Federal court postpones the rule ending duration of status, one day before it was to take effect

On September 14, Judge F. Dennis Saylor IV of the U.S. District Court in Boston postponed the effective date of the DHS rule that would have replaced duration of status with fixed admission periods for F, J and I nonimmigrants. The order, issued under the Administrative Procedure Act in a suit brought by the Presidents' Alliance on Higher Education and Immigration, NAFSA and several unions, applies nationwide and bars DHS and ICE from implementing the rule while the case continues. The rule therefore never took effect on September 15. Duration of status, the 60-day grace period and the 60-day OPT filing window remain the law unless and until the postponement is lifted.

Sources: Case docket, Presidents' Alliance v. DHS (D. Mass. No. 1:26-cv-13799) · The postponed rule, 91 FR 44976