A SEVIS certificate and I-94 record highlight the student’s D/S admission status.
The Department of Homeland Security has asked a federal appeals court to overturn the order blocking its rule that would end “duration of status” for international students, exchange visitors, and foreign journalists, STAT and Higher Ed Dive reported. For now, nothing changes: the rule remains on hold, and F-1 students and J-1 exchange visitors will continue to be admitted under the existing system while the appeal moves forward.
DHS filed its notice of appeal with the U.S. Court of Appeals for the First Circuit this week, according to news outlets. The appeal targets the preliminary injunction that U.S. District Judge F. Dennis Saylor IV of the District of Massachusetts issued on September 14, one day before the rule was set to take effect. Immigration Analytics covered that ruling when it was issued.
The rule, published as a final rule on July 17, 2026, would replace duration of status with fixed admission periods. F-1 and J-1 holders would generally be admitted for the length of their program, up to four years, and anyone who needed more time would have to apply to USCIS for an extension. It would also shorten the grace period after an F-1 program ends from 60 days to 30 days and cap admission for I visa media representatives at 240 days.
In blocking the rule, Judge Saylor found that the challengers were likely to show it was arbitrary and capricious. Higher Ed Dive reported that he found the government’s national security and visa-abuse justifications did not hold up, and that he flagged the power the rule would give a DHS official, using limited and vague criteria and with no possibility of appeal, to cut short a student’s academic activities. The lawsuit, Presidents’ Alliance on Higher Education and Immigration v. DHS, No. 1:26-cv-13799, was brought by a coalition of education groups and unions.
Several things are still unclear. Neither outlet reported whether DHS has asked the district court or the First Circuit to pause the injunction while the appeal is pending, and a notice of appeal does not by itself change anything for students. No briefing schedule has been reported, and appeals of this kind often take months. If the government asks for and wins a stay, the rule could take effect sooner, and it is not known how much notice schools and students would receive.
Higher Ed Dive also reported that major universities have already seen international enrollment decline this fall, which gives schools a strong interest in how quickly the appeal moves.
For now, students and exchange visitors do not need to file extension requests simply because their programs last longer than four years. The best protection is to maintain your status, ensure that the program end date on your Form I-20 or DS-2019 is accurate, and stay in close contact with your designated school official or responsible officer.
Students planning international travel, a school transfer, a change of program, or a lengthy research timeline in the coming months should check with their international student office before taking action, since a stay issued by the appeals court could quickly change the rules. Incoming students admitted for upcoming terms will be admitted under the current duration-of-status system unless a court allows the rule to take effect.
Source: STAT; Higher Ed Dive.
This article is for general information and is not legal advice. The situation is changing quickly, so please consult an immigration attorney about your specific case.
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