Key facts
- Judge F. Dennis Saylor IV of the federal district court in Boston issued a preliminary injunction on September 14, 2026, blocking the Trump administration rule that would eliminate duration of status (D/S) for international students.
- The rule was set to take effect September 15, 2026 and would have capped the admission period for F-1 and J-1 visa holders at a maximum of 4 years; the injunction came less than 24 hours before that.
- The court found the rulemaking violated the Administrative Procedure Act (APA) and that the plaintiffs are likely to ultimately prevail.
- The plaintiffs, including NAFSA, the American Federation of Teachers (AFT), and several graduate student unions, sued on August 18, 2026, arguing the Department of Homeland Security (DHS) did not meaningfully respond to more than 22,000 public comments.
- The case moves to a full trial; until it concludes, D/S stays in place and F-1 and J-1 students do not need to apply to USCIS for an extension in their fourth year. The government can still appeal.
September 14 — Judge F. Dennis Saylor IV of the federal district court in Boston issued a preliminary injunction on September 14, 2026, blocking a Trump administration rule that would eliminate "duration of status" (D/S) for international students. The rule was set to take effect September 15, 2026, and would have capped the admission period for F-1 and J-1 visa holders at a maximum of 4 years. It is now on hold because the court found that the rulemaking process violated the Administrative Procedure Act (APA). The injunction came less than 24 hours before the rule was to take effect.
Why did the court block the rule ending D/S? Rulemaking "clearly" flawed
In his ruling, Judge Saylor wrote that the rule was issued in clear violation of the Administrative Procedure Act, and he questioned its true purpose, suggesting that its motive was likely not national security but some other, undisclosed goal. At a hearing on September 3, 2026, the judge had already said he could find no rational connection, declining to rule from the bench that day but leaving open the option of issuing an injunction before September 15, 2026.
The plaintiffs, including NAFSA: Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, the American Federation of Teachers (AFT), and several graduate student unions, filed suit in federal district court in Massachusetts on August 18, 2026. They argued that the Department of Homeland Security (DHS) failed to adequately weigh the rule's costs and benefits and did not meaningfully respond to more than 22,000 public comments.
How big is the impact of ending D/S? About 60% of postdocs come from abroad
International researchers make up about 25% of U.S. life sciences PhD graduates, and roughly 60% of postdoctoral researchers nationwide come from abroad. A NAFSA survey found that nearly half of current students and postdocs said they would not have chosen to come to the U.S. if the 4-year limit had been in place when they enrolled. The Department of Justice disputed those figures, calling them uncertain and speculative. The judge found that the plaintiffs are likely to ultimately prevail.
Attorney Shenqi Cai's advice: F-1 and J-1 students should check their I-94 and not change status prematurely
Shenqi (Cassie) Cai, a senior attorney at Lingtu Law APC, said the preliminary injunction means F-1 and J-1 students can, for now, remain in the U.S. and plan their graduation milestones under the D/S framework as usual, with no need to apply separately to USCIS for an extension in their fourth year. "I recommend that students check their I-94 record with their school's DSO right away to make sure their admission record is accurate, and not make unnecessary status changes early out of worry that the rule might come back later." Attorney Cai noted that the government can still appeal the injunction, and the outcome of the case remains unclear.
The case now moves to a full trial. Until it concludes, the D/S framework stays in place.
Related practice area: Learn about immigration services → · Change of status success stories →
Further reading: October 2026 Lawsuits: Universities Sue ICE Over CPT Limits; Applicants Challenge USCIS I-485 Green Card Policies · Laid Off on an H-1B: How Long Can You Stay, and What Are Your Options in the 60-Day Grace Period? · Caught Shoplifting in California as an International Student: Will It Affect Your Visa?