Federal Court Postpones Effective Date of Rule Ending “Duration of Status” - WR Immigration
A federal district court in Massachusetts has postponed the effective date of the Department of Homeland Security’s final rule replacing “duration of status,” commonly called D/S, with fixed admission periods for affected F, J, and I nonimmigrants. The rule had been scheduled to take effect on September 15, 2026. The immediate development is a postponement of implementation—not a final judgment invalidating the rule. Students, exchange visitors, institutions, and employers should update September 15 transition planning in light of the court’s action and confirm applicable agency instructions before taking individual filing or travel steps. What the court decided On September 14, District Judge F. Dennis Saylor IV issued a memorandum and order in Presidents’ Alliance on Higher Education and Immigration v. United States Department of Homeland Security, No. 1:26-cv-13799, granting relief to postpone the rule’s effective date under § 705 of the Administrative Procedure Act. According to the docket entry for Document 50, the court denied requests for vacatur, summary judgment, and other relief without prejudice, permitting those requests to be renewed. A separate order, Document 51, implements the postponement. The distinction matters: the court has paused the effective date while litigation continues. It has not, through these docket entries, permanently eliminated […]