A United States federal court in Massachusetts in the case of Presidents Alliance on Higher Education and Immigration v. DHS  has issued a preliminary injunction postponing indefinitely the US Department of Homeland Security’s (DHS’) Final Rule that would have taken effect on September 15, 2026, and would have changed the admission period for nonimmigrants who enter the United States in F (student), J (exchange visitor), and I (foreign correspondent) status. The Final Rule eliminated the “duration of status” (D/S) admission policy that has been in place for nearly 50 years. With a D/S admission, individuals are admitted for an indefinite period of time and can remain in the US as long as they are complying with the terms of F-1, J-1, or I-1 status. If the Final Rule had taken effect, F-1 students and J-1 nonimmigrants would have been admitted for a fixed period of up to four years, with an expiration date (Admit Until Date) listed on their Form I-94s, rather than D/S. We reported on this Final Rule, which also imposed restrictions on the ability of foreign students to change their academic program, transfer schools, or continue their education in the US, in our Alert on July 20, 2026.

While the injunction remains in place, F-1, J-1 and I-1 nonimmigrants will continue to be admitted for D/S periods of stay.  DHS has indicated on its website that it “strongly” disagrees with the injunction, and it is likely that it will file an appeal with a higher court very soon.  If this appeal is upheld, the Final Rule may become effective immediately or with very little notice, and D/S admissions will no longer be granted.

One incidental effect of the injunction is that the 9/15/2026 versions of Form I-539 Application to Extend/Change Nonimmigrant Status and Form I-765 Application for Employment Authorization that would have become mandatory starting September 15, 2026, will not be required; USCIS has indicated on its website that it will continue to accept the 8/28/2024 version of Form I-539 and the 8/21/2025 version of Form I-765 and will not accept the 9/15/2026 versions of these forms.  The new version of Form I-485 Application to Register Permanent Residence or Adjust Status that will be required on or after September 18, 2026, is not affected by the injunction.