United States: District Court Postpones Implementation of DHS Final Rule Eliminating Duration of Status for F, J, and I Nonimmigrants
September 14, 2026
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At a glance
- A federal district court in Massachusetts has temporarily postponed the effective date of a Department of Homeland Security (DHS) rule that would replace duration of status admissions for F, J, and I nonimmigrants with fixed periods of admission; the rule was set to take effect on September 15, 2026.
- The court order means that, for the time being, DHS is barred from implementing the final rule and F, J, and I nonimmigrants will retain duration of status admissions.
- The government is likely to quickly appeal the court decision.
The issue
A Massachusetts federal district court has postponed the effective date of a Department of Homeland Security (DHS) regulation that was due to take effect tomorrow, September 15, and would have replaced duration of status admissions with fixed admission periods for F-1 foreign students, J-1 exchange visitors, I representatives of foreign information media, and their dependents. Today, the district court issued a preliminary injunction that bars DHS from taking action to implement the rule for the time being, meaning these nonimmigrants will not switch from duration of status to fixed periods of admission as planned on September 15.
The government is expected to quickly appeal the district court ruling. The case is Presidents’ Alliance on Higher Education and Immigration et al. v. U.S. Department of Homeland Security et al., 1:26-cv-13799 (D. Mass., filed Aug. 18, 2026).
Background
While most nonimmigrants are admitted to the United States until a specific date, F, J, and I nonimmigrants have long been admitted for the duration of the individual’s educational or exchange program or qualifying employment. Under the DHS regulation that was scheduled to take effect on September 15, F, J, and I nonimmigrants would be admitted to the United States for a specific period of stay, and like other nonimmigrants, required to apply for an extension of stay (or depart and re-enter the United States) if they need more time to complete their program, employment, or assignment.
The regulation also places new academic restrictions on F-1 students, including prohibiting enrollment in new programs at the same or a lower degree level and restricting certain F-1 students from changing majors or education levels or transferring schools.
On August 18, a coalition of educational organizations and unions – including NAFSA, the Presidents’ Alliance on Higher Education and Immigration, the American Federation of Teachers, and the UAW – filed a lawsuit in the federal district court of Massachusetts, alleging that the fixed admission regulation violates the Administrative Procedure Act (APA). The legal challenge asserts that DHS provided an inadequate comment period and failed to adequately assess the costs and benefits of the regulation or to give meaningful consideration to public comments, and further contends that the regulation is arbitrary and capricious and exceeds DHS’s statutory authority.
What’s next
As a result of the preliminary injunction, for now, DHS is barred from implementing the fixed admission final rule until further court order. However, the agency is likely to appeal the court decision in short order; employers and foreign nationals should be prepared for the possibility of a reversal of the order and perhaps quick implementation of the regulation with little or no notice.
Fragomen is closely monitoring the litigation and will provide updates as warranted.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
