A Department of Homeland Security rule set to take effect September 15, 2026 — which would have ended “duration of status” (D/S) for F-1 students, J-1 exchange visitors, and I-visa holders (foreign media representatives) — has been put on hold just one day before it was scheduled to go live. On September 14, U.S. District Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts granted a nationwide preliminary injunction, postponing the rule’s effective date and barring DHS and ICE from taking any further steps to implement it while litigation continues.
Background: What the Rule Would Have Changed?
For decades, F-1 students and J-1 exchange visitors have been admitted to the U.S. under “duration of status,” meaning their lawful presence was tied to staying enrolled and following their program’s terms rather than to a fixed expiration date on their I-94 arrival record. DHS published its final rule in the Federal Register on July 17, 2026, seeking to replace that framework with fixed admission periods:
- F-1 and J-1 visa holders would generally be admitted for the length of their specific program, subject to a maximum of four years.
- I-visa holders (foreign journalists and media representatives) would be capped at 240 days.
- Anyone needing more time would have to file a formal extension-of-stay application with USCIS, along with associated fees and processing delays.
- The rule also would have cut the post-completion grace period for F-1 students from 60 to 30 days and introduced new restrictions on academic mobility.
The Lawsuit
On August 18, 2026, a coalition led by NAFSA: Association of International Educators and the Presidents’ Alliance on Higher Education and Immigration — joined by the American Federation of Teachers, United Auto Workers, The NewsGuild-CWA, and other groups — filed suit in the U.S. District Court for the District of Massachusetts, seeking to block the rule before it took effect. The complaint argued DHS violated the Administrative Procedure Act by failing to adequately assess the rule’s costs and benefits, meaningfully respond to public comments, consider less burdensome alternatives, or justify the rule against its own stated objectives. A hearing on the motion for preliminary injunction was held September 3, 2026.
The Ruling
On September 14, Judge Saylor granted nationwide preliminary relief in a 48-page memorandum and order, finding that the plaintiffs are likely to succeed in showing the rule is arbitrary and capricious and that allowing it to take effect would cause immediate and irreparable harm. According to Reuters, the judge found the government’s rationale weak, noting the administration had effectively sought to “substantially restrict the overall number of foreign students, researchers, professors, and journalists in the United States.” On the rule’s stated national-security justification, Saylor wrote that “the government’s contention that the rule is necessary to safeguard national security borders on the absurd.” He did, however, acknowledge that the existing D/S system was “not without its problems.”
What Happens Now?
As a result of the ruling, the longstanding Duration of Status framework remains in place nationwide while the litigation proceeds. Students and exchange visitors do not need to seek extensions solely because their programs run longer than four years, and current rules on school transfers, program changes, and practical training remain unchanged. The rule is delayed pending a final decision on the merits — this is not necessarily the end of the story.
What This Means for You?
No immediate change for current or incoming F-1/J-1/I visa holders. The case — Presidents’ Alliance on Higher Education and Immigration et al. v. DHS, No. 1:26-cv-13799 (D. Mass.) — continues, so this could still shift depending on future rulings.
Sources: Reuters (“US judge blocks Trump limits on duration of visas for foreign students, journalists,” Sept. 14, 2026); Presidents’ Alliance on Higher Education and Immigration, “Duration of Status Litigation” case page and “Plaintiffs’ Statement on Nationwide Preliminary Relief” (Sept. 14, 2026); U.S. Department of Homeland Security, Federal Register (July 17, 2026).
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