News Alert: Federal Court Blocks DHS Rule Ending "Duration of Status" for F, J, and I Visa Holders
Photo by Cole Keister on Unsplash. In a historic and welcome victory for international students, exchange scholars, and foreign media personnel, the U.S. Department of Homeland Security's (DHS) controversial final rule ending "Duration of Status" (D/S) has been halted nationwide. Learn more in our breaking News Alert.
In a historic and welcome victory for international students, exchange scholars, and foreign media personnel, the U.S. Department of Homeland Security's (DHS) controversial final rule ending "Duration of Status" (D/S) has been halted nationwide.
On July 17, 2026, DHS published a rule scheduled to take effect on September 15, 2026, which would have imposed rigid fixed admission periods (up to 4 years for F/J nonimmigrants and 240 days for I visa holders). However, following urgent legal action, the federal courts have intervened.
The Ruling: Nationwide Preliminary Injunction
On September 14, 2026, U.S. District Judge F. Dennis Saylor IV granted nationwide preliminary relief in Presidents' Alliance on Higher Education and Immigration et al. v. DHS.
The court's order postpones the effective date of the rule and prohibits DHS and ICE from taking any action to implement it while the litigation moves forward.
The judge concluded that the plaintiffs—a coalition including NAFSA, the Presidents' Alliance, AICUM, AFT, the NewsGuild-CWA, and higher education unions—are likely to succeed in proving that DHS violated the Administrative Procedure Act (APA). Specifically, the court noted that DHS:
Failed to conduct a reasoned assessment of the costs and benefits.
Failed to meaningfully consider less burdensome alternatives.
Did not adequately respond to significant public comments.
Failed to establish a rational connection between the rigid limits and its stated goals of national security or fraud prevention.
What this means right now: The longstanding Duration of Status (D/S) framework remains in full effect nationwide. F-1 students, J-1 exchange visitors, and I foreign media representatives continue to be admitted for D/S, allowing them to remain in the U.S. as long as they maintain their academic, exchange, or media programs.
Concrete Tips for Students & Media Professionals
While the court’s order provides immediate relief, the government is expected to appeal, and the litigation remains ongoing. Here is how nonimmigrants should navigate their status:
For International Students (F-1) & Exchange Visitors (J-1):
Rely on SEVIS & Your DSO/RO: Program extensions and updates continue to be managed through SEVIS by your Designated School Official (DSO) or Responsible Officer (RO). You do not need to file a Form I-539 Extension of Stay with USCIS merely because your program extends beyond four years.
Verify Your Form I-94: Check your electronic Form I-94 record online via CBP after every entry into the U.S. It should reflect "D/S" rather than a specific date expiration.
Keep Documents Up to Date: Ensure your Form I-20 or DS-2019 remains valid and unexpired before travel or program completion.
OPT & STEM OPT Planning: The 60-day post-completion grace period for F-1s remains intact. Continue coordinating with your DSO regarding timely OPT/STEM OPT filings (Form I-765) as usual.
For Foreign Media Representatives (I Visa):
No 240-Day Limit for Now: Media professionals do not need to scramble to file Form I-539 extension applications every 240 days.
Maintain Contracting & Employment: Ensure your credentials, media contract, or foreign media employer documentation remain current, as your lawful stay remains tied to active media work under the D/S framework.
Next Steps & Looking Ahead
Because DHS may seek an emergency appeal or stay from the First Circuit Court of Appeals, this legal landscape remains fluid. Immigration rules are fast-changing, so stay tuned as we monitor this development. If you have questions about how these changes impact your academic timeline or family status, reach out to our office to review your immigration strategy! Please contact us to set up a consultation to see how we can help. Follow us on Instagram, Twitter, Facebook, LinkedIn, Tumblr and TikTok, for up-to-date immigration news.
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