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D/S Final Rule Blocked One Day Before September 15

2 min read
9/14/2026
Judge Blocks Rule Ending Duration of Status for Students

ChatGPT Image Sep 15, 2026, 01_10_02 AM

A federal judge blocked a major Department of Homeland Security rule that would have ended the “duration of status” system for international students, exchange visitors, and foreign journalists. The ruling came on September 14, 2026, one day before the new system was scheduled to take effect.

The decision prevents an immediate shift to fixed admission periods that could have required many F-1 and J-1 visa holders to apply for extensions if their programs lasted beyond their authorized stay.

Court Halts September 15 Rule

U.S. District Judge F. Dennis Saylor in Boston blocked the Trump administration from implementing the DHS rule scheduled to take effect on September 15, 2026.

Reuters reported that Saylor ruled in favor of a coalition of unions and higher-education and immigration organizations challenging the regulation.

The lawsuit was filed on August 18, 2026, in the U.S. District Court for the District of Massachusetts. Plaintiffs include the Presidents’ Alliance on Higher Education and Immigration, NAFSA: Association of International Educators, the American Federation of Teachers, the United Auto Workers, and The NewsGuild-CWA, among other organizations.

What DHS Had Planned

DHS published the final rule on July 17, 2026. It would have replaced the longstanding “duration of status,” or D/S, framework for F, J, and I nonimmigrants with fixed periods of admission.

Under the existing D/S framework, eligible international students and exchange visitors can generally remain in the United States while they continue to comply with the conditions of their status and participate in their authorized academic, training, or exchange program.

The new rule would instead have tied admission to a specific end date.

For F and J nonimmigrants, the fixed admission period generally could not exceed four years. Individuals needing additional time to complete an eligible program would have faced a new extension-of-stay process.

DHS said the change would give immigration authorities more opportunities to review whether nonimmigrants were continuing to maintain lawful status.

What It Means for International Students

The court’s decision stops the September 15 rollout while the order remains in effect.

That is particularly significant for international students in longer graduate programs, researchers, and other visa holders who could have needed additional immigration filings simply because their academic or exchange programs extended beyond a fixed admission date.

For now, the existing duration-of-status framework remains the immediate reference point. International students must still follow all requirements attached to their F-1 or J-1 status, including maintaining an authorized program and complying with applicable academic and employment rules.

The ruling does not necessarily end the broader legal dispute over fixed admission periods. Further court proceedings and any response from the federal government could determine whether the rule is permanently blocked, modified, or allowed to take effect at a later date.

Sources

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