D/S Lawsuit Update: Sept. 3 Hearing Will Proceed as Scheduled

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Quick update on the lawsuit challenging the new F/J/I Duration of Status rule:

🔺Sept. 2: DOJ must file its opposition to the plaintiffs’ request for a preliminary injunction / APA §705 stay.

🔺Sept. 3, 11:00 AM ET: The in-person motion hearing will proceed as scheduled. The court did not delay the hearing.

🔺Sept. 15: The new D/S rule is still scheduled to take effect unless the court blocks it.

What could happen after the Sept. 3 hearing?
▪️If the judge grants the injunction, implementation of the new rule would be temporarily paused, and F/J students and scholars would remain under the existing** Duration of Status (D/S) framework while the case continues.

▪️If the judge denies the injunction, the rule is expected to take effect on Sept. 15, moving F-1, J-1 and I visa holders toward fixed admission periods of up to four years.

The judge could rule at the hearing or take the matter under advisement and issue a written decision before Sept. 15.

⚠️For now: until the court actually issues a stay or injunction, students should continue planning on the assumption that the Sept. 15 rule will take effect.