United States: Lawsuit Seeks to Block Final Rule Eliminating Duration of Status Admissions for F, J, and I Nonimmigrants
August 18, 2026
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At a glance
- A coalition of higher education organizations and unions has filed a federal lawsuit challenging the legality of the new regulation that replaces admission for duration of status with fixed periods of admission for F, J, and I nonimmigrants.
- The plaintiffs are seeking to enjoin implementation of the new regulation, which is scheduled to take effect on September 15, 2026.
The issue
Today, 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 new regulation that replaces 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 violates the Administrative Procedure Act (APA). 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).
The legal challenge asserts that the Department of Homeland Security (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.
The plaintiffs seek a court order vacating and enjoining implementation of the regulation, which is scheduled to take effect on September 15.
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 new regulation that takes effect on September 15, F, J, and I nonimmigrants will now be admitted to the United States for a specific period of stay, and like other nonimmigrants, they will be 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.
As a result of the changes, F, J, and I nonimmigrants will begin to accrue unlawful presence immediately after their admission period expires unless they depart or timely file for an extension.
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.
What’s next
The district court will take up the plaintiff’s request for emergency relief and a stay of the regulation, which the plaintiffs will likely seek to have in place before the September 15 effective date of the regulation. Prospects for the lawsuit are uncertain, and employers and foreign nationals should continue to prepare for the scheduled implementation of the new regulation on September 15 in the event the plaintiffs’ efforts to obtain an emergency stay are unsuccessful.
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.
