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Federal Judge Halts DHS Rule Limiting International Students to Four-Year Stays

Sep 15, 2026
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Federal Judge Halts DHS Rule Limiting International Students to Four-Year Stays
On the eve of implementation, U.S. District Judge F. Dennis Saylor IV issued a nationwide preliminary injunction on September 14 blocking a DHS regulation that would have replaced “duration of status” with fixed time limits—four years for most F-1 students and 240 days for foreign journalists. The court found the rule likely violates the Administrative Procedure Act and would cause “catastrophic” harm to universities, research output and the U.S. economy. Plaintiffs, including major higher-education unions and NAFSA, argued that the time caps ignored academic realities: Ph.D. programs often exceed four years, and extension procedures were unworkable. For corporate mobility, the ruling averts immediate disruption to thousands of STEM pipelines that feed OPT and H-1B hiring. Had the rule taken effect, employers would have faced new uncertainty over work-authorization end dates, complicating project staffing and long-term succession planning. Universities welcomed the decision, noting that international enrollment was already down nearly 10 percent this fall. DHS may appeal, but most observers expect a lengthy court battle that could push the issue past the 2026 midterms. In the interim, F-1 and J-1 visitors continue to be admitted for “duration of status,” and existing I-20/DS-2019 program end dates remain controlling. Mobility managers should nevertheless audit compliance systems to ensure timely SEVIS reporting and be prepared for possible future policy shifts.
Source: The Washington Post

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