USA
A federal court postponed the rule ending duration of status.
On September 14, 2026, the US District Court for the District of Massachusetts postponed the DHS final rule that ends duration of status for F, J and I nonimmigrants. The rule was due to take effect the next day, September 15. The court found the rule likely to violate the Administrative Procedure Act and stayed it nationwide while the case continues. Duration of status stays in place.
Duration of status, the D/S on a Form I-94, lets an F, J or I nonimmigrant stay as long as the program or assignment continues. The postponed F-1 duration of status rule, published on July 17, 2026, would have replaced that open-ended admission with a fixed one. F and J nonimmigrants would have been admitted for up to four years, and I nonimmigrants for up to 240 days. Anything longer would have needed an extension of stay from USCIS. The order puts all of it on hold. It does not strike the rule down.
Below: the order itself and the grounds the court gave, then why the relief covers every school. After that, what the postponed rule would have changed, what applies now, and the dates that decide what comes next.
What the court ordered on September 14, 2026.
The lawsuit was filed on August 18, 2026 by a coalition of higher-education associations and unions. It includes the Presidents’ Alliance on Higher Education and Immigration, NAFSA, the American Federation of Teachers and the UAW, and it names DHS and ICE as defendants. Judge F. Dennis Saylor IV heard argument on September 3 and issued a 48-page decision with a two-page order on September 14. The order says:
The ruleThe effective date of the Final Rule is hereby POSTPONED pending further order of this court or resolution of this proceeding on the merits. Defendants are preliminarily enjoined from taking any further action to implement the Final Rule pending further order of this court or resolution of this proceeding on the merits.
Preliminary Injunction Order, Dkt. 51, No. 1:26-cv-13799 (D. Mass. Sept. 14, 2026)
In plain terms: the rule’s September 15 start date is on hold, and DHS and ICE may not implement any part of the rule. The hold has no end date of its own; it ends when the court lifts it or decides the case. The plaintiffs had also asked the court to strike the rule down outright. The court declined that for now without ruling it out, so the plaintiffs can ask again later in the case.
The postponement rests on section 705 of the Administrative Procedure Act, which lets a court delay a rule’s effective date while it reviews the rule.
Why the court postponed the duration of status rule.
The court reviewed the rule only for compliance with the Administrative Procedure Act, which requires an agency to explain a rule with reasons connected to the record. It found the plaintiffs likely to succeed on their claim that DHS did not meet that standard, on four grounds:
- Cost-benefit analysis. DHS quantified rule-familiarization and filing costs and treated the cost of lost enrollment as unquantifiable. The record held a survey in which 49 percent of current international students said they would not have enrolled under a fixed period. DHS offered no estimate of its own.
- Alternatives. Commenters proposed upgrading SEVIS, tying the fixed term to program length, and targeted vetting of researchers in sensitive fields. The court found that DHS did not explain why those alternatives would not meet its goals.
- Public comments. DHS gave 32 days for comment and received nearly 22,000. The court listed four subjects where the response fell short. They were doctoral programs that run past four years, the extension filings USCIS would receive, joint and same-level degrees, and the 240-day journalist term.
- Connection to the stated goals. DHS justified the rule on national security and fraud. The court found that a four-year cap would not have prevented the incidents DHS cited. It also found that more than 10 years in student status is consistent with a doctorate followed by training.
The court did not reach the plaintiffs’ two other claims. One is that the rule’s limits on changing school, level or major are contrary to the student-visa statute. The other is that the 240-day term for journalists violates the First Amendment.
On harm, the court cited declarations that international students had already withdrawn from two universities and that a third reported a 42 percent drop in international applications. On the public interest it cited the rule’s own count: about 1.6 million people in F status, 504,000 in J status and 24,000 in I status.
Why the postponement is nationwide.
The government argued that relief had to stop at the plaintiffs’ own members, citing the Supreme Court’s 2025 decision in Trump v. CASA, which limited universal injunctions. The court held that relief under section 705 of the Administrative Procedure Act is not limited to the parties. The First Circuit, which hears appeals from Massachusetts, confirmed that reading in a decision in August 2026.
The court then gave a practical reason for using that authority. The plaintiffs represent almost 600 institutions out of more than 5,000 in the United States. A members-only order would have created two sets of rules, with repeated decisions about whether a given student or school was covered. Students also transfer between schools and pursue joint degrees, which the court said would complicate a party-specific order further. The postponement covers everyone.
What the postponed duration of status rule would have changed.
Duration of status is the admission system in place for F students since 1978 and for J exchange visitors since 1985. The Form I-94 carries "D/S" instead of a date, and status lasts as long as the person keeps to the terms of the program. The postponed rule replaces that with fixed dates, an extension procedure and new limits on academic moves. The table sets the two systems side by side.
| Point | Duration of status (in effect) | The postponed rule |
|---|---|---|
| Admission period | Until the program ends, with no fixed date on the Form I-94. | The program end date, capped at four years for F and J nonimmigrants and at 240 days for I nonimmigrants. |
| A program longer than the cap | The school extends the program in SEVIS. | An extension of stay filed with USCIS on Form I-539, granted at USCIS discretion with no appeal from a denial. |
| Period after completion | 60 days for F-1 students; 30 days for J-1 exchange visitors. | 30 days for both. |
| OPT and STEM OPT | Authorized inside duration of status through the school and USCIS. | Training beyond the admission period needed an approved extension of stay, with a transition exception for OPT and STEM OPT applications filed by March 18, 2027. |
| Changing school, level or major | Allowed under the current regulations, recorded by the school in SEVIS. | Barred in the first undergraduate year and for graduate students, with exceptions for extenuating circumstances; no second degree at the same or a lower level. |
| Students already in the US on D/S | Unchanged. | Kept duration of status until the current program end date, up to November 14, 2030, then moved to the fixed system. |
Nothing in the right-hand column is in force. The order postponed the whole rule, so the middle column describes the rules that apply today.
What changes for F-1 and J-1 visa holders now?
Nothing changes while the duration of status rule is postponed. F, J and I nonimmigrants keep duration of status admissions. A student or exchange visitor does not need an extension of stay because a program runs past four years. The current rules on school transfers, program changes and practical training stay as they are. The obligations that come with D/S also stay: maintaining the course of study or exchange activity, and reporting changes through the school or program sponsor in SEVIS.
CBP has published no guidance on the order. A traveler returning in F, J or I status should check that the new Form I-94 shows "D/S" as the admit-until date. The order also changes nothing about F-1 employment authorization. The filing windows for post-completion OPT and STEM OPT run as before, and a STEM OPT extension still depends on its own timely filing and training plan.
DHS’s public pages did not yet reflect the order as of September 16. The Study in the States FAQ on the rule, last updated August 31, still describes the fixed periods as taking effect on September 15.
The order reaches only this rule. The separate DHS proposal to end the 60-day grace period for H-1B, L-1, O-1, E and TN workers is on its own track, with comments open until November 10, 2026. The proposed $103,265 H-1B fee closes for comment on September 24. The order does not touch the rules for the H-1B or the O-1.
Next in the duration of status case: an October 2 status conference, then a possible appeal.
The docket holds one scheduled date: an in-person status conference on October 2, 2026 at noon in Courtroom 1 in Boston. A status conference sets the schedule for the rest of the case; it is not a hearing on the rule’s validity, and it is not the date the postponement ends. The stages between here and a final answer on the rule:
| Stage | What happens | Date or status |
|---|---|---|
| 1. Order postponing the rule | The effective date is postponed under 5 USC 705, and DHS and ICE are enjoined from implementing the rule. | September 14, 2026, in force |
| 2. Status conference | The court and the parties set the schedule for the rest of the case. | October 2, 2026, noon, Boston |
| 3. Appeal and stay motion | The government may appeal to the First Circuit and ask either court to stay the postponement while the appeal runs. A stay would let the rule take effect. | None filed as of September 16, 2026 |
| 4. Merits | The plaintiffs can renew their request to strike the rule down. A final judgment could strike the rule down or uphold it. | No date |
An order granting a preliminary injunction can be appealed before the case ends. If the government appeals and a higher court stays the postponement, the rule could take effect with little notice.
What to do while the duration of status rule is postponed.
Nothing in the order requires a filing. The steps below follow from the order, the rule and the regulations in force:
- Check the Form I-94 after any trip. A traveler admitted on or after September 15 should see "D/S" in the admit-until field at i94.cbp.dhs.gov. If the record shows a date instead, contact the DSO or program sponsor about a correction.
- Keep the OPT and STEM OPT calendar. The filing windows for post-completion OPT and the STEM extension did not move.
- Do not file a Form I-539 because a program runs past four years. The school extends the program in SEVIS, as before.
- Talk to the DSO or responsible officer before changing school, level or program. The postponed rule’s limits on transfers and second degrees are not in force, and the current rules run through the school.
- Plan for a reversal. If a higher court stays the order, the rule could take effect with little notice. Keep the rule’s dates in view: the four-year cap, the March 18, 2027 OPT filing exception, and the November 14, 2030 outer date for students already on D/S.
- Watch three places. The docket in No. 1:26-cv-13799, the Study in the States page on the rule, and the school’s international office. The order is temporary, and a later order can modify or end it.
Common questions
No. The 30-day period is part of the postponed rule. Under the regulations in force, an F-1 student has 60 days after completing the program or post-completion OPT to depart, transfer, change status or start a new program. J-1 exchange visitors keep their 30-day period, which the rule did not change.
On the Form I-94 admission record at i94.cbp.dhs.gov. An F, J or I nonimmigrant admitted for duration of status sees "D/S" in the Admit Until Date field instead of a calendar date. The visa stamp shows when the visa can be used to enter, not how long the stay lasts.
No. Post-completion OPT and the 24-month STEM extension run under the current regulations, and the filing windows did not move. The postponed rule would have required an extension of stay for training beyond the four-year cap, with an exception for applications filed by March 18, 2027. None of that is in force.
No. The plaintiffs argued that a 240-day term chills foreign journalists and invites retaliation. The court did not decide the constitutional claim, because it found the Administrative Procedure Act violations enough to postpone the rule. It did note that DHS had not answered the press-freedom comments in the rulemaking.
Yes. The order postpones the duration of status rule; it does not strike it down. The rule could take effect if a higher court stays the postponement during an appeal, if the district court lifts it, or if the government wins the case. A final judgment for the plaintiffs would strike the rule down instead.
Eight plaintiffs sued. From higher education: the Presidents’ Alliance on Higher Education and Immigration, NAFSA and the Association of Independent Colleges and Universities in Massachusetts. From labor: the American Federation of Teachers, the Graduate Labor Organization, the United Auto Workers, UAW Local 2322 and The NewsGuild-CWA. They filed the complaint and the motion on August 18, 2026.
Sources
- Memorandum and Order on Motion for Preliminary Injunction, Dkt. 50, Presidents’ Alliance on Higher Education and Immigration v. DHS, No. 1:26-cv-13799US District Court for the District of Massachusetts, via CourtListener · September 14, 2026
- Preliminary Injunction Order Postponing Effective Date of Final Rule, Dkt. 51US District Court for the District of Massachusetts, via CourtListener · September 14, 2026
- Docket, Presidents’ Alliance on Higher Education and Immigration v. DHS, No. 1:26-cv-13799 (D. Mass.)CourtListener
- Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media, 91 FR 44976 (final rule)Federal Register, Department of Homeland Security · July 17, 2026
- Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure, 90 FR 42070 (proposed rule)Federal Register, Department of Homeland Security · August 28, 2025
- Final Rule: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure, FAQStudy in the States, U.S. Department of Homeland Security · August 31, 2026
- 5 USC 705, Relief pending reviewCornell Legal Information Institute
- 8 CFR 214.2(f)(5), Duration of statusCornell Legal Information Institute
- Trump v. CASA, Inc., 606 U.S. 831 (2025)Cornell Legal Information Institute · June 27, 2025
2–6 months
$8,000–$12,000
