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New Regulation Eliminating D/S is Postponed

On September 14, Judge Saylor of the District Court for the District of Massachusetts has issued an order granting the plaintiffs’ motion for a preliminary injunction, postponing the effective date of the Duration of Status (D/S) final rule nationally. As a result, the final rule and new regulations will not go into effect on September 15, 2026. This is not a permanent change. The effective date of federal regulation to eliminate D/S is postponed “pending further order of this court or resolution of this proceeding on the merits.” The government cannot take further action to implement the final rule that was scheduled to take effect. The court has scheduled another hearing for October 2, 2026.

There is no action students need to take right now. If you travel to the U.S. on or after September 15, border officials should still admit you under the D/S rules. Customs & Border Protection officers should not be issuing fixed duration admit until dates. Please be sure to review your I-94 Entry record to ensure your visa classification and Admit Until Date (AUD) shows D/S. Go to I-94 Arrival/Departure Record for further details on how to access your record and report any issues.

If you have questions, ISS advisors are available to help through our regularly scheduled virtual and in-person advising. You can also send an email to ISS to ask your questions if preferred. We appreciate your continued patience and understanding as we continue to monitor these regulatory changes. We will continue to update our D/S Hub and send any new information if it becomes available.