Quick Hits
- On July 17, 2026, DHS published a final rule—scheduled to take effect on September 15, 2026—that would end the longstanding duration of status framework for F, J, and I visa holders.
- A U.S. district court found that the government’s national security justification for the rule was arbitrary and capricious.
- The duration of status framework remains in effect as litigation continues.
On July 17, 2026, DHS published a final rule scheduled to take effect on September 15, 2026, that would replace the duration of status (D/S) admission framework for F, J, and I nonimmigrants with fixed periods of admission. The rule also shortened the departure grace period for F and J visa holders from sixty days to thirty days and imposed a modified unlawful presence framework—one based on failure to timely file an extension-of-stay application rather than a formal U.S. Citizenship and Immigration Services (USCIS) finding of a status violation or an immigration judge’s removal order. Additionally, the rule imposed certain restrictions on F-1 students’ ability to transfer schools or change academic programs.
On August 18, 2026, a coalition of plaintiffs led by the Presidents’ Alliance on Higher Education and Immigration filed a complaint and motion for preliminary injunction in the U.S. District Court for the District of Massachusetts challenging DHS’s final rule. The complaint argued that DHS violated the Administrative Procedure Act, provided an inadequate public comment period, and exceeded its statutory authority. The plaintiffs contended that the changes would create significant uncertainty and administrative burdens for impacted individuals and institutions. On the eve of the rule’s effective date, the district judge in Presidents’ Alliance v. DHS granted nationwide preliminary relief, finding that DHS’s stated justifications were arbitrary and capricious and that allowing the rule to take effect would cause immediate and irreparable harm.
Next Steps
For now, F, J, and I visa holders do not need to apply for extensions of stay with USCIS and those traveling to the United States will continue to be admitted in D/S status. Employers and foreign nationals should remain vigilant and may want to be prepared for a possible reversal while the litigation continues.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.
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