Federal Court Blocks DHS Rule Eliminating 'Duration of Status'

A U.S. district court in Massachusetts has issued a nationwide preliminary injunction, blocking a Department of Homeland Security (DHS) final rule that would have eliminated the "duration of status" (D/S) framework for students (F visa), exchange visitors (J visa), and foreign media representatives (I visa). The rule would have replaced the flexible D/S system, which lasts for the length of a program or assignment, with fixed admission periods requiring burdensome applications for extensions of stay.

The court found that the plaintiffs were likely to succeed on their claim that the rule is arbitrary and capricious under the Administrative Procedure Act. It reasoned that DHS failed to provide a rational connection between the problems it cited—such as national security and visa overstays—and the drastic solution it imposed. The court also noted DHS's failure to adequately consider public comments and less burdensome alternatives. This injunction provides immediate relief to employers, universities, and research institutions that rely on these visa categories, averting significant administrative complexity and uncertainty. The underlying litigation will continue, and the government may appeal the injunction.