Free to compare · No sign-up
How it worksAd disclosure
Article

If You're Chasing PSLF, File the Employment Certification This Week.

The PSLF 'substantial illegal purpose' employer rule was vacated by two federal courts on June 30, 2026, one day before it was to take effect, and the Education Department confirmed on September 22 that it is stripping the attestation off the form. The Department has appealed. Filing your Employment Certification Form is still the move.

Close-up of a hand filling out paperwork with a pen on a wooden desk

Update, September 28, 2026: The rule this article was written around never took effect, and we had that wrong. On June 30, 2026, one day before the July 1 effective date, federal district courts in Massachusetts and the District of Columbia vacated the Education Department’s PSLF employer rule. Judge Myong J. Joun called it contrary to law, arbitrary and capricious, and a First Amendment violation. The Department said it plainly in a Federal Register notice on September 22: “On Tuesday, June 30, 2026, a Federal judge vacated the rule; one day prior to the rule becoming effective. The Department is now removing the attestation from the PSLF form in order to comply with the court order.” Your employer is no longer being asked to swear to anything about illegal activity. Two things didn’t change. The Justice Department appealed, and National Council of Nonprofits v. McMahon is live in the First Circuit as No. 26-1972, so this is settled for today and not forever. And the advice below still holds. If an employer stalled over that attestation this summer, ask again this week. It’s gone.

If you’re on Public Service Loan Forgiveness and you haven’t filed an Employment Certification Form this year, file one this week. The reason is no longer the rule. It’s that an uncertified month is a month the Department has no record of, and this program has spent two years proving how fast its records can go dark.

Here’s the fight the form got caught in. The Department published a final rule on October 31, 2025, adding a new way for an employer to lose “qualifying employer” status: activity with a “substantial illegal purpose.” Its stated examples were aiding illegal immigration and supporting terrorism. Its own estimate was that fewer than ten employers a year would be disqualified.

Small number. The problem was you don’t get told your organization is on the list until it is.

On June 18, the Department published the revised Employment Certification Form to match, and that’s the version that hit HR desks. Your employer had to attest, under penalty of perjury, that it had not engaged in “substantial illegal purpose” activity. That’s a big ask, and some HR departments simply stopped signing.

Twelve days later two judges threw the rule out. The Massachusetts court held it violated the First Amendment by “conditioning PSLF eligibility on an organization’s speech, advocacy, or viewpoint.” The D.C. court held the Secretary can’t “pick and choose” among the Section 501(c)(3) organizations Congress already made eligible. Then it took the Department three months to take the sentence off the form.

Here’s the mechanic that outlives all of it. Certified months are recorded months. Uncertified months are a promise that somebody at your old employer will still be reachable, and still have payroll records, whenever you finally ask. For a borrower five years into a ten-year march, that’s roughly sixty months sitting in a filing cabinet you don’t control.

On a $60,000 balance, that paperwork is the difference between $0 forgiven and everything forgiven.

Do this now, in this order.

Log into StudentAid.gov and pull an Employment Certification Form. File one covering every month you’ve worked at your current employer through today. If you’ve never filed one, file it once. If you filed one last year, file another. There’s no cost, no cap, and no penalty for filing again. Check the education hub if you want the rest of the repayment picture.

If an employer refused to certify you this summer over the attestation, go back to them now with the Department’s September 22 notice. The sentence they balked at is being deleted.

If you were on SAVE, note the plan was vacated on March 10, 2026. You should have been notified to switch. RAP is a qualifying PSLF plan and became available July 1. IBR is still an option. Don’t sit in forbearance while you decide. Forbearance months don’t count toward PSLF.

If you’ve already hit 120 qualifying payments, apply for forgiveness now. Don’t wait for the annual cycle to come around.

The vacated rule sat in 34 CFR 685.219 for anyone who wants the citation. The appeals are in the First and D.C. Circuits and will not be decided this year.

How Candid Yak makes money. Some of the products we write about pay us if you apply or sign up through our links. That never changes our verdict, our rankings, or the numbers in this article. We call a bad deal a bad deal whether it pays us or not. Some brands shown in our comparison tools are placeholder examples while we finalize partner agreements, and we label them as such.

Frequently asked questions

Is the PSLF 'substantial illegal purpose' employer rule in effect?

No. On June 30, 2026, one day before it was to take effect, federal district courts in Massachusetts and the District of Columbia vacated the Education Department's final PSLF rule. Judge Myong J. Joun in Massachusetts held it contrary to law, in excess of the Department's statutory authority, arbitrary and capricious, and a violation of the First Amendment. The D.C. court held that the Secretary cannot pick and choose among Section 501(c)(3) organizations when Congress made them qualifying employers by statute. The Department confirmed the vacatur in its own Federal Register notice of September 22, 2026.

Does my employer still have to sign an attestation about illegal activity?

No. The revised Employment Certification Form published in June 2026 required employers to attest, under penalty of perjury, that they had not engaged in any activity with a substantial illegal purpose on or after July 1, 2026. In its September 22, 2026 notice the Department wrote that it 'is now removing the attestation from the PSLF form in order to comply with the court order,' and that 'no other changes have been made at this time.' Comments on the revised form are open through October 22, 2026. If an employer refused to certify your months over that language this summer, ask again now.

Could the rule come back?

Possibly, which is the reason to file anyway. The Justice Department filed notices of appeal in both cases. National Council of Nonprofits v. McMahon was docketed in the First Circuit as No. 26-1972 on September 2, 2026, and the companion case is headed to the D.C. Circuit. Briefing runs into late 2026 with decisions possible in 2027. Nothing about the appeals puts the rule back in force today, and no court has stayed the vacaturs.

Do I lose PSLF credit for months I worked before an employer is disqualified?

Under the vacated rule, months you worked and had certified at a qualifying employer would have counted toward your 120 payments even if the Department later disqualified that employer, and only months after a disqualification determination would have stopped counting. That mechanic is why certified months are worth more than uncertified ones under any version of this fight. It costs nothing to file an Employment Certification Form, there is no cap on how often you file, and the Department's own paperwork estimate for the form is 913,713 responses a year.

What happened to the SAVE plan and what is RAP?

The SAVE Final Rule was vacated by the Eighth Circuit on March 10, 2026. Existing SAVE borrowers began receiving 90-day notices to switch to a different plan. The Repayment Assistance Plan (RAP), a new income-driven repayment plan created by the One Big Beautiful Bill Act, became available on July 1, 2026 and counts as a qualifying PSLF plan. IBR is still an option. Forbearance is not: months in forbearance do not count.

Ready to compare?

Find your best Education match in 2 minutes.

Free to compare. No spam, no commitment.