Short answer: the duration of status lawsuit, Presidents’ Alliance v. DHS, is still pending, and D/S stays in place for now. The DHS rule would have ended D/S for F, J, and I visa holders. On September 14, 2026, a federal court in Massachusetts blocked it nationwide, so it did not take effect on September 15. We update this page as new filings reach the docket.
Latest status (September 25, 2026): The injunction remains in force. The last docket entry is dated September 14. Through the evening of September 24 (Eastern Time), the docket shows no appeal and no motion to stay the order. The court has set a status conference for October 2 at noon. USCIS accepts the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765, not the 09/15/26 editions.
What you will find in this article
- Every filing and ruling, with dates
- Why the judge blocked the rule, and for whom
- What the blocked rule would have changed
- The rules and form editions that apply today
- The appeal window, the October 2 hearing, and next steps
Quick overview
| Question | Short answer |
|---|---|
| Is D/S still in effect? | Yes. The rule never took effect, so F, J, and I holders keep D/S. |
| Who does the order cover? | Everyone nationwide, not just the plaintiffs’ members. |
| Has the government appealed? | Not as of the evening of September 24. |
| What is the next date? | A status conference on October 2, 2026, at noon. |
| Which form editions? | I-539: 08/28/24. I-765: 08/21/25. Not 09/15/26. |
| F-1 grace period? | Still 60 days. The rule would have cut it to 30. |
Duration of status lawsuit timeline
Document numbers refer to case No. 1:26-cv-13799 in the District of Massachusetts.
| Date | Development | Source |
|---|---|---|
| Aug. 28, 2025 | DHS proposes ending D/S. About 22,000 comments follow in 32 days. | 90 FR 42070 |
| July 17, 2026 | Final rule published (FR Doc. 2026-14439, 91 FR 44976), effective September 15. | Federal Register |
| Aug. 18, 2026 | Eight organizations sue and ask the court to stop the rule. | Doc. 1 |
| Aug. 19, 2026 | Judge F. Dennis Saylor IV sets a briefing deadline and a September 3 hearing. | Doc. 15 |
| Aug. 25-31, 2026 | Twenty states, D.C., and two higher education associations (AAU and AAMC) file amicus briefs for the plaintiffs. | Doc. 21, Doc. 44 |
| Sept. 2, 2026 | The government files its opposition. | Doc. 46-1 |
| Sept. 3, 2026 | Hearing held. The judge takes the motion under advisement. | Doc. 47 |
| Sept. 14, 2026 | The court postpones the effective date and bars DHS from implementing the rule nationwide. | Doc. 50, Doc. 51 |
| Sept. 14, 2026 | Status conference set for October 2 at noon. | Doc. 52 |
| Sept. 17, 2026 | Archived USCIS alert: the older form editions stay in use. | USCIS I-765 page |
| Sept. 24, 2026 | No new docket entries since September 14. | Docket |
Why the court blocked the duration of status rule
Judge Saylor found that the plaintiffs are likely to win their Administrative Procedure Act (APA) claim. In his view, DHS acted arbitrarily and capriciously in four ways:
- It did not reasonably weigh costs and benefits, and it made no real effort to quantify the likely drop in international enrollment.
- It brushed aside milder alternatives, such as upgrading SEVIS or tying admission to program length.
- It left major comments unanswered, for example on Ph.D. timelines and press freedom.
- It did not connect the four-year cap to its security and fraud goals.
Citing Trump v. CASA, the government argued that relief should cover only the plaintiffs. The court disagreed. The plaintiffs represent almost 600 institutions out of more than 5,000 nationwide, it noted, and a party-specific order would create “chaos and confusion.”
The order is not final. The court denied vacatur and summary judgment for now, but the plaintiffs may renew those requests. Our first-day guide for F-1 and J-1 students covered the immediate steps. The form guidance below is current.
What the blocked rule would have changed
The rule would have replaced open-ended D/S admission with fixed end dates. Its main provisions:
- F and J: admission through the program end date on the I-20 or DS-2019, capped at four years
- F-1 grace period: 30 days instead of 60 after a program or OPT ends
- I visas: up to 240 days per admission (90 days for PRC passport holders, other than Hong Kong and Macau)
- Extensions: a discretionary USCIS extension of stay or reentry after travel, with no appeal from a denial
- Academic mobility: no field changes for graduate students, transfers only with an SEVP exception, and no new program at the same or a lower level
- Language training: a 24-month limit
People in D/S on September 15 could have stayed until their document end date, up to four years. We explained how the four-year limit would have worked before the ruling. That timeline is now on hold.
Duration of status today: F-1, J-1, and I rules
USCIS says it will follow the previous regulations while the order stands. So the pre-September 15 rules still apply.
F-1 students
Your I-94 still shows “D/S,” and you keep status while you study full time or do authorized practical training. The 60-day grace period after your program or OPT remains. If you need more time, your DSO extends your program, and you do not file Form I-539. Transfers and level changes follow the old rules. New students in the F-1 visa process in 2026 still enter in D/S.
J-1 exchange visitors
J-1 holders stay through the DS-2019 program dates plus 30 days. Extensions run through the sponsor, which issues a new DS-2019. Under the rule, researchers and physicians in programs over four years would have needed USCIS extensions.
I visa holders
Foreign media representatives may stay as long as their assignment lasts, though PRC passport holders face a separate cap. The rule’s 240-day limit does not apply.
Forms and SEVIS: which editions to use
We read the alert on the USCIS Form I-765 page in an archived September 17 copy. USCIS accepts the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765, but not the 09/15/26 editions. DHS adds that it strongly disagrees and will move to implement the rule if the order is lifted.
Some mid-September articles said only the 09/15/26 editions would work after September 15. That is no longer accurate. Check the USCIS form page on the day you mail, including for B2 visa extensions on Form I-539.
One more trap: since September 15, the eCFR has shown the new text of 8 CFR 214.2. DHS has also published no Federal Register notice of the postponement. That text does not apply while the order stands.
In Broadcast Message 2608-03 of August 31, SEVP announced SEVIS changes for the rule, starting September 14. We found no later SEVP broadcast about the ruling. An archived September 21 copy of ICE’s SEVP page still did not mention it. If your I-20 shows an extension of stay section, ask your DSO.
What comes next in the duration of status lawsuit
October 2 status conference. The court scheduled an in-person conference for Friday, October 2, at noon in Courtroom 1. The docket lists no agenda, and the date is not an end date for the injunction.
Appeal. When the United States is a party, it has 60 days to appeal. For the September 14 order, that window closes on November 13, 2026. The government can also ask the district court, then the First Circuit, for a stay pending appeal.
The merits. The plaintiffs may renew their requests for vacatur and summary judgment. We will log any new schedule or ruling here. The same week also brings other October 1 immigration changes.
Common mistakes about the duration of status lawsuit
- Assuming the rule took effect on September 15
- Filing Form I-539 or I-765 on the 09/15/26 edition
- Treating the new text on eCFR as current law
- Filing an unnecessary I-539 for a program extension
- Assuming the ruling also paused SEVP’s CPT restrictions
- Mixing up the proposed end of the 60-day grace period for certain work visas with the F-1 grace period
Short checklist
- Does your latest I-94 show “D/S”?
- Do you know the program end date on your I-20 or DS-2019?
- Need more time? Have you contacted your DSO or sponsor early?
- Did you check the form edition on filing day?
- For OPT, are you using the 08/21/25 edition of Form I-765?
- Have you timed any travel around October 2 and a possible appeal?
Frequently asked questions
Has the government appealed the duration of status ruling?
Not as of the evening of September 24. DHS strongly disagrees with the order, and law firms expect an appeal. We will add the date here if one is filed.
What happens if the injunction is lifted?
DHS says it will move to implement the rule but has announced no new effective date or transition period. Once the rule applies, F and J holders entering the country would get fixed I-94 dates.
Does the lawsuit affect my OPT application?
Not today. You file the 08/21/25 edition of Form I-765, with no separate I-539. The rule would have required an extension of stay in some OPT cases. SEVP’s CPT scrutiny and the proposed OPT fee are separate issues.
Did the court also stop SEVP’s CPT restrictions?
No. SEVP’s August 2026 CPT messages are not part of the D/S rule, so the order does not reach them. Before accepting CPT, confirm that your program requires the training.
Is it safe to travel abroad right now?
The order binds DHS, including CBP, so D/S admission should continue while it stands. Check your I-94 after you return, and contact your DSO if it shows a date. If the order is lifted while you are abroad, you may get a fixed date on return.
When is the next hearing in the duration of status lawsuit?
The October 2, 2026, status conference at noon in Boston. The court heard argument on the injunction on September 3.
Conclusion: the duration of status lawsuit continues, and D/S stays for now
The September 14 injunction preserved D/S, but the duration of status lawsuit is far from over. The next fixed date is October 2, and the appeal window runs to November 13. For now, the old rules and the older form editions apply. Keep your documents current and check this page for updates.
If the case could affect your status, OPT plans, or travel, contact Clinch Law to review your situation.
Legal information notice
This content provides general information only. It does not constitute legal advice, create an attorney-client relationship, or guarantee any outcome. The litigation, the court order, and USCIS practice can change quickly. Legal information checked on: September 25, 2026.
