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Federal court halts DHS rule that would end ‘Duration of Status’ for F-1 and J-1 visa holders

Sep 16, 2026
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Federal court halts DHS rule that would end ‘Duration of Status’ for F-1 and J-1 visa holders
International students and exchange visitors received a last-minute reprieve on Tuesday when a federal district judge issued a nationwide injunction delaying the Department of Homeland Security’s Final Rule that would have replaced the open-ended “Duration of Status” (D/S) admission system with fixed four-year stays. The rule, slated to take effect on September 15, also sought to tighten grace periods, cap program extensions, and impose new reporting duties on universities. In an email blast to students, Stony Brook University’s Visa & Immigration Services office confirmed that the court found DHS had likely failed to consider the rule’s academic impact and compliance costs. Until the litigation is resolved, existing D/S practices remain in force and no new action is required from F-1 or J-1 holders. The injunction eases immediate pressure on institutions that had been scrambling to revise internal tracking systems and advising materials. It likewise spares employers from looming uncertainty over Optional Practical Training (OPT) durations and STEM-OPT extensions that would have depended on the new fixed-stay model. Legal experts note that DHS could appeal or re-issue the rule with modifications, but any substantive change is now unlikely before the spring 2027 semester. Universities are urging students to keep copies of the court order in their travel packets and to verify that CBP continues to stamp “D/S” on new I-94 records. For corporate mobility managers, the pause restores clarity: F-1 hires can rely on the normal 60-day grace period, and cap-gap work authorization rules tied to OPT remain unchanged. Nevertheless, companies should audit onboarding checklists to ensure they can pivot quickly if the rule resurfaces.
Source: Stony Brook University Visa & Immigration Services

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