United States | Federal court blocks DHS “duration of status” final rule before effective date

On Sept. 14, 2026, in Presidents’ Alliance on Higher Education and Immigration v. DHS, a federal court postponed implementation of the Department of Homeland Security’s (DHS) final rule that would have replaced the longstanding “duration of status” (D/S) framework for F-1, J-1 and I visa holders.

The court found that the rule “clearly failed to comply with the APA [Administrative Procedure Act] in multiple respects” and preliminarily enjoined DHS from taking any further action to implement the regulation pending further order of the court or resolution of the case on the merits. The court denied the plaintiffs’ request to vacate the final rule at this stage, allowing them to renew the request later in the litigation.

Key takeaways:

Court preserves current D/S framework. The U.S. District Court for the District of Massachusetts’ ruling preserves the current D/S framework under which eligible F-1 students, J-1 exchange visitors and most I visa holders may remain in the United States for the duration of their approved program or assignment.

Sept. 15 effective date and rule implementation postponed. The court postponed the final rule’s Sept. 15, 2026, effective date establishing fixed admission periods for F-1, J-1 and I nonimmigrants and enjoined DHS from taking further steps to implement the rule while litigation continues.

Final Rule likely violates APA. The court concluded that plaintiffs were likely to succeed on their claims that the rule violates the APA showing that DHS failed to adequately analyze the rule’s costs and benefits, meaningfully consider alternatives, respond to significant public comments and establish a rational connection between the rule and its stated objectives.

Preliminary injunction applies broadly. The injunction applies broadly to the final rule rather than only to the named plaintiffs, with the court finding, “[i]n this case, nationwide relief — which, again, is permitted by § 705 — prevents chaos and confusion that a party-specific order would inevitably generate.”

Additional information: The challenged rule, published on July 17, 2026, would have imposed a four-year admission limit on most F-1 students and J-1 exchange visitors, and a 240-day admission limit on I visa holders, with extensions requiring discretionary DHS approval.

The government is expected to appeal the ruling. BAL will continue to monitor developments as this litigation progresses and will provide updates as additional information becomes available.

This alert has been provided by the BAL U.S. Practice Group. 

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