A federal court has postponed the effective date of a DHS final rule that would have replaced duration of status admissions with fixed periods for F, J, and I nonimmigrants.
On September 14, 2026, the U.S. District Court for the District of Massachusetts granted a nationwide preliminary injunction in Presidents' Alliance on Higher Education and Immigration v. U.S. Department of Homeland Security. The order postpones the effective date of the rule published July 17, 2026, at 91 Fed. Reg. 44976 under 5 U.S.C. § 705. The court found plaintiffs likely to succeed on claims that the rulemaking was arbitrary and capricious under the Administrative Procedure Act.
Duration of status remains in effect for F, J, and I nonimmigrants and their dependents pending further court order. The rule itself is not vacated. Litigation continues on the merits. The injunction applies nationwide and preserves the prior framework for international students, exchange visitors, foreign media representatives, schools, sponsors, and employers.
Readers should monitor court updates and consult qualified immigration counsel before making plans that rely on current admission procedures.