October 2026 Newsletter

The Duration of Status rule is on hold

On September 14, one day before it was scheduled to take effect, a federal court in Massachusetts blocked the DHS rule that would have ended duration of status for F, J, and I visa holders. The rule was published July 17 with a September 15 effective date. A coalition led by the Presidents’ Alliance on Higher Education and Immigration and NAFSA: Association of International Educators sued on August 18 and asked the court to pause it. The court agreed.

• What the court did. Judge F. Dennis Saylor IV issued a nationwide preliminary injunction, finding the government’s justifications for the rule arbitrary and capricious and the harm from letting it take effect immediate. DHS cannot implement or enforce the rule while the injunction stands.
• What stays in place. The existing framework. Eligible F and J students and scholars may remain in the United States for the length of their program, research, or practical training, as long as they continue to maintain status. Nothing about how you advise a current student changes today.
• This is not the end of it. A preliminary injunction is a temporary measure, not a final ruling. The case is still moving forward, and the rule could take effect later if the injunction is lifted or overturned on appeal.
• What would change if it does. Fixed admission periods based on program length and capped at four years, extension of stay applications filed with USCIS, new restrictions on changing majors or education levels, and a shorter F-1 post-program grace period of 30 days instead of 60 for new admissions. F-2 and J-2 dependents would face the same fixed admission and extension requirements.
• The travel wrinkle to remember. Students and scholars already in the country when the rule takes effect would be phased in gradually, but anyone who leaves and reenters afterward would be admitted under the new fixed period. Worth flagging early for anyone planning to travel.