ISSS NEWS ANNOUNCEMENT FOR SEPTEMBER 15, 2026
Delay in Implementation of DHS Rule Ending Duration of Status
On Monday, September 14, the U.S. District Court for the District of Massachusetts issued a preliminary injunction postponing the implementation of the new regulation that was scheduled to take effect on Tuesday, September 15. This court order means that the new regulation cannot go into effect until there is further action by the court. All existing F-1 and J-1 regulations and procedures continue to follow the standard regulations that have been in place, and there are no changes at this time to “Duration of Status” or other academic limitations included in the new rule.
Here’s what this means for current international students and scholars, as of today:
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- International students, scholars, and their dependents who enter the U.S. should continue to receive I-94s marked with “D/S” for “duration of status”.
- F-1 students continue to maintain a 60-day grace period.
- All current ISSS procedures for applying for a program extension or other requests are unchanged.
- International students who wish to change majors/academic programs or transfer to another U.S. institution may continue to do so following established procedures.
- F-1 students who are applying for OPT or STEM OPT should be able to apply following established procedures. Note: USCIS had announced a new version of Form I-765 that would be required effective today. We anticipate that this new version will be postponed due to the court ruling, and we are continuing to monitor communication from USCIS on this matter.
It is important to note that the final rule has not been permanently invalidated. The court order postponed the implementation of the new regulation, but the legal process will continue. It is expected that the Department of Homeland Security will appeal the preliminary injunction. There is a possibility that future court orders could reverse this decision and cause the final rule to be implemented very quickly. International students and scholars who are making decisions about travel, extension applications, academic changes, or work authorization applications should consult with an ISSS advisor for the most current and accurate information.
ISSS is continuing to monitor this situation very closely. We will provide additional updates via our listserv and the ISSS website about any future developments related to this regulation.