development occurred one day before the new F-1 status rule was scheduled to take effect on September 15, 2026.

On September 14, 2026, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts issued a preliminary injunction (PI Order), temporarily blocking the U.S. Department of Homeland Security (DHS) and related government agencies from implementing the F-1 Final Rule.

As a result, the new F-1 rule will not take effect on September 15 as originally scheduled, and the existing Duration of Status (D/S) system remains in place for now. This is an important temporary development in favor of F-1 international students studying in the United States, participating in CPT or OPT, or planning their status after graduation.

A preliminary injunction is a form of temporary relief in federal litigation. In this case, the plaintiffs argued that the process DHS used to adopt the Final Rule violated the Administrative Procedure Act (APA). In particular, they claimed that DHS failed to adequately explain its reasons for eliminating the longstanding D/S system and failed to sufficiently consider relevant comments and possible alternatives.

In the September 14 ruling, the judge found that the plaintiffs were likely to succeed on their APA claims. The judge also found that immediate implementation of the rule could cause serious and irreparable harm to international students, higher education institutions, and the U.S. higher education system. The court therefore prohibited DHS and ICE from implementing the new F-1 rule while the litigation continues.

This relief applies nationwide. Accordingly, the Final Rule will not be implemented across the United States as originally planned, and the longstanding D/S framework remains in effect.

It is important to understand that the preliminary injunction does not mean the new rule has been permanently eliminated. The court has temporarily suspended the Final Rule’s effective date and implementation but has not vacated the Final Rule at this stage. The case will continue, and further court rulings or appeals may follow.

Under the existing D/S system, F-1 students must continue to maintain valid status, including maintaining a full course of study as required, complying with school and SEVIS requirements, and refraining from unauthorized employment. CPT, OPT, and STEM OPT continue to operate under the existing rules.

Therefore, students currently participating in Day 1 CPT, preparing for OPT or STEM OPT, planning a school transfer, or pursuing a change of status (COS) do not currently need to immediately change their existing plans because of the rule originally scheduled to take effect on September 15. However, students with a more complicated F-1 status history are still encouraged to review their compliance in advance.

Because this litigation is ongoing, F-1 policies may still change. If you have questions about maintaining F-1 status, CPT or OPT, a change of status, or long term immigration planning after graduation through options such as H-1B, O-1, EB-1A, or EB-2 NIW, you are welcome to schedule an individual evaluation and consultation with our experienced immigration attorney team.

Keywords: New F-1 Rule, F-1 Status, Duration of Status, D/S, F-1 Visa, CPT, OPT, STEM OPT, Day 1 CPT, Preliminary Injunction, PI Order