Duration of Status Rule Faces Federal Lawsuit Ahead of September 15
- ARCFE U.S.
- Aug 24
- 3 min read
A coalition of higher education organizations and labor groups has filed a federal lawsuit challenging the Department of Homeland Security's (DHS) new Duration of Status rule, which is scheduled to take effect on September 15, 2026.
The lawsuit was filed on August 18 in the U.S. District Court for the District of Massachusetts. The plaintiffs have asked the court to block or postpone implementation of the rule while the case moves forward. A hearing on their request is scheduled for September 3.
As of August 27, however, the court has not issued an order stopping the rule. The September 15 effective date therefore remains in place for now.
What Does the Duration of Status Rule Change?
For decades, many F-1 students and J-1 exchange visitors have been admitted to the United States for Duration of Status, or D/S, allowing them to remain while they continue to maintain their authorized academic, exchange or practical-training activities.
Under the DHS final rule published on July 17, that framework will be replaced with fixed periods of admission for F, J and I nonimmigrants. For F and J visa holders, admission will generally be tied to the length of the academic or exchange program, with a maximum period of up to four years. Those who need additional time may need to apply for an extension of stay.
ARCFE previously covered the rule in more detail in DHS Ends Duration of Status: What This Means for F-1/J-1 Visa Holders. Read the full ARCFE D/S rule overview
Why Is the Rule Being Challenged?
The plaintiffs include NAFSA: Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, higher education organizations and several labor unions.
Their lawsuit argues, among other claims, that DHS did not adequately evaluate the rule's costs and benefits, sufficiently consider public comments or less burdensome alternatives, and properly justify some of the restrictions included in the final rule.
These are the plaintiffs' legal arguments. The court has not yet ruled on whether those claims are correct.
The plaintiffs are seeking preliminary relief before the rule takes effect, making the September 3 hearing an important next step in the case.
Is the September 15 Effective Date Still Valid?
For now, yes.
Filing a lawsuit does not automatically suspend a federal regulation. Unless the court issues an order blocking or postponing implementation, or DHS announces another change, the rule remains scheduled to take effect on September 15. NAFSA and several U.S. universities are currently advising students based on that timeline.
International students should therefore avoid assuming that the lawsuit has already stopped the rule. F-1 and J-1 visa holders should continue following the requirements currently in effect and monitor updates from DHS, their school's international student office and qualified immigration counsel as the September 15 date approaches.
For international students and families whose plans extend beyond temporary student status, immigration policy changes can also be a reminder to review longer-term U.S. residency options early. ARCFE's EB-5 for F-1 Families guide discusses how eligible families may evaluate EB-5 alongside education, OPT and longer-term immigration planning. Read EB-5 for F-1 Families
If you are considering EB-5 and would like to learn more about current program requirements and available ARCFE projects, contact ARCFE for additional information. Individual immigration and legal questions should be reviewed with qualified immigration counsel.
To learn more, read How to Choose an EB-5 Regional Center, review Track Record, Transparency, and Trust: How to Evaluate an EB-5 Regional Center, or explore the ARCFE EB-5 Process.
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This article is provided for general informational purposes only and does not constitute legal, tax, investment or immigration advice.
