Litigation Update: Judge Blocks New Duration of Status Rule
By Amber Davis, Principal Attorney at Waypoint Immigration USA, and Kate Luther
Last updated: October 7, 2026
On Monday, September 14th, Judge Dennis Saylor of the U.S. District Court in Massachusetts granted a preliminary injunction in the recent case against the Department of Homeland Security (DHS) for the newly proposed Duration of Status (D/S) rule (see Presidents' Alliance on Higher Education and Immigration et al. v. U.S. Department of Homeland Security et al).
This injunction stops the implementation of the rule while the litigation challenging it continues. The judge found that the plaintiffs were likely to succeed on their claims that this new Final Rule violated the Administrative Procedure Act (APA), and that the agency had failed to show how the new rule would have any meaningful impact on goals like enhancing national security, reducing fraud, and preventing overstays.
The court also found that DHS failed to adequately address close to 22,000 public comments submitted during the rulemaking process, and did not give reasonable consideration to any less-restrictive alternatives that had been proposed.
What This Means Going Forward
While the injunction is temporary (so it doesn’t block the rule permanently), it is in place until “further notice.”
That means there is no fixed expiration date. The injunction applies nationwide and will remain in effect as the lawsuit continues. DHS has appealed this ruling, and the appellate court could vacate the injunction if they find it’s warranted, but that hasn't happened so far.
Barring that, the injunction will stay in place until this case is decided.
A status conference was held on October 2nd. The plaintiffs are pushing for an expedited trial, and DHS is asking the court to suspend any further proceedings until the appellate court can review the appeal.
Until a decision is reached in the District Court (or until/unless the appellate court rules otherwise) the current Duration of Status rules continue to apply. There is no statutory cap on the number of years you can remain in the U.S. under an F-1 visa.
As long as you maintain your F-1 status and you are properly enrolled in a qualifying educational program (OPT and STEM OPT included), you can stay.
Note: Certain forms (I-539, I-765, and I-485) had already been updated by USCIS in anticipation of this status. While the injunction remains in place, continue to use the previous version of the forms.
What is Duration of Status?
Duration of Status (D/S) is the legal process that allows international students and exchange visitors to stay in the United States for an indeterminate amount of time, as long as they maintain legal status and are pursuing their educational goals.
This enables students to stay for the full duration of their academic program, including any post-graduation work program (like OPT and STEM OPT). It also includes a 60-day grace period that allows the student to make arrangements to leave the country or transfer to a different visa once their academic endeavors are complete.
Students can change majors, transfer to a different university, and pursue multiple degrees under D/S, as long as they keep their documents updated with USCIS. No formal extension is necessary.
Under the new rule that was set to take effect on September 15th, incoming students (and those that traveled out of the country) would receive a fixed term of duration, capped at four years or the end of the student’s academic program, whichever was shortest.
Any additional time beyond the four years (Including that for OPT and STEM OPT) would have to be formally requested by filing an I-539 (Change or Extension of Status). This would result in additional filing fees, and there’s no guarantee that the extension would be approved.
In addition, the 60-day grace period would be shortened to 30 days.
What Happens Next?
DHS filed it's appeal on September 30th. That gives the government a 14-day window to submit initial docketing and appearance forms. The government would then have an opening brief due within 40 days, and the plaintiffs' response would be due 30 days thereafter.
This appeal is currently for the injunction only, as the case in the District Court is still underway.
The District Court does still maintain jurisdiction while the appeal is considered, and the plaintiffs have asked the court to ignore the pending appeal and move toward a final summary judgment. This would make the temporary injunction a permanent vacatur. DHS has requested the court pause the proceedings until the appellate court has time to review their appeal. The judge is currently considering both arguments.
We will update this post as new information becomes available.
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