Federal Court Temporarily Blocks DHS Duration of Status Rule for F-1/J-1 Holders
On September 14, 2026, the U.S. District Court for the District of Massachusetts temporarily blocked the Department of Homeland Security's new Duration of Status rule, just one day before it was scheduled to take effect.
In Presidents’ Alliance on Higher Education and Immigration v. DHS, the court granted nationwide preliminary relief and postponed the rule's effective date while the litigation continues.
As a result, the existing Duration of Status, or D/S, framework remains in place for now. The fixed-admission system that had been scheduled to begin September 15 has not taken effect. Yale University's Office of International Students & Scholars has likewise confirmed that the existing D/S framework remains operative while the court order is in place.
The court did not permanently vacate the regulation. Its effective date has been postponed pending further court action or resolution of the case.
ARCFE previously covered the federal lawsuit challenging the rule before its scheduled September 15 effective date.Read ARCFE's earlier D/S lawsuit update
What Would the Duration of Status Rule Have Changed?
Under the longstanding D/S framework, F-1 students and J-1 exchange visitors are generally admitted for Duration of Status rather than until a fixed expiration date. They may remain in the United States while properly maintaining their status and complying with the requirements of their academic or exchange program.
DHS published its final rule on July 17, 2026. The rule would have replaced D/S with fixed periods of admission for F, J and I nonimmigrants. For F-1 and J-1 holders, admission would generally have been tied to the program end date listed on Form I-20 or DS-2019, subject to a maximum of four years.
The rule also introduced a new extension-of-stay process, additional restrictions affecting certain school transfers and academic changes, and would have shortened the standard F-1 post-completion departure period from 60 days to 30 days. Those changes are not currently in effect.
What Does the Court Order Mean for International Students Now?
For the time being, students and exchange visitors should continue following the immigration rules that were in place before September 15.
Issue | Current Status |
Duration of Status (D/S) | Remains in effect for eligible F and J students and exchange visitors. |
Fixed admission periods | The new fixed-period system has not taken effect. |
F-1 60-day grace period | The existing 60-day post-completion period continues to apply to qualifying F-1 students under current rules. |
New transfer and academic restrictions | The restrictions contained in the postponed rule are not currently in effect. |
Extension of Stay under the new system | Students do not currently need to file an extension solely because the new fixed-admission system had been scheduled to begin. |
The F-1 60-day period is not a universal grace period for every status issue. Students who withdraw, fail to maintain status or encounter other immigration problems may be subject to different rules.
A Practical Filing Update: Forms I-765 and I-539
The court order also changed USCIS's planned rollout of revised Forms I-765 and I-539.
USCIS currently continues to accept the 08/21/25 edition of Form I-765 and the 08/28/24 edition of Form I-539. The planned 09/15/26 editions are not currently being accepted while the court order remains in place.
Applicants should always confirm the current edition immediately before filing.
What Should F-1 and J-1 Holders Do Now?
For most international students and exchange visitors, no additional action is required solely because the postponed rule had been scheduled to take effect. Yale OISS has similarly advised students and dependents that the existing D/S framework remains in place while they continue to comply with their program requirements.
Students should still review their individual immigration situation before making significant decisions involving:
international travel;
school transfers;
program extensions or changes;
OPT or STEM OPT; or
a change to another immigration status.
Questions involving individual status, travel or filing eligibility should be reviewed with the school's international student office and, where appropriate, qualified immigration counsel.
For families already considering a longer-term U.S. residence strategy, ARCFE's guide to EB-5 concurrent filing explains how adjustment of status may work for eligible EB-5 applicants already in the United States.
What Happens Next?
The September 14 order provides preliminary relief, not a final resolution of the lawsuit. The rule's effective date remains postponed pending further order of the court or resolution of the case.
For international students and exchange visitors, the immediate takeaway is straightforward: the September 15 fixed-admission system did not take effect, and the existing D/S framework remains in place for now.
ARCFE will continue monitoring the litigation and any subsequent DHS, ICE or USCIS guidance as the case develops.
To learn more about ARCFE’s experience and investment approach, or to evaluate whether EB-5 may fit your family’s immigration plans, request a confidential consultation with the ARCFE team.
Speak with our EB-5 specialist and learn how the program can help you achieve permanent residency. Complete the form and our team member will give you a call back.
This article is provided for general informational purposes only and does not constitute immigration, legal, tax, or investment advice. Immigration rules and agency policies may change, and individual circumstances can produce different results. Applicants should consult qualified immigration counsel before making employment, travel, or status decisions.
Related Resources
