Court Halts Rule Ending 'Duration of Status' for F/J/I Visas
A U.S. district court blocked a DHS final rule that would have ended the 'duration of status' framework for F, J, and I nonimmigrants, preserving the existing system for students and exchange visitors pending further litigation.
A federal judge in Massachusetts granted a nationwide preliminary injunction on Sept. 14, 2026, halting a Department of Homeland Security final rule that was set to take effect the next day. The rule would have eliminated the long-standing 'duration of status' admission for F-1 students, J-1 exchange visitors, and I visa foreign media representatives, replacing it with fixed-term stays of up to four years, regardless of program length.
The enjoined rule would have created significant uncertainty and administrative burdens for universities, research institutions, and employers of foreign nationals. Students in programs longer than four years, such as Ph.D. candidates, would have been required to apply for extensions of stay with no guarantee of approval. The rule also would have reduced post-completion grace periods and complicated work authorization for those on Optional Practical Training (OPT), disrupting talent pipelines. The injunction preserves the status quo, averting immediate disruption.
The court found DHS likely violated the Administrative Procedure Act by failing to adequately justify the rule, consider alternatives, or respond to public comments. The injunction remains in place while the underlying litigation proceeds. Counsel should monitor the case for further rulings. A status conference is scheduled for Oct. 2, 2026.