One day before it was set to take effect, a federal district court blocked the DHS rule ending “duration of status” (D/S) for F-1, J-1, and I nonimmigrants. On September 14, 2026, Judge F. Dennis Saylor IV (D. Mass.) entered a nationwide preliminary injunction barring DHS and ICE from implementing the rule while the litigation proceeds. D/S remains the governing framework.
What the rule would have done
As explained in our previous article the new F-1 rule would:
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Replace open-ended D/S admission with a fixed admission period tied to the program end date, capped at four years;
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Require students needing more time to file an extension of stay with USCIS;
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Cut the post-completion grace period from 60 days to 30;
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Require students to switch to a higher level of education, essentially reducing the number of Day 1 CPT students who typically study for a second master’s degree; and
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Exposing students to unlawful presence accrual beginning the day after I-94 expiration absent a timely filing.
What the court held
A coalition of university groups and labor unions sued on August 18, 2026, and the court found the plaintiffs likely to succeed in showing the rule is arbitrary and capricious under the APA, an inadequate cost-benefit analysis and a failure to engage with public comments. Furthermore, it found immediate, irreparable harm. Relief is nationwide, not limited to the named plaintiffs, which is great news for the Immigration community.
What this means right now
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F-1 and J-1 admissions continue under D/S. No fixed end dates on I-94s.
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No extension-of-stay filings with USCIS to cover program length. Program extensions stay a DSO/I-20 function.
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The 60-day F-1 grace period remains in place.
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Our Day 1 CPT analysis (The New F-1 Rule Ending Duration of Status: What It Means for Day 1 CPT, July 28, 2026) assumed the rule was in force. Those restrictions, including the bar on a second master’s at the same level, are on hold, not gone.
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Students will not accrue unlawful presence unless there is a specific finding by USCIS or an Immigration Judge.
What it does not mean
This is preliminary relief, not a final judgment. Most likely the government will appeal, which means watching this space and looking out for further updates. This is a fluid situation, but for now students can breathe a sigh of relief.
Conclusion
For now, the status quo remains: D/S survives, the 60-day grace period remains intact, and the new restrictions are on hold. But this is a preliminary injunction, not the end of the case. An appeal is likely, and the landscape could change quickly. For International students, this is a significant win, but one to watch closely.
For questions regarding the above, please reach out to PSBP Law Partner Chris Prescott at cprescott@psbplaw.com.