D/S Rule Blocked by Federal Court! US LAW PLUS Offers a Comprehensive Analysis of the Future of International Students' and Scholars' Status

【Lead-in】

On September 14, 2026 (U.S. Eastern Time), the American higher education community, research institutions, and the immigration legal profession secured an extraordinarily significant judicial victory!

According to reports by Reuters and the American Immigration Lawyers Association (AILA), Chief Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts (D. Mass.) today formally issued a Preliminary Injunction (APA §705 Relief), urgently blocking the Department of Homeland Security (DHS) administrative rule—scheduled to take effect tomorrow, September 15—that would have eliminated "Duration of Status (D/S)" for F-1/J-1/I visa holders!

This is precisely the case—Presidents' Alliance on Higher Education and Immigration et al. v. DHS et al. (Case No. 1:26-cv-13799)—that the litigation tracking team at US LAW PLUS LAW FIRM had been closely monitoring. Following the intense court hearing (Oral Argument) on September 3, the federal court brought down the gavel just 24 hours before the rule was to take effect!

I. Full Case Review: What Drastic Impacts Would the D/S Elimination Rule Have Brought?

Since the late 1970s, U.S. immigration authorities have applied the D/S (Duration of Status) framework to holders of F-1 (international students), J-1 (exchange visitors), and I (foreign media representatives) visas. A D/S notation on the I-94 means that as long as the holder maintains compliant full-time study or research status, their lawful stay remains continuously valid—without the need to file frequent extension applications with USCIS.

However, the Final Rule issued by DHS in July 2026 sought to overturn this framework entirely:

1. A Hard Four-Year Cap on Initial Stays The rule would have forcibly set the initial period of stay for F-1 and J-1 holders at no more than four years (whichever is shorter: the program end date or four years). For Ph.D. students who require five to seven years to graduate, combined bachelor's/master's programs, or multi-year J-1 visiting scholars, this created an enormous risk of status interruption.

2. Cumbersome I-539 Extensions and Bureaucratic Review Once the fixed period expired, students would have been required to file Form I-539 with USCIS for an extension of stay (EOS), pay substantial fees, schedule biometrics appointments, and potentially attend interviews. The rule further proposed that "academic probation" or "repeated coursework" could not serve as valid grounds for extension.

3. Severe Curtailment of Schools' DSO/RO Authority Routine program extensions—previously handled directly by the school's Designated School Official (DSO) in the SEVIS system—would have been forcibly converted into administrative adjudications subject to USCIS's vast discretion.

4. Compressed Grace Period and Transfer Restrictions The rule proposed cutting the post-graduation F-1 grace period from 60 days to 30 days, and imposing severe restrictions on graduate students changing majors or transferring schools.

II. The Court's Core Ruling: Why Did the Judge Block the Rule?

In Presidents' Alliance v. DHS, the plaintiff coalition—including an alliance of nearly 600 U.S. universities, the AFT, the UAW, and higher education associations—alleged that DHS violated the Administrative Procedure Act (APA):

• Arbitrary and capricious (lack of substantial evidence): DHS claimed that ending D/S was based on "national security and prevention of overstays," but the evidence it offered rested on only a handful of isolated cases and failed to demonstrate systemic abuse.

• Disregard of massive economic and research losses: The rule would affect more than 2 million international students and scholars annually, directly undermining research and innovation at American universities, the healthcare system, and tens of billions of dollars in economic contribution.

• Failure to substantively respond to public comments: In the face of nearly 22,000 industry comments and proposed alternatives, DHS's responses were perfunctory and devoid of reasoned explanation.

The preliminary injunction from the District of Massachusetts means that, until a final judgment is rendered, DHS is nationwide barred from implementing the rule.

III. Victory on the Ground: What Does It Mean for Different Status Holders?

Status Group	Impact Under the Proposed Rule	Actual Status After the September 14 Injunction
Undergraduate / Master's students	Would have had to file I-539 extension applications when programs needed more time	Traditional D/S maintained. Program extensions continue to be processed by the school DSO within SEVIS.
Ph.D. students / Multi-year J-1 scholars	Would have had to apply to USCIS for extension in year four, facing denial risk	Four-year cap anxiety removed. Maintain lawful D/S stay according to normal academic progress.
OPT / STEM OPT applicants	Grace period shortened to 30 days, sharply increased transition-period status risk	60-day grace period preserved. OPT and STEM OPT application procedures and rules remain under the current stable framework.
Those changing majors / programs	Graduate-level changes of academic objective would have been prohibited	Continue to follow the original SEVIS transfer and school-transfer rules.

IV. Forward-Looking Risk Alerts from US LAW PLUS Senior Attorneys

Although the September 14 preliminary injunction has won international students and researchers across the country a decisive victory, US LAW PLUS LAW FIRM reminds all clients to remain alert to the following deeper risks:

1. Risk of Executive Appeal (Appeals Court Review) The Department of Justice (DOJ) is highly likely to file an expedited appeal on behalf of DHS with the U.S. Court of Appeals for the First Circuit and to seek a stay of the injunction. The legal tug-of-war will continue.

2. Maintain Absolutely Compliant SEVIS Records The legal foundation of the D/S framework is "maintaining status in compliance." Please ensure you enroll in sufficient credit hours, do not engage in unauthorized employment, update your address in a timely manner, and complete all SEVP reporting for CPT/OPT on schedule.

3. Do Not Confuse Form Version Updates What the court blocked is DHS's change to the D/S duration-of-stay framework. USCIS's actions regarding other immigration categories—such as the public charge rule and new form edition taking effect September 18—remain on track as scheduled. Do not conflate policy changes across different categories.

V. Why Choose US LAW PLUS LAW FIRM?

In this complex era of frequent clashes between executive orders and federal litigation, US LAW PLUS LAW FIRM—drawing on a profound understanding of U.S. immigration law and keen policy foresight—consistently stands at the forefront of protecting clients' rights:

• Cutting-edge nationwide policy and judicial tracking: Our litigation team monitors developments at federal courts across the country (D. Mass. / N.D. Cal. / D.D.C.) and at USCIS around the clock, ensuring we deliver the most timely legal strategies the moment news breaks.

• A seamless "student—high-skilled talent—green card" roadmap: From F-1/J-1 status maintenance and CPT/OPT/STEM OPT planning, to the H-1B lottery, O-1 extraordinary ability, L-1 multinational executives, and EB-1A / EB-2 NIW / EB-3 employment-based green cards—we build a full-lifecycle line of defense for your status.

• Meticulous pre-filing risk-control review: For every client, we conduct a 100% full-file (A-File) compliance cross-check covering personal history, travel records, tax filings, and form submissions, eliminating any potential immigration risk at the source.

【Contact US LAW PLUS LAW FIRM】

See the judicial turning points before they arrive; fortify your line of defense.

US LAW PLUS LAW FIRM is committed to providing the most authoritative, most responsive, and most rigorous legal protection for you and your family's journey to study, work, and immigrate to the United States. If you have questions about your nonimmigrant status (F-1/J-1/H-1B) or future green card planning, please feel free to contact our attorney team at any time!