Federal Judge Blocks DHS Rule Ending “Duration of Status” for International Students

A federal judge has blocked a new Department of Homeland Security (DHS) rule that would have ended “duration of status” for F-1 students, J-1 exchange visitors, and I visa holders.

The rule was scheduled to take effect on September 15, 2026. But one day earlier, U.S. District Judge F. Dennis Saylor IV issued a preliminary injunction postponing the rule while a legal challenge moves forward.

For now, the existing duration-of-status system remains in place.

The DHS rule would have replaced that system with fixed admission periods, including a four-year maximum for most F-1 students and J-1 exchange visitors. People who needed additional time would generally have been required to apply to U.S. Citizenship and Immigration Services (USCIS) for an extension of stay.

Here’s what the court decided, what the blocked rule would have changed, and what F-1, J-1, and I visa holders should know now.

What the Court Decided

DHS published the final rule in July 2026, with an effective date of September 15. The rule was challenged in federal court by higher education groups and other plaintiffs seeking to stop it from taking effect.

On September 14, Judge Saylor granted a preliminary injunction and postponed the rule pending resolution of the case.

The decision means DHS cannot implement the new fixed-period system while the injunction remains in place. Because the court acted before the rule’s effective date, the existing duration-of-status framework continues to apply.

The ruling does not necessarily mark the end of the legal fight. The case can continue, and further court action could affect whether or when the rule ultimately takes effect.

How Duration of Status Works

Under the longstanding system, many F-1 students and J-1 exchange visitors are admitted to the United States for “duration of status,” often shown as “D/S” on their immigration records.

Rather than receiving a fixed date by which they must leave the country, they can generally remain in the United States while they continue to comply with the requirements of their immigration status, including completing their authorized academic program or exchange activity.

The DHS rule would have replaced that framework with fixed admission periods.

What the Blocked Rule Would Have Changed

If allowed to take effect, the rule would make several significant changes:

• F-1 students and J-1 exchange visitors would generally be admitted for the length of their specific program, up to a maximum of four years.
• I visa holders, who represent foreign media, would generally be admitted for up to 240 days, with a shorter period for certain passport holders.
• F-1 and J-1 visa holders who needed additional time would generally have to file an Extension of Stay application with USCIS rather than having a school or program sponsor extend their record.
• The post-completion grace period for F-1 students would shrink from 60 days to 30 days.
• The rule would impose new restrictions on some students seeking to transfer schools or change educational objectives.
• Moving away from duration of status would also change when some visa holders begin accruing unlawful presence after remaining in the United States beyond their authorized period.

The rule also included transition provisions for people already in the United States under duration of status.

Because the rule has been blocked, these changes did not take effect on September 15.

Why DHS Wanted to End Duration of Status

In the rule, DHS argued that the duration-of-status system made it more difficult for immigration officials to periodically verify whether F, J, and I visa holders continued to comply with the terms of their status.

The agency cited concerns about visa overstays, fraud involving schools, and national security. DHS argued that requiring some visa holders to periodically apply for extensions would give USCIS another opportunity to review whether they were maintaining lawful status.

The rule revived an effort DHS first proposed in 2020 to replace duration of status with fixed admission periods.

Why the Rule Was Challenged

Higher education groups and other critics argued that the rule would create significant uncertainty and administrative burdens for international students, universities, and exchange programs.

One major concern was the four-year maximum admission period. Many academic programs, particularly doctoral programs, routinely take longer than four years. Under the new system, some students would therefore have needed to apply to USCIS for permission to remain in the country long enough to finish their studies.

Critics also raised concerns about the cost and processing time involved in extension applications and the consequences students could face if an extension were denied.

In granting the preliminary injunction, the court concluded that the plaintiffs had shown they were likely to succeed on their claims that DHS violated the Administrative Procedure Act in issuing the rule.

What This Means for F-1, J-1, and I Visa Holders Now

For now, the most important point is that the new rule is not in effect.

F-1 students and J-1 exchange visitors admitted for duration of status remain subject to the existing D/S framework. The four-year maximum admission period and new Extension of Stay requirements did not take effect on September 15.

The existing 60-day post-completion grace period for F-1 students also remains in place rather than shrinking to 30 days under the blocked rule.

Students and exchange visitors should continue following the requirements that currently apply to their immigration status and stay in contact with their school or program sponsor if they have questions about their individual situation.

What Happens Next

The preliminary injunction keeps the rule from taking effect while the legal challenge continues, but it does not permanently resolve the dispute.

Further court proceedings could determine whether DHS can eventually implement the rule, and the government may take additional legal action in response to the September 14 decision.

For now, however, the duration-of-status system remains in place. Boundless will continue monitoring the case and update this article as new developments occur.

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