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A federal judge has frozen the rule that was due to end duration of status today. The
duration of status injunction came from the U.S. District Court for the District of
Massachusetts on 14 September 2026. It postpones the effective date of a Department of Homeland Security
final rule. That rule would have replaced open-ended admission with a fixed term for F-1 students, J-1
exchange visitors and I media representatives. DHS published it on 17 July. It was set to bite on 15
September. For now, it does not.
Inside this story
What the duration of status injunction actually does
Judge F. Dennis Saylor IV granted a nationwide preliminary injunction. The order postpones the rule’s
effective date while the case proceeds. It does not strike the rule down. That distinction matters. DHS can
still defend the rule, and an appeal court could narrow or lift the order.
The court found the plaintiffs likely to succeed on their claim that the rule breached the Administrative
Procedure Act. That statute governs how federal agencies write rules. Courts use it to test whether an
agency explained itself and followed the required process.
The plaintiffs are a coalition rather than a single school. They include NAFSA: Association of
International Educators, the Presidents’ Alliance on Higher Education and Immigration, and the Association
of Independent Colleges and Universities in Massachusetts. Three unions joined them: the American Federation
of Teachers with its Graduate Labor Organization local, the United Auto Workers with UAW Local 2322, and the
NewsGuild-CWA. The union presence reflects how many affected people work as teaching and research staff.
What the blocked rule would have changed
The July rule rewrote a system that has run since 1978. Under duration of status, an F-1 student stays
lawfully while they make progress in their programme. There is no end date stamped on the admission record.
The rule would have replaced that with a date certain.
The headline change was a cap. New admissions would run for the length of the programme or four years,
whichever was shorter. Anyone needing longer would file an extension of stay with U.S. Citizenship and
Immigration Services and show a compelling reason. A pending extension would carry an automatic 240-day
authorisation.
The grace period after finishing a programme would have dropped from 60 days to 30 for F visa holders.
Students who completed one level could move up to a higher degree, but not sideways or down. Graduate
students would have been barred from changing educational level or major at any point. Undergraduates would
have faced that bar in their first year, absent extenuating circumstances. Dependants would have followed
the same fixed-term structure.
Consider a doctoral researcher from India in year five of a six-year programme. Under the old system her
status simply continued. Under the new rule she would have needed an approved extension, filed on time, with
a reason a USCIS officer accepted.
Who the duration of status injunction reaches
The order is nationwide. It is not limited to the plaintiffs or to Massachusetts. Every F, J and I visa
holder in the United States sits under the old framework while it stands.
Harvard’s International Office had spent weeks urging students to be physically inside the country on 15
September. On 14 September it said the rule now has no immediate impact on visas, or on starting an autumn
programme. Other universities issued similar notices. Read institutional guidance rather
than social media summaries, because each school phrases the practical advice differently.
One caution is worth repeating. An injunction is provisional. Travel plans built on the assumption that
the old rules will last all year carry real risk. The advice many advisers gave before the ruling — avoid
non-essential international travel while the litigation runs — has not stopped being sensible.
Where the case goes from here
Three things decide what students face next. The first is whether the government appeals to the First
Circuit and asks for a stay. The second is how the district court rules on the merits, which can take
months. The third is whether DHS withdraws the rule and issues a revised version with a fuller
justification.
Meanwhile the paperwork built for the rule is still arriving. USCIS moved to new editions of Form I-539
and Form I-765 dated 09/15/26, drafted partly around the fixed-term framework. Our companion piece on the
new USCIS form editions taking
effect today sets out what to file and when. We also covered
the rule itself when
its effective date was still standing, and the separate
public charge test arriving
on 18 September, which is not affected by this order.
Common questions about the ruling
Is the duration of status rule dead?
No. A court has postponed its effective date while litigation continues. The rule still exists and the government can defend it.
Do I still get an open-ended admission?
While the injunction stands, yes. F and J admissions continue under duration of status rather than a date-certain I-94.
Does this change my 60-day grace period?
The cut from 60 days to 30 for F visa holders was part of the blocked rule. It is not in force while the order stands.
Should I travel internationally now?
Speak to your designated school official first. An injunction can be stayed on appeal, and the rules at the moment of re-entry are what count.
Which court issued the order?
The U.S. District Court for the District of Massachusetts, in a case brought by NAFSA, the Presidents’ Alliance, AICUM and several unions.
Sources
- Harvard International Office — 2026 D/S Rule Change, updated 14 September 2026. https://www.hio.harvard.edu/visas-immigration/ds-rule-change
- Federal Register — Establishing a Fixed Time Period of Admission…, 17 July 2026. https://www.federalregister.gov/documents/2026/07/17/2026-14439/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant
- Fragomen — District Court Postpones Implementation of DHS Final Rule. https://www.fragomen.com/insights/united-states-district-court-postpones-implementation-of-dhs-final-rule-eliminating-duration-of-status-for-f-j-and-i-nonimmigrants.html
- Presidents’ Alliance — Duration of Status Litigation. https://www.presidentsalliance.org/duration-of-status-litigation/
- Inside Higher Ed — Judge Blocks Controversial International Student Restrictions. https://www.insidehighered.com/news/global/international-students-us/2026/09/14/judge-blocks-controversial-international-student
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