Preliminary Injunction Postpones Final Rule on F-1/J-1 Duration of Status

A United States District Court Judge issued a nationwide preliminary injunction Sept. 14 that pauses the D/S rule from going into effect on Sept. 15, 2026, while consideration of the lawsuit continues.

The lawsuit was brought by the President's Alliance on Higher Education and Immigration, NAFSA: Association of International Educators and a coalition of higher education organizations and labor unions. Carnegie Mellon has membership in the President's Alliance and NAFSA.

The judge's order found that "plaintiffs have demonstrated a substantial likelihood of success on the merits of their claims; that immediate irreparable harm will ensure if the Final Rule is not enjoined." This order does not overturn the rule but does stop it from going into effect.

While the preliminary injunction is in place, the previous F and J regulations continue. F and J students and scholars will continue to have duration of status (D/S) notations on their I-94s and will continue to follow the rules in effect prior to the D/S rule related to travel, OPT applications, program changes and extending permission to stay in the U.S.

The next hearing on the D/S rule is scheduled for Oct. 2. While the preliminary injunction is good news, we recognize that there remains ongoing uncertainty, which may continue to be stressful. The Office of Interntational Education (OIE) wants students and scholars to know that we are here to support you. We will update our website as this case moves forward. If you have a time-sensitive question, please reach out to us at oie@andrew.cmu.edu.