Update — September 29, 2026: The court has now ruled on the request for preliminary relief. On September 14, 2026, U.S. District Judge F. Dennis Saylor IV postponed the effective date of DHS’s final fixed-admission rule under Section 705 of the Administrative Procedure Act. The rule therefore did not take effect on September 15. Duration of Status (D/S) remains in place while the litigation continues.
The ruling is temporary procedural relief, not a final judgment striking down the rule. The court postponed implementation while the case proceeds, so future court or agency action could still change the rule’s status.
What Did the September 14 Court Order Do?
Judge Saylor granted the plaintiffs’ request to postpone the rule’s effective date under APA Section 705 while the underlying legal challenge is litigated. In practical terms:
- The September 15, 2026 implementation did not occur.
- The fixed-admission provisions described in DHS’s July 17, 2026 final rule are not currently operative.
- Duration of Status remains the operative admission framework for F-1, J-1, and I nonimmigrants nationwide.
- The rule was not permanently vacated or struck down — the court postponed its effective date while the case continues, and it can revisit the rule’s validity later.
- The litigation remains pending; no final ruling on the merits has been issued.
Background: What the Hearing Was About
On August 18, 2026, a coalition led by the Presidents’ Alliance on Higher Education and Immigration, joined by NAFSA: Association of International Educators, the Association of Independent Colleges and Universities in Massachusetts, the American Federation of Teachers, and several affiliated unions, filed suit against DHS in the U.S. District Court for the District of Massachusetts. The case is Presidents’ Alliance on Higher Education and Immigration et al. v. U.S. Department of Homeland Security et al., No. 1:26-cv-13799, assigned to Judge F. Dennis Saylor IV.
The plaintiffs asked the court for a stay under APA Section 705 and a preliminary injunction blocking enforcement of the rule against their members while the underlying legality of the rule is litigated. Their core argument: DHS allegedly did not adequately assess the rule’s costs and benefits, did not meaningfully respond to public comments, did not consider less burdensome alternatives, and provided an inadequate comment period before finalizing the change.
A motion hearing was held on September 3, 2026, at 11:00 a.m. ET in Courtroom 1 of the Moakley U.S. Courthouse in Boston. At that time, no written order had yet been issued. The court subsequently ruled on September 14, 2026, as described above.
What the Rule Actually Changes
Since the 1970s, most F-1 students and J-1 exchange visitors have been admitted for “Duration of Status” — meaning they could remain in the U.S. as long as they maintained their status, without a fixed expiration date on their I-94. The final rule published in the Federal Register on July 17, 2026 would replace D/S with a fixed admission period of up to four years, tied to the length of the academic program or exchange visitor program, whichever is shorter. Under the rule as published, CBP would generally issue an I-94 with a specific “Admit Until Date” instead of “D/S,” and anyone needing more time would have to apply for an extension of stay before that date. These provisions are not currently in effect because of the September 14 postponement.
What Is and Isn’t in Effect Now?
The July 17, 2026 final rule remains the published rule at the center of this litigation, but its new fixed-admission requirements are not currently operative. Because the effective date was postponed one day before it was to take effect, no F-1, J-1, or I admission has transitioned to a fixed “Admit Until Date” under this rule. Duration of Status continues to apply to F-1 and J-1 admissions as it did before July 17, 2026.
This does not mean the rule has been abandoned. The postponement is procedural relief tied to the pending lawsuit, and DHS could appeal or the case could otherwise proceed toward a ruling on the merits. Students and exchange visitors should continue to monitor official guidance rather than assume the outcome of the litigation.
What Happened to the New I-539 and I-765 Editions?
DHS and USCIS had prepared new editions of Form I-539 and Form I-765 tied to the planned September 15, 2026 implementation. Because the rule’s effective date was postponed, USCIS has continued accepting the prior editions of both forms rather than requiring the new editions tied to the fixed-admission rule. Applicants should always confirm the currently accepted edition on the official USCIS page for each form before filing.
What Happens Next in the Lawsuit?
The litigation continues. The court has scheduled a status conference for October 2, 2026. That date is a checkpoint in the ongoing case — it is not an expiration date for the September 14 postponement, and the postponement does not automatically lapse if the conference occurs without a new ruling. We are not predicting how the litigation will ultimately be resolved. Duration of Status remains the operative framework for F-1, J-1, and I nonimmigrants unless and until a later court or agency action changes that.
What to Do Now
If you are an F-1, J-1, or I visa holder, Duration of Status currently continues to apply to your admission, and the fixed-admission provisions in the July 17, 2026 rule are not currently in effect. It is still a good idea to talk to your Designated School Official (DSO) or Responsible Officer (RO) if you have questions about how this litigation could eventually affect your program, particularly if your program length exceeds four years. Keep an eye on official guidance from your institution’s international student office and from USCIS and CBP rather than relying solely on news coverage, since the case remains pending. For background on the underlying rule and its transition provisions, see our F-1/J-1 Duration of Status rule guide. For the underlying process and requirements for F-1 status generally, see our F-1 Student Visa Application Process guide and our J-1 Exchange Visitor Visa guide.
Sources: Federal Register, DHS Final Rule (July 17, 2026); Presidents’ Alliance Duration of Status Litigation tracker; CourtListener docket, No. 1:26-cv-13799-FDS; Inside Higher Ed.
