This is an update to our July 16, 2026 Alert titled, “DHS Sets Four-Year Deadline for F-1 S.”
On September 14, 2026, the U.S. District Court for the District of Massachusetts issued nationwide preliminary relief postponing the effective date of the Department of Homeland Security’s final rule that would have eliminated the longstanding “duration of status” framework for nonimmigrant students (F visas), exchange visitors (J visas), and foreign media representatives (I visas). The rule had been scheduled to take effect on September 15, 2026. DHS and U.S. Immigration and Customs Enforcement are prohibited from taking further action to implement the rule while the litigation proceeds.
Why the Court Blocked the Rule
The court concluded that the plaintiffs are likely to succeed on their claim that the final rule is arbitrary and capricious under the Administrative Procedure Act. In the court’s view, DHS relied largely on anecdotal examples and unsupported assumptions rather than evidence demonstrating that fixed admission periods would improve national security, reduce fraud, or prevent overstays. Because DHS did not establish a reasonable connection between the problems it identified and the solution it adopted, the court found that the agency likely failed to engage in reasoned decision-making.
The court also identified broader deficiencies in the rulemaking process, including DHS’s failure to adequately assess the rule’s costs and benefits, meaningfully address significant public comments, or sufficiently consider less burdensome alternatives. The court further determined that permitting the rule to take effect would cause immediate and irreparable harm and that broad relief was warranted to avoid confusion and inconsistent application.
What This Means
For now, the existing duration-of-status (D/S) framework remains in effect nationwide. Eligible F-1 students, J-1 exchange visitors, and most I visa holders may continue to remain in the United States for the duration of their authorized program or assignment, provided they continue to maintain lawful status. The fixed admission periods, mandatory extension-of-stay process, shortened grace period, and program-change restrictions described in our July 16 alert will not take effect while the court’s order remains in place.
The injunction is preliminary and does not permanently invalidate the rule. The litigation will continue, and the government may appeal.
Our team will continue to monitor the case and related agency guidance and will provide updates as developments occur. Please contact a member of our legal team with any questions about how the court’s order may affect your international students, exchange visitors, or foreign media population.