Elimination of Duration-of-Status for F & J Visa Holders – PAUSED BY INJUNCTION
- September 30th, 2026
- in Capstone International Services
ELIMINATION OF DURATION-OF-STATUS FOR F & J VISA HOLDERS – PAUSED BY INJUNCTION (UPDATED 09/30/2026)
VISIT D/S RULE PAGE: Final Rule Ending D/S and Restricting Academic MobilityOn July 17, 2026, the U.S. Department of Homeland Security (DHS) published its Final Rule Ending D/S and Restricting Academic Mobility, which among other things, eliminates “duration of status” for individuals in F-1, F-2, J-1, and J-2 visa categories.
This rule was set to go into effect on Tuesday, September 15, 2026. It is currently under injunction.
- Read the Final Rule (published 07/17/2026).
- Read the ISSS Message to the International Student & Scholar Community of UA (sent 07/17/2026).
- See the Webinar held by ISSS (recorded 08/07/2026) – Zoom Recording & Slides.
- See the Webinar held by ISSS (recorded 09/04/2026) – Zoom Recording & Slides.
- Visit ISSS’ standalone page for the Final Rule Ending D/S and Restricting Academic Mobility.
Injunction Issued (UPDATED 09/30/2026)
On August 18, 2026, NAFSA: Association of International Educators, the President’s Alliance on Higher Education and Immigration, and other organizations filed a complaint and a motion for preliminary injunction in the U.S. District Court for the District of Massachusetts challenging the Department of Homeland Security’s (DHS) final rule ending the Duration of Status (D/S) framework for international students, exchange visitors, and representatives of foreign media.
On September 3, 2026, the U.S. District Court for the District of Massachusetts heard arguments on the motion for preliminary injunction.
On September 14, 2026, the U.S. District Court for the District of Massachusetts issued a nationwide order, pausing the D/S rule from going into effect. Full text of the Memo and Order on the motion for preliminary injunction is available here.
On September 30, 2026, the Deparment of Homeland Security filed a Notice of Appeal to the September 14 Injunction.
Please note, there has not been a final ruling on the lawsuit itself. Even with the Appeal, The Department of Homeland Security is currently enjoined from implementing the D/S rule. The next hearing is scheduled for October 2, 2026.
- See NAFSA’s Legal Challenge Page.
- See NAFSA’s and the Presidents’ Alliance joint press release.
- See NAFSA’s litigation update page.
- Read the full complaint.
- Read the motion for a preliminary injunction.
- Read the Memo and Order on the motion for preliminary injunction.
For more information see:
- NAFSA Analysis: https://www.nafsa.org/dsfinalruleanalysis
- DHS Study In The States Quick Facts: https://studyinthestates.dhs.gov/elimination-of-duration-of-status-quick-facts
- DHS Study In The States FAQs: https://studyinthestates.dhs.gov/final-rule-establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-faq
Brief Timeline of the Rulemaking:
- August 28, 2025 – the Department of Homeland Security published 90 FR 42070 a proposed rule to eliminate “duration of status.”
- September 29, 2025 – the open comment period ended. DHS was required to review public comments and prepare a response to all substantive comments.
- May 5, 2026 – DHS sent the rule to the Office of Information and Regulatory Affairs within the Office of Management and Budget (OMB) for review.
- June 17, 2026 – OMB completed their review of the final rule – https://www.reginfo.gov/public/do/eoDetails?rrid=1370061.
- July 17, 2026 – OMB published the final rule to the Federal Register with an effective date 60 days into the future.
- September 14, 2026 – U.S. District Court of District of Massachusetts issues preliminary injunction
- September 15, 2026 – the final rule was supposed to go into effect
- September 30, 2026 – DHS files a Notice of Appeal
For the latest information on Regulatory Actions, please see the following resource: