Foster LLP previously reported on the Department of Homeland Security’s (“DHS”) new rule replacing the longstanding “duration of status” (D/S) framework for F-1 students, J-1 exchange visitors, and I visa journalists with fixed admission periods and a new extension of stay process. That rule had been scheduled to take effect on September 15, 2026. 

In a significant development, the U.S. District Court for the District of Massachusetts has issued a nationwide preliminary injunction blocking implementation of the rule while litigation proceeds. In Presidents’ Alliance on Higher Education and Immigration, et al. v. U.S. Department of Homeland Security, et al., the court found that the plaintiffs are likely to succeed on their Administrative Procedure Act claims, concluding that DHS likely failed to adequately justify the rule through its analysis, consideration of alternatives, and response to public comments. The court also determined that the plaintiffs demonstrated a likelihood of irreparable harm and that the balance of equities and public interest supported postponing the rule’s effective date pending further litigation. 

As a result, the court ordered that the effective date of the rule be stayed on a nationwide basis while the case proceeds. Therefore, the existing duration-of-status framework for F, J, and I visa holders remains in place for now. The litigation will continue on the merits, and further proceedings may determine whether the rule is ultimately upheld, modified, or set aside. It is anticipated that DHS will appeal the court’s decision.  

Following the court’s injunction, the status of the form revisions associated with the elimination of D/S rule, including the September 15, 2026 editions of Forms I-539 and I-765 remains uncertain, but it appears unlikely that they will go into effect today. USCIS has not yet issued public guidance addressing the impact of the injunction on these planned form updates, and stakeholders should monitor for further agency announcements. 

Foster LLP will continue to track developments surrounding the implementation of the new fixed-term admission framework and will provide updates and practical guidance through Immigration Updates©, articles, and blogs at www.fosterglobal.com.