Court Blocks the End of Duration of Status... For Now
Yesterday I told you that the end of "Duration of Status" would kick in today, September 15th, absent any last minute court actions. Well, late last night, a federal court hit pause on it.
Here's what actually happened, and what it does and doesn't mean for you.
What the court did
On September 14th, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction blocking DHS's rule from taking effect. That's the same rule I wrote about back on August 31st and again yesterday. This rule would have replaced D/S with a hard admission date for F-1, J-1, and I nonimmigrants starting today.
Because the injunction is nationwide, it applies to everyone the rule would have covered, not just the plaintiffs in the case.
Don't get ahead of yourselves, this one is still in process.
I know it's tempting to read "court blocks rule" and file it under "we won, it's over." It's not. This is a preliminary injunction, not a final ruling. The court specifically denied the request to vacate the rule outright, without prejudice, meaning that fight isn't finished either.
What this actually means: D/S stays in place, on the same terms it's always worked, while the lawsuit continues. Nobody is getting switched to a fixed admission date today. But the underlying rule hasn't been struck down, and the case is still very much alive.
What's next
The court has a status conference scheduled for October 2nd. Depending on what happens there, or in an appeal, this could change again. This is exactly the kind of situation where the specific order matters more than the headline, so if you're making a filing or travel decision, don't rely on a summary (including this one) without confirming the current operative order and your school's guidance first.
TLDR
D/S is still in effect, at least for now.
This is a pause, not a win. The rule itself hasn't been thrown out, and the case continues.
A status conference is set for October 2nd, so this situation can still move again.
If you already changed travel plans or started an I-539 filing based on the old September 15th deadline, don't assume you can just stop, talk to your DSO or an attorney about where that leaves you.
Before making any decisions, speak directly with your DSO. Things are moving fast enough that this post could be out of date by the time you read it.
This post is for general information only and is not legal advice. For guidance on your specific situation, please consult your school's DSO or a licensed immigration attorney.
