Update, September 15, 2026: The rule this article covers has been blocked. See how that changes filing rules for Form I-765 and Form I-539 below.
A federal court has stopped the rule that would have replaced duration of status with fixed admission periods for F, J, and I nonimmigrants, one day before it was due to take effect. On September 14, 2026, the U.S. District Court for the District of Massachusetts preliminarily enjoined the Department of Homeland Security from implementing the rule, in Presidents’ Alliance on Higher Education and Immigration v. DHS, 1:26-cv-13799 (D. Mass.). The rule, published at 91 Fed. Reg. 44976 on July 17, 2026, was scheduled to take effect September 15.
The order means F-1 students, J-1 exchange visitors, and I nonimmigrant media representatives keep their current 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 admission for now. The fixed four-year admission period the rule would have created, along with its new extension of stay process, does not go into effect while the injunction stands.
What USCIS is doing with the affected forms
The rule change was tied to new editions of Form I-765 and Form I-539, both dated 09/15/26, which USCIS had planned to require starting September 15 with no grace period for the older versions. That switch has not happened. USCIS has posted an alert on both form pages stating that, pursuant to the September 14 order, it continues to accept the 08/21/25 edition of Form I-765 and the 08/28/24 edition of Form I-539, and is not accepting the 09/15/26 edition of either form.
In practice, that means anyone filing Form I-765 for employment authorization, including F-1 students applying for Optional Practical Training, or Form I-539 to extend or change nonimmigrant status, should continue using the editions in place before the rule was scheduled to take effect. Filing the 09/15/26 edition now would result in rejection.
What a preliminary injunction does and does not do
The court’s order postpones the rule’s effective date while the underlying lawsuit continues. It does not decide the case. DHS has said it disagrees with the ruling and, if the injunction is lifted, intends to move forward with the rule. Until then, USCIS says it will proceed under the regulatory provisions that were in place before the rule was finalized.
That leaves the current framework in place, but on uncertain footing rather than settled ground. The injunction could be narrowed, appealed, or lifted as the litigation moves forward, and DHS has signaled it will act quickly to implement the rule if that happens. Anyone with a pending or upcoming Form I-765 or Form I-539 filing should confirm the current accepted edition before submitting, since that is the detail most likely to change first if the rule’s status shifts.
Why this matters beyond paperwork
The larger question the rule raised was how Unlawful presenceTime spent in the United States without admission or after an authorized stay has ended, which can count toward a reentry bar. Under INA 212(a)(9)(B), more than 180 days but less than a year, followed by departure, can lead to a 3-year bar, and one year or more can lead to a 10-year bar, if the person seeks admission again within that period. Some periods, such as time spent under age 18, do not count.See it in the glossary would be counted for F, J, and I nonimmigrants. Under duration of status, unlawful presence generally begins only after USCIS or an Immigration judgeAn attorney appointed by the Attorney General who presides over removal proceedings in immigration court, part of the Executive Office for Immigration Review.See it in the glossary makes a formal finding. Under a fixed admission date, it can begin automatically once that date passes. That distinction, not the form editions themselves, is the change worth watching if the litigation resolves in DHS’s favor.
What happens next
The court has scheduled a status conference for October 2, 2026. That date does not mark when the injunction expires; it is when the parties are next due in court. No trial date or briefing schedule for a final ruling on the merits has been set. Individuals in F, J, or I status, along with their designated school officials or program sponsors, should watch for further updates rather than assume the current rules are permanent.