On September 14, 2026, a federal court in Massachusetts issued a preliminary injunction postponing the effective date of a Department of Homeland Security (DHS) final rule that would have replaced duration-of-status (D/S) admissions for F, J, and I nonimmigrants with fixed admission periods beginning September 15, 2026. The ruling preserves the existing D/S framework while the litigation proceeds, affecting students, exchange visitors, foreign media representatives, sponsoring institutions, and employers.
In granting preliminary relief, the court found that the plaintiffs were likely to succeed on the merits of their Administrative Procedure Act claim. That finding is preliminary and does not constitute a final ruling on the validity of the rule. The court scheduled a status conference for October 2, 2026.
The order enjoins DHS from taking further action to implement the rule while litigation proceeds. The court denied requests for vacatur (invalidating the rule) and summary judgment without prejudice, meaning those requests may be renewed later in the course of litigation.
Practitioners recommend that employers coordinate with immigration counsel and affected employees before making status, travel, or filing decisions that assume the fixed admission period rule is in effect, since D/S remains the controlling framework. Employers who sponsor F, J, or I visa holders should notify their HR teams, hiring managers, and affected employees that current D/S rules remain in effect until further notice. This update does not change any prior requirements regarding F-1 employment authorization, such as filing timeframes to apply for post-completion Optional Practical Training (OPT) or STEM-OPT extensions, and it does not change I-9 requirements for these forms of employment authorization. Employers, designated school officials, exchange visitor program officers, and international offices are advised to confer with immigration counsel to identify which steps remain appropriate under the current framework.
