Current as of September 15, 2026: This litigation and the related agency practice may change quickly. Review the latest court record and USCIS instructions before filing or traveling.
A federal court has issued a duration of status injunction that keeps the familiar D/S framework in place for F-1 students and J-1 exchange visitors, at least for now. On September 14, 2026, the U.S. District Court for the District of Massachusetts postponed the effective date of the Department of Homeland Security’s fixed-period admission rule. The court also barred DHS and ICE from implementing the rule while the case continues.
The decision does not permanently erase the rule. The court declined, without prejudice, to vacate the rule or enter summary judgment at this stage. As a result, students should avoid making rushed program decisions. At the same time, they should monitor their Forms I-94, I-20 or DS-2019 and use the correct USCIS form editions.
What did the court decide about duration of status?
DHS published a final rule establishing fixed periods of admission on July 17, 2026. It would replace duration-of-status admission for F, J and I nonimmigrants with a fixed “admit until” date. The rule was scheduled to take effect on September 15. In general, an F-1 or J-1 admission would have followed the program document but would usually have been capped at four years for one admission period. A person who needed more time would have had to request an extension of stay from USCIS.
The Presidents’ Alliance, NAFSA, AFT, UAW and other organizations challenged the rule in Massachusetts federal court. Judge F. Dennis Saylor IV granted interim relief on September 14 under Section 705 of the Administrative Procedure Act. NAFSA’s September 14 litigation statement says the relief operates nationwide and preserves the existing D/S framework while the lawsuit proceeds.
The scope of that ruling matters. The court postponed the rule and stopped implementation; it did not finally resolve every legal claim. The government may appeal or seek a change in the order. A status conference set for October 2, 2026 also confirms that the litigation remains active.
What remains in effect on September 15, 2026?
An F-1 or J-1 nonimmigrant does not lose status merely because September 15 has arrived. Under the framework that remains in force, a person whose Form I-94 shows “D/S” may remain for the duration of the authorized program or activity, as long as that person continues to comply with the terms of status. For an F-1 student, those terms may include a full course of study and only authorized employment. A J-1 exchange visitor must follow the program sponsor’s requirements and the Form DS-2019.
The existing 60-day preparation period after an F-1 program or authorized practical training also remains in place. J-1 exchange visitors generally have a separate 30-day preparation period under the existing rules. Because the enjoined rule’s new F-1 departure period did not take effect, it would be inaccurate to describe both classifications as having the same grace period.
D/S does not mean that a visa stamp lasts forever. A visa is primarily a document used to seek admission. Status governs a person’s stay inside the United States. Someone may remain in valid status after a visa stamp expires, yet may need a valid visa and current program documents to return after travel abroad.
What would the blocked rule have changed?
The final rule would have placed a specific end date on Form I-94 instead of D/S. Students in programs longer than four years, or those planning OPT, STEM OPT or another authorized activity beyond the admission period, could have needed a centralized USCIS extension-of-stay process. The four-year figure was not a lifetime limit on education. Instead, it was the general maximum for one admission period. Still, the system would have added filing, fee, biometrics and processing-time concerns.
The rule also would have reduced the F-1 preparation period from 60 days to 30 days. It included further restrictions involving academic mobility, program changes and beginning a new program at the same or a lower educational level. Those provisions are not operating today. They could return if the court order is lifted or changed on appeal.
Accordingly, older articles stating that D/S would definitely end on September 15 are no longer current. Clinch Law’s earlier article, F-1 Duration of Status Ends September 15, should carry a prominent update explaining the injunction and should link readers to this article.
Why Forms I-765 and I-539 still require attention
The injunction addresses the duration-of-status rule. USCIS form-edition requirements must be checked separately. USCIS released 09/15/26 editions of Form I-765 and Form I-539 on September 15, 2026. The filing notices on those official form pages state that filings postmarked or electronically submitted on or after September 15 must use those editions. There is no grace period for the older versions.
That can seem counterintuitive because USCIS developed the forms to align with the final rule that the court later postponed. Nevertheless, applicants must follow the edition and filing instructions displayed by USCIS. If a question or instruction needs adjustment after the injunction, USCIS may issue additional guidance. Until then, applicants should use the current forms and read the current instructions closely.
An F-1 student preparing Form I-765 for OPT or STEM OPT should not rely on an old PDF saved to a laptop. The same caution applies to anyone using Form I-539 to request an extension, change of status or reinstatement. Download a fresh form on the filing date. Confirm the edition at the bottom of every page, and make sure pages from different editions have not been mixed.
A practical checklist for F-1 and J-1 holders
- Download your most recent Form I-94 from CBP and confirm the classification and D/S notation.
- Compare the program dates on Form I-20 or DS-2019 with the school or sponsor record.
- Report address, school, program and authorized-employment changes through the proper DSO or responsible officer process.
- Do not wait until the last day to plan OPT, STEM OPT, a program extension or a change of status.
- If filing Form I-765 or I-539, confirm the 09/15/26 edition and the instructions posted that day.
- Before international travel, review visa validity, passport validity, the travel signature and any pending application.
- Continue monitoring the case because an appellate ruling may alter the current position quickly.
Long-term planning should not depend on this lawsuit alone. Depending on the person’s record and goals, H-1B, O-1A or permanent-residence strategies may deserve a separate review. Clinch Law’s EB-2 NIW profile guide can help readers understand one possible framework. None of these options automatically extends D/S, and each has distinct legal requirements.
Frequently asked questions
Did the court permanently cancel the D/S rule?
No. The September 14 order postponed the effective date and blocked implementation on an interim basis. The court has not entered a final judgment vacating the rule on the merits.
Did the F-1 grace period fall from 60 days to 30 days?
No. Because the fixed-period rule did not take effect, the existing 60-day F-1 preparation period remains in place for now. J-1 programs generally use a different 30-day preparation period.
Must a person whose I-94 shows D/S obtain a new end date?
The injunction does not require a new I-94 date merely because September 15 arrived. Travel, readmission, a status change or an individual compliance issue may still affect the answer.
Can I file an older I-765 or I-539 on September 15?
USCIS states that a filing postmarked or submitted electronically on or after September 15, 2026 must use the 09/15/26 edition. An obsolete edition may lead to rejection or return.
Is international travel now risk-free?
No. The injunction addresses one rule. Visa validity, travel signatures, pending applications, prior status issues and separate entry restrictions still matter.
Bottom line
As of September 15, 2026, duration of status remains in place. F-1 and J-1 holders were not automatically converted to the new four-year admission framework, and the proposed 30-day F-1 preparation period did not begin. However, the lawsuit is unfinished and USCIS form editions changed on the same date.
Students and exchange visitors should keep their program records current, verify every USCIS form edition on the filing date and obtain individualized advice before making travel or status decisions that cannot easily be reversed.
Legal information notice
This article provides general information and does not create an attorney-client relationship or offer legal advice for a specific case. Outcomes depend on immigration history, program facts, travel, filing category and current government practice. No result or approval is guaranteed.
