Duration of Status was blocked. What now?
On September 14, 2026, a federal judge in the District of Massachusetts issued a preliminary injunction that delayed the effective date of a Department of Homeland Security (DHS) rule that would have replaced Duration of Status (D/S) with fixed periods of admission. The change had been scheduled for September 15. For now, the current D/S system remains in effect while the court case continues.
This did not create a new right to an F-1 visa, and it does not guarantee approval. The practical point is different: for anyone already planning to study in the United States, the current scenario makes it possible to start organizing the project under the rules that remain in force right now.
What is the F-1 visa?
F-1 is a student visa category for people who will study in the United States at eligible institutions. The Department of State includes in this category universities, schools, seminaries, conservatories, and other academic institutions, including language-training programs.
For anyone who wants to study English in the United States, a language-training program at an SEVP-certified school may qualify for F-1 status, subject to the applicable requirements.
How does the process start?
The process starts before the consular interview. In general, the student needs to:
- Choose an eligible school and program.
- Apply and receive acceptance from the institution.
- Be registered in SEVIS and receive Form I-20.
- Pay the SEVIS I-901 fee, when applicable.
- Complete Form DS-160.
- Schedule and prepare for the visa interview.
Why does D/S matter?
Duration of Status is the mechanism that allows certain F-1 students to remain in the United States while they maintain status and meet the conditions of their program. The rule that was temporarily blocked would have replaced that model with fixed periods of stay and new procedures for extending stay.
If you are still outside the United States
If your plan is to leave Brazil or another country to study in the United States, you can start preparing before you travel. The Department of State says new F-1 visas may be issued up to 365 days before the program start date; however, entry to the United States is not permitted more than 30 days before the program begins.
AntaresTM can help you
For anyone considering studying English in the United States on an F-1, AntaresTM can support the educational planning and school process, including guidance on programs, applications, documentation, the I-20, and preparation for the consular step.
Is F-1 guaranteed?
No. Admission to a school and issuance of the I-20 are part of the process, but they do not guarantee that a visa will be issued. The Department of State says a consular officer evaluates the applicant’s eligibility and may request additional documents. There is no guarantee that a visa will be issued.
What does this mean for you?
If studying English in the United States is part of your plans, the temporary block of the new rule is a reason to act now. It is an opportunity to start researching, organizing documents, learning about the options, and understanding the F-1 process while the legal situation continues to be monitored.
Editorial note
This article reflects information available in September 2026. The injunction on Duration of Status is preliminary, and the court case continues. Immigration information can change. This article is for informational purposes and is not legal advice or a guarantee of visa approval.
Sources
- U.S. Department of State — Student Visa; DS-160 information.
- Federal Register / DHS — Final Rule, July 17, 2026.
- U.S. District Court for the District of Massachusetts — Presidents' Alliance et al. v. DHS, No. 1:26-cv-13799-FDS, order of September 14, 2026.
- Yale OISS; Vanderbilt ISSS; USC OIS — updates on Duration of Status and the court order.
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