End of “duration of status” for F-1, J-1, and I nonimmigrants (final rule — effective date postponed by court order)

Status: Blocked by court — Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media (Presidents' Alliance on Higher Education and Immigration, et al. v. DHS, No. 26-cv-13799 (D. Mass.) — challenging DHS Docket No. ICEB-2025-0001; RIN 1653-AA95; final rule at 91 FR 44976 (FR Doc. 2026-14439))

On September 14, 2026 — one day before the rule was due to take effect — the U.S. District Court for the District of Massachusetts postponed its effective date and preliminarily enjoined DHS from taking any further action to implement it, pending further order of the court or resolution of the case on the merits (Presidents' Alliance on Higher Education and Immigration, et al. v. DHS, 26-cv-13799 (D. Mass.)). Duration of status therefore remains in effect: USCIS says it "will proceed under the previous regulatory provisions." The form-edition change announced for September 15 did NOT happen — USCIS "continues to accept the 08/28/24 edition of Form I-539 and 08/21/25 edition of Form I-765 and is not accepting the 09/15/26 edition of Forms I-539 and I-765." DHS says it disagrees with the order and will implement the rule if the order is lifted, so this is a postponement, not a cancellation.

Next step: Further order in 26-cv-13799 (D. Mass.) — or resolution on the merits — is what would lift the postponement. Watch for a government appeal or motion to stay the preliminary injunction, and for USCIS to revert its form-edition guidance if the order is lifted. Until then, file the 08/28/24 I-539 and the 08/21/25 I-765, and check the edition date on uscis.gov the day you file.

Last editorial review: 2026-09-16 — status can change with a single court ruling. Official source.

What’s happening

The rule is not in effect. A federal court postponed it on September 14, 2026.

DHS published the final rule (FR doc 2026-14439, 91 Fed. Reg. 44976) on July 17, 2026, with a stated effective date of September 15, 2026. On September 14, 2026 — the day before it was to take effect — the U.S. District Court for the District of Massachusetts issued an order in Presidents’ Alliance on Higher Education and Immigration, et al. v. DHS, No. 26-cv-13799 (D. Mass.), postponing the effective date of the final rule and preliminarily enjoining DHS from taking any further action to implement it, pending further order of the court or resolution of the case on the merits.

In its own words, USCIS “will proceed under the previous regulatory provisions.” In practice, as of today:

  • Duration of status (D/S) has not ended. It remains the operative admission policy for F, J, and I nonimmigrants.
  • The form editions did not change. USCIS says it “continues to accept the 08/28/24 edition of Form I-539 and 08/21/25 edition of Form I-765 and is not accepting the 09/15/26 edition of Forms I-539 and I-765.” The August 14, 2026 USCIS announcement that older editions would be rejected starting September 15 has been overtaken by the court order — do not file the 09/15/26 edition.
  • This is a postponement, not a cancellation. DHS states that it “strongly disagrees with the court’s order and if the order is lifted, will take measures to implement the final rule.”

Who it affects

F (academic students), J (exchange visitors), and I (foreign information-media) nonimmigrants and their dependents.

What the rule would do if it takes effect (none of this is operating today — the effective date is postponed): it would replace open-ended “duration of status” admission with a fixed admission period — for F-1, up to 4 years or the program end date, whichever is shorter — cut the F-1 post-completion departure period from 60 to 30 days, and require an extension-of-stay application to USCIS for additional time. Under its transition provisions, F or J nonimmigrants admitted for D/S who are properly maintaining their status on the rule’s effective date would keep their status until the later of the expiration date on their Employment Authorization Document (Form I-766) or the program end date on their Form I-20 or DS-2019, not to exceed 4 years from the rule’s effective date, plus a departure period of 60 days for F nonimmigrants or 30 days for J nonimmigrants (new 8 CFR 214.1(m)(1)); anyone traveling abroad after the effective date would receive an I-94 with a fixed date on return. Readers should know what is in the rule, because the court order is preliminary and DHS intends to implement it if the order is lifted.

Filing-location notices

USCIS reports the following changes (checked October 23, 2026):

  • Form I-539: USCIS changed the filing location on Oct. 7, 2026. For mail filings, USCIS directs applicants to its filing-address instructions to determine the location based on the reason for filing.
  • Form I-765: USCIS changed the filing location on Oct. 7, 2026. For mail filings, USCIS directs applicants to its filing-address instructions to determine the location based on the reason for filing.

How it got here

  1. Aug 28, 2025 DHS/ICE publishes the proposed rule (90 FR 42070), proposing to replace "duration of status" with a fixed admission period for F, J, and I nonimmigrants.
  2. Sep 29, 2025 The public comment period on the proposed rule closes.
  3. May 5, 2026 DHS sends a final rule to the White House budget office (OMB/OIRA) for review.
  4. Jun 17, 2026 OIRA concludes its review of the final rule ("consistent with change"), a step that ordinarily precedes Federal Register publication.
  5. Jul 17, 2026 DHS publishes the final rule (FR doc 2026-14439) replacing duration of status with fixed-period admission for F, J, and I nonimmigrants, effective September 15, 2026 (subject to congressional review). Current D/S holders keep status until their I-20/DS-2019 program end date or 4 years after the effective date, whichever comes first.
  6. Aug 14, 2026 USCIS announces that new 09/15/26 editions of Forms I-539 and I-765 will publish September 15, 2026, with no grace period: older editions are rejected if postmarked or submitted on or after that date, and the new editions are accepted only on or after it.
  7. Sep 14, 2026 The U.S. District Court for the District of Massachusetts postpones the rule's effective date and preliminarily enjoins DHS from taking further action to implement it, pending further order or resolution on the merits (Presidents' Alliance on Higher Education and Immigration, et al. v. DHS, 26-cv-13799). USCIS reverts to the previous regulatory provisions and continues accepting the 08/28/24 I-539 and 08/21/25 I-765; the 09/15/26 editions are not accepted.

What to watch next

There is no scheduled effective date to watch anymore — the postponement runs until the court says otherwise. What to watch instead:

  • Any further order in Presidents’ Alliance v. DHS, No. 26-cv-13799 (D. Mass.) — the postponement lasts “pending further order of the court.”
  • Resolution of the case on the merits, which is the other event that ends the postponement.
  • Any appeal by DHS, or a stay of the preliminary injunction from a higher court. DHS has said it disagrees with the order and will implement the rule if the order is lifted.
  • USCIS reverting its form-edition guidance. Right now uscis.gov/i-539 and uscis.gov/i-765 say the 08/28/24 I-539 and 08/21/25 I-765 are still accepted and the 09/15/26 editions are not. If the injunction is lifted, that guidance is the first thing that will change — check the edition date in the form’s footer the day you file.
  • Any follow-up Federal Register document from DHS on the rule’s status.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.