Update, September 29, 2026: The court has ruled. On 14 September 2026 it postponed the rule’s effective date nationwide, so Duration of status (D/S)The period of stay for F, J and I nonimmigrants, who are admitted for as long as they maintain their program or activity rather than until a fixed date. It appears as D/S on Form I-94.See it in the glossary remains in place for now. The article below is the pre-ruling report on the lawsuit. See our court order explainer for the current position.
The rule ending duration of status for F, J and I nonimmigrants was scheduled to take effect on 15 September 2026. The court postponed it on 14 September 2026.
The case
On 18 August 2026, a coalition of education organizations and unions filed a complaint and a motion for preliminary injunction in the U.S. District Court for the District of Massachusetts. The case is Presidents’ Alliance on Higher Education and Immigration et al. v. U.S. Department of Homeland Security et al., No. 1:26-cv-13799.
The plaintiffs are NAFSA: Association of International Educators; the Presidents’ Alliance on Higher Education and Immigration; the Association of Independent Colleges and Universities in Massachusetts; the American Federation of Teachers; Graduate Labor Organization, AFT Local 6516; the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America; UAW Local 2322; and The NewsGuild-CWA.
What they argue
The complaint is built on the Administrative Procedure Act rather than on constitutional grounds. The plaintiffs allege that DHS provided an inadequate comment period, failed to adequately assess the costs and benefits of the regulation, failed to give meaningful consideration to public comments, and that the rule is arbitrary and capricious.
They ask the court to vacate the rule, and separately seek a Preliminary injunctionA temporary court order pausing enforcement of a rule or policy while a legal case is still being decided.See it in the glossary to stop it taking effect while the case proceeds.
In support of the injunction motion, the plaintiffs argue the rule is already causing harm ahead of its effective date, pointing to declarations describing international students who withdrew fall 2026 enrollment and institutions reporting sharp declines in international applications.
The schedule
On 19 August, Judge F. Dennis Saylor IV issued an order setting the briefing schedule. The government’s response to the preliminary injunction motion was due 31 August 2026. An in-person motion hearing was set for 9 September 2026.
That is six days before the rule’s effective date, and six days before USCIS switches to the new editions of Forms I-539 and I-765 that exist to implement it.
What the case led to
On 14 September 2026, the court postponed the rule’s effective date nationwide. Duration of status remains in place while the case continues. A preliminary order does not decide the merits, so the rule could still take effect later depending on how the litigation proceeds. Our court order explainer covers what students can rely on now.