Federal Court Enjoins DHS 'Duration of Status' Rule
A nationwide preliminary injunction has blocked a Department of Homeland Security rule that would have ended the long-standing 'duration of status' framework for F, J, and I visa holders.
A U.S. district court in Massachusetts has granted a nationwide preliminary injunction preventing a Department of Homeland Security (DHS) final rule from taking effect. The rule, which was scheduled for implementation on September 15, 2026, would have eliminated the flexible 'duration of status' framework for F-1 students, J-1 exchange visitors, and I-visa foreign media representatives. Instead, it would have imposed fixed admission periods, requiring formal applications for extensions of stay.
The court found that the plaintiffs were likely to succeed on their claim that the rule was arbitrary and capricious in violation of the Administrative Procedure Act. This injunction provides immediate relief to U.S. academic institutions and other organizations that host these nonimmigrants, averting significant new administrative burdens and uncertainty for their foreign populations. The underlying litigation on the rule’s validity will continue, but for now, the established 'duration of status' system remains in effect, and impacted visa holders do not need to apply for extensions of stay under the proposed rule's framework. Counsel should continue to monitor developments in the case.