On September 14, 2026, the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction that postpones the Department of Homeland Security’s final rule that would eliminate the “Duration of Status” (D/S) framework for F-1 students and J-1 exchange visitors.

As part of the implementation of the now blocked final rule, USCIS had released new editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, which were scheduled to become mandatory on September 15, 2026.

However, in response to the injunction, USCIS announced that it will continue to accept the 08/28/2024 edition of Form I-539, and the 08/21/2025 edition of Form I-765. USCIS also confirmed that it will not accept the 09/15/2026 edition of either form while the court’s order remains in effect.

What Does This Mean?
The current Duration of Status (D/S) regulation remains in place for the time being. Under the existing D/S framework, F-1 students and J-1 exchange visitors are allowed to stay in the United States for the duration of their authorized program, rather than a fixed period tied to a specific expiration date on their I-94 record.

The blocked rule would have ended this system and replaced it with fixed periods of admission that would require F-1 students and J-1 exchange visitors to file extension applications with USCIS to extend the period of authorized stay.

For now, existing D/S admission procedures remain unchanged. This decision is particularly significant for healthcare employers and educational institutions that rely heavily on international students and trainees.

What Happens Next?
The court’s order postpones implementation of the rule but does not permanently invalidate it. The Department of Homeland Security has 60 days to respond and appeal the stay.

MU will continue monitoring developments in this litigation and provide updates as additional information becomes available.