Federal Ruling Postpones Implementation of DHS Rule To Eliminate D/S
A federal district court in Massachusetts has temporarily postponed the Department of Homeland Security (DHS) rule seeking to replace duration of status (D/S) for F and J students and scholars with fixed periods of admission initially scheduled to become effective September 15, 2026. The nationwide preliminary relief is not a final ruling on the lawsuit but, the court found that the plaintiffs are likely to succeed on the merits of their case and has paused the rule from taking effect while the underlying lawsuit continues. This means F and J nonimmigrants will retain duration of status (D/S) expirations on their I-94s and all existing F and J regulations will remain in place.
On August 18, a coalition of educational organizations and unions – including NAFSA, the Presidents’ Alliance on Higher Education and Immigration, the American Federation of Teachers, and the UAW – filed a lawsuit in the federal district court alleging that the D/S rule violates the Administrative Procedure Act (APA). The legal challenge asserts that DHS provided an inadequate comment period and failed to adequately assess the costs and benefits of the regulation.
The federal government is expected to appeal the court decision which could result in rule implementation with little notice.
ISSO will continue to update the overview of this rule and to communicate directly to international students and scholars and other university stakeholders to update them as litigation continues.
Register to join us for our next Town Hall on Wednesday, September 23, 2026 at 4PM for the latest news regarding the prospective rule change and ongoing litigation.