A federal court in Massachusetts blocked the Department of Homeland Security (DHS) rule eliminating “duration of status” for students and exchange visitors. The nationwide injunction came on September 14, 2026, one day before the rule was scheduled to come into force, and it applies to F-1 students, J-1 exchange visitors, and those holding I visas (foreign media representatives).
Background
In July of 2026 the DHS put out a rule. Here is what it would have done:
- F-1 and J-1 visa holders would generally be limited to four-year admission periods.
- I visa holders (foreign media representatives) would be limited to 240-day admission periods.
- Individuals needing additional time would have been required to file extension of stay applications with USCIS.
- The rule also imposed restrictions on certain school transfers, changes in educational objectives and pursuit of additional degrees.
On August 18th 2026 an association of organizations that deal with higher education and labor filed a suit against the DHS. They filed the suit in the US District Court for the District of Massachusetts. Additionally, the DHS got 22,000 public comments about concerns regarding:
- Impacts on international student enrollment.
- Academic program completion timelines.
- Backlogs in USCIS processing.
- Reliance interests of students and institutions.
- Press freedom implications for foreign journalists.
Court Findings
The court implemented a block on enforcing the rule one day before it went into effect. The court explained that the DHS didn’t properly address the concerns brought by public comments and that the plaintiffs would win their case anyway. This means that until further notice, the existing duration of status stays in effect for student visas.
That’s not a final ruling on whether the rule is lawful, but it’s enough to freeze the rule while the litigation plays out. For now, the existing duration of status framework stays in place for F, J, and I nonimmigrants. DHS is expected to appeal, so this is a reprieve rather than a resolution, and anyone advising clients in these categories should keep an eye on how the case develops.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.