The U.S. District Court for the District of Massachusetts has postponed the effective date of a U.S. Department of Homeland Security (“DHS”) final rule that would have replaced the longstanding “duration of status” (“D/S”) framework with fixed periods of admission for J and F  nonimmigrants. The court acted on September 14, 2026, one day before the rule was scheduled to take effect. The existing D/S framework therefore remains in effect nationwide while the litigation proceeds.

Background: The D/S Framework
J-1 physicians, like other J-1 exchange visitors, and F-1 students have traditionally been admitted for D/S rather than to a fixed expiration date on Form I-94. They generally may remain in the United States for the authorized program or activity while complying with applicable status requirements.

For Educational Commission for Foreign Medical Graduates (“ECFMG”)-sponsored J-1 physicians, annual sponsorship typically continues through a current Form DS-2019 and SEVIS record, without a separate U.S. Citizenship and Immigration Services (“USCIS”) extension application each year.

For F-1 students, status is typically maintained through a valid Form I-20 and active SEVIS record, without the need for annual USCIS extension filings, so long as the student continues to comply with the requirements of F-1 status.

What the Final Rule Would Have Changed
DHS published the final rule on July 17, 2026. It would have replaced D/S with an “Admit Until Date” tied to the authorized program or activity, generally subject to a four-year maximum for F-1 students and J-1 exchange visitors. Individuals needing more time generally would have had to apply to USCIS for an extension of stay or depart and seek a new period of admission. The rule also included related changes affecting grace periods and certain F-1 transfers and program changes.

None of these requirements is currently operative. Barley Snyder previously discussed the rule’s anticipated operational and compliance implications for higher education institutions in our May 28, 2026 alert, “Proposed End to ‘Duration of Status (D/S)’ Could Reshape International Student Compliance for Higher Education.”

What the Court’s Order Means
In Presidents’ Alliance on Higher Education and Immigration v. U.S. Department of Homeland Security, a coalition of higher-education organizations and labor groups challenged the rule under the Administrative Procedure Act. The court postponed the rule’s effective date and preliminarily barred DHS and U.S. Immigration and Customs Enforcement (“ICE”) from implementing it while the case proceeds. The order preserves the status quo but is not a final decision on the rule’s validity; an appeal or later ruling could permit implementation on short notice.

Practical Impact for J-1 Physicians, F-1 Students, and their Sponsors and Schools

• Existing procedures continue. Individuals admitted for D/S may remain while maintaining valid status and engaging in their authorized program or activity. J-1 physicians should continue annual sponsorship procedures and maintain a valid SEVIS record and current Form DS-2019.
• The fixed-period system is not in effect. The Admit Until Date framework, four-year maximum for most F and J nonimmigrants, and related USCIS extension process do not currently apply.
• Travel and records still require care. Individuals should review Form I-94 after each entry and confirm that passports, visas, Forms I-20 or DS-2019, travel endorsements, and other required documents are current before international travel.
• Institutions should retain contingency plans. Schools, exchange programs, graduate medical education programs, and healthcare employers should maintain accurate SEVIS records and preserve implementation planning because the timetable could change quickly.

Recommended Steps
Affected individuals should keep their Forms I-20 or DS-2019 current, promptly correct admission-record discrepancies, and seek advice before travel, program changes, or extensions. Institutions should identify individuals whose programs may exceed four years and remain prepared for extension filings if the rule is later allowed to take effect. Additional information is available in ECFMG’s September 23, 2026 update, “Important Update: Duration of Status (D/S) Final Rule Postponed.”

Barley Snyder will continue to monitor the litigation and any related agency guidance or implementation developments that may affect whether and when the final rule takes effect. For guidance on institutional processes, advising designated school officials, or assessing how a shift from duration of status to fixed admission periods could affect your institution, please contact Andrew J. Mahon, Hyo Jin (Jinnie) Lee, Silas M. Ruiz-Steele, or any member of Barley Snyder’s Immigration team.