Elimination of Duration of Status (D/S) Rule Postponed Following Court Ruling


September 15, 2026

On September 14, 2026, the U.S. District Court for the District of Massachusetts issued a preliminary injunction in Presidents' Alliance on Higher Education and Immigration, et al. v. DHS. Under the Administrative Procedure Act, this ruling temporarily halts the implementation of the Department of Homeland Security's Duration of Status (D/S) rule.
What this means:

  • DHS and ICE are legally barred from taking any further steps to implement the D/S rule while litigation is active.
  • This is a preliminary decision, not a final resolution; the legal landscape may shift as the lawsuit progresses.
  • Consequently, all upcoming changes regarding elimination of D/S are suspended until further notice, and no immediate action is required at this time.

As a reminder, the rule (had it taken effect) would have:

  • Replaced open-ended D/S admission with a fixed expiration date on Form I-94, capped at four years.
  • Required students needing more time (including those on OPT/STEM OPT) to file a formal Extension of Stay application with USCIS or regain legal status by departing and re-entering the U.S. 
  • Reduced the F-1 post-completion grace period from 60 to 30 days.
  • Introduced new restrictions on transfers and changes to major/educational levels. 

We will continue to monitor the litigation and provide updates as soon as new information becomes available.
 

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