A federal judge in Boston has stopped the Department of Homeland Security’s rule ending “duration of status” (D/S) from taking effect. The rule had been set to begin on September 15, 2026, and the order came one day earlier. On September 14, U.S. District Judge F. Dennis Saylor IV of the District of Massachusetts granted nationwide preliminary relief in Presidents’ Alliance on Higher Education and Immigration et al. v. U.S. Department of Homeland Security et al. (No. 1:26-cv-13799). The order postpones the rule’s effective date while the lawsuit continues. For now, F-1 students, J-1 exchange visitors and I-visa foreign media representatives are still admitted for duration of status, as they have been for nearly five decades.
DHS published the final rule on July 17, 2026. It would have replaced D/S with fixed admission periods: generally a four-year cap for F-1 and J-1 holders and 240 days for I-visa journalists. Anyone who needed more time would have had to file an extension of stay with USCIS. The rule also restricted F-1 students in several ways, including limits on moving to a new program at the same or a lower degree level and on some changes of major or school. A coalition sued on August 18: NAFSA, the Presidents’ Alliance, the Association of Independent Colleges and Universities in Massachusetts, the American Federation of Teachers and its Graduate Labor Organization local, the UAW and UAW Local 2322, and The NewsGuild-CWA. They argued that DHS violated the Administrative Procedure Act by allowing too short a comment period, weighing costs and benefits inadequately and disregarding public comments. The court heard the preliminary-relief motion on September 3.
Law firms describe the order in slightly different terms. WR Immigration calls it a postponement of the effective date under Section 705 of the APA, notes that the court denied the plaintiffs’ request to vacate the rule outright, and stresses that the regulation has been paused, not struck down. Fragomen describes it as a preliminary injunction barring implementation. Either way, the practical effect is the same: DHS cannot put the fixed-admission-period system into effect while the order stands. Fragomen and NAFSA both expect the government to appeal quickly, which could reinstate the rule on short notice.
The order leaves one practical question open. USCIS had announced that new editions of Form I-539 and Form I-765 (edition date 09/15/26), rewritten for the fixed-admission-period rule, would be mandatory from September 15 with no grace period. As of this writing, we could not find updated USCIS guidance on whether those editions are still required now that the underlying rule is on hold. Anyone filing an I-539 or I-765 this week, including OPT and STEM OPT applicants, should check the form’s USCIS page on the day they file.
What this means now: current F-1 and J-1 holders keep their D/S admission and do not need to plan a USCIS extension of stay under the new rule. All existing requirements still apply: maintaining a full course of study or program activity, keeping SEVIS records current, reporting changes and following employment limits. The order does not extend anything that has already expired, such as an OPT or STEM OPT employment authorization document. Schools, employers and students should watch for an appeal and for new guidance from SEVP and USCIS, and avoid travel or program-change decisions that assume the pause is permanent.
Need help with your immigration petition? Visit QuickFiling.us for AI-guided NIW and EB-1A petition preparation.
Source: Federal court order (D. Mass.), via NAFSA / Fragomen / WR Immigration