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Federal Court Blocks DHS Rule Ending “Duration of Status” for F-1 and J-1 Visa Holders

September 14, 2026

Nationwide preliminary injunction preserves D/S — for now — one day before the rule was set to take effect

On September 14, 2026, a federal judge in Massachusetts halted a Department of Homeland Security (DHS) rule that would have eliminated “Duration of Status” (D/S) for international students, exchange visitors, and foreign media representatives. The ruling came just one day before the rule’s scheduled September 15, 2026 effective date, and it preserves — at least for now — the admission framework that F-1 and J-1 nonimmigrants have relied on for decades.

Here is what happened, what it means, and what F-1 and J-1 visa holders, designated school officials, and employers should do next.

Background: The Rule DHS Tried to Implement

Since the 1970s, most F-1 students and J-1 exchange visitors have been admitted to the United States for “duration of status,” meaning they could remain in the country as long as they continued to comply with the terms of their program — without a fixed departure date stamped on their Form I-94.

On July 17, 2026, DHS published a final rule titled Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media. The rule would have replaced D/S with a fixed “Admit Until Date” (AUD) tied to the program end date on a student’s Form I-20 or a scholar’s DS-2019, capped at four years, plus a grace period. Anyone needing more time would have had to file an Extension of Stay application with U.S. Citizenship and Immigration Services (USCIS) rather than simply continuing to maintain status. The rule also would have restricted F-1 students from pursuing a degree at the same or a lower level than one already completed, among other changes.   We had posted earlier a detailed summary about the significant changes this regulation would bring for international students and exchange visitors.

The Lawsuit

On August 18, 2026, a coalition of higher-education and labor organizations — including NAFSA: Association of International Educators, the Presidents’ Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts, the American Federation of Teachers, two UAW-affiliated unions, and The NewsGuild-CWA — sued DHS and U.S. Immigration and Customs Enforcement in the U.S. District Court for the District of Massachusetts. The suit named DHS Secretary Markwayne Mullin and Acting ICE Director David Venturella in their official capacities, and argued that DHS had acted arbitrarily and capriciously and had failed to meaningfully respond to roughly 22,000 public comments received during rulemaking.

The case was assigned to U.S. District Judge F. Dennis Saylor IV, who held a hearing on the plaintiffs’ request for preliminary relief on September 3, 2026.

The Ruling

On September 14, 2026, Judge Saylor granted the plaintiffs’ motion, issuing a nationwide preliminary injunction that bars DHS and ICE from implementing the rule while the litigation continues. As a result, the longstanding D/S framework remains in place for now for F-1, J-1, and I nonimmigrants nationwide — the rule did not take effect as scheduled on September 15.

 A preliminary injunction remains in effect for the duration of the case unless modified or reversed on appeal. The court has scheduled a status conference for October 2, 2026, and the underlying case challenging the rule on the merits continues.

What This Means Right Now

• The rule is blocked, not vacated. DHS is prohibited from enforcing the fixed-admission-period framework while the case proceeds, but the rule itself has not been struck down. The government may appeal the injunction, and the underlying litigation is ongoing.
• D/S remains the operative framework. F-1 and J-1 students and scholars currently admitted for duration of status continue to be admitted for duration of status, without a fixed AUD on their I-94, for now.
• This is not a final resolution. Universities, designated school officials, employers of F-1/J-1 workers, and visa holders themselves should continue to monitor the case closely rather than treat the injunction as the end of the story.

What F-1 and J-1 Visa Holders and Institutions Should Do

1. Do not assume the fixed-admission framework is gone for good. The injunction pauses enforcement; it does not resolve the underlying legal challenge to the rule.
2. Keep documentation current. Continue maintaining accurate, up-to-date I-20s, DS-2019s, and program end dates, since these remain central to status compliance regardless of how the litigation ultimately resolves.
3. Watch the October 2, 2026 status conference and beyond. Further developments — including a possible appeal by DHS or a ruling on the merits — could change the landscape again with little notice.
4. Talk to counsel before making status decisions based on assumptions about the rule’s future. Students weighing program transfers, extensions, or changes in educational objective, and employers managing F-1 OPT/STEM OPT or J-1 employees, should get case-specific guidance rather than relying on general news coverage.

SCT Is Monitoring This Closely

This litigation is moving quickly, and the practical impact on individual students, scholars, and employers will depend heavily on how the case develops from here. Our immigration team is tracking the docket and will update this space as the case progresses. If you have questions about how this ruling — or a possible reversal down the road — affects your status, your institution’s compliance obligations, or your workforce, contact us to discuss your specific situation.

This post is provided for general informational purposes only and does not constitute legal advice. Immigration law and the status of this litigation may change quickly; please consult with an attorney regarding your specific circumstances.