What’s Happening?
On September 14, 2026, the U.S. District Court for the District of Massachusetts issued nationwide preliminary relief blocking implementation of the Department of Homeland Security’s (“DHS”) final rule that was scheduled to eliminate Duration of Status (“D/S”) for F-1 students, J-1 exchange visitors, and I representatives of foreign information media beginning September 15, 2026.
As D&S previously reported on July 17, 2026, DHS finalized the rule replacing the longstanding D/S framework with fixed periods of admission, with an effective date of September 15, 2026.
The rule will now not take effect on September 15, 2026, and the existing D/S framework remains in place for now. The Court postponed the rule’s effective date and preliminarily enjoined DHS and U.S. Immigration and Customs Enforcement (“ICE”) from taking further action to implement it while the litigation continues.
What Would the Rule Have Changed?
As previously discussed, DHS published the final rule on July 17, 2026. The rule would have replaced the longstanding D/S framework for F, J, and I nonimmigrants with fixed periods of admission.
Among other changes, the rule would have:
generally limited F-1 students and J-1 exchange visitors to admission periods of no more than four years;
limited I foreign media representatives to admission periods of generally no more than 240 days;
required affected individuals who needed additional time to complete their program, exchange activity, or qualifying assignment to seek an extension of stay; and
imposed additional restrictions affecting certain F-1 school transfers, changes in educational objectives, and subsequent programs of study.
Why Was the Rule Challenged?
On August 18, 2026, a coalition of higher education organizations and unions filed suit challenging the rule under the Administrative Procedure Act (“APA”).
The plaintiffs argued, among other things, that DHS failed to adequately assess the rule’s costs and benefits, meaningfully respond to public comments, consider less burdensome alternatives, or sufficiently justify the rule based on its stated objectives.
The Court concluded that the plaintiffs were likely to succeed on their APA claims and granted preliminary relief preventing the rule from taking effect while the case proceeds. The Court did not permanently vacate the rule or enter final judgment against DHS.
What Does this Mean for Employers and Foreign Nationals?
For now, F, J, and I nonimmigrants will continue to be admitted under the existing Duration of Status framework, and the fixed-period admission system scheduled to begin on September 15, 2026 will not be implemented.
Accordingly, affected foreign nationals do not need to take action solely because of the September 15th transition contemplated under the final rule. Existing requirements governing maintenance of status, employment authorization, program participation, and other status-specific obligations remain in effect for now.
Employers and foreign nationals should nevertheless continue to monitor developments closely, particularly before making immigration, travel, or employment decisions that could be affected by further court action.
What Happens Next?
The litigation remains ongoing, and the government may seek appellate review of the Court’s order.
For the time being, however, DHS and ICE are prohibited from implementing the final rule unless and until there is further court action. D&S will continue to monitor this development and provide further guidance as additional information becomes available.
This alert is for general informational purposes only and does not constitute legal advice. Please consult D&S immigration counsel regarding your specific circumstances. D&S Senior Associate, Paulina Baginska, assisted with the preparation of this alert.