Federal Court Blocks DHS Rule Limiting F, J, and I Visa Duration
Author
Lindsey M. Medina
On September 14, 2026, the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction preventing the Department of Homeland Security (DHS) from implementing its new rule that would have replaced the longstanding “duration of status” framework for F-1 students, J-1 exchange visitors, and I visa holders (foreign journalists).
Key Takeaways
- The rule is currently on hold nationwide and did not take effect on September 15, 2026 as scheduled.
- DHS’s rule would have:
- Limited F-1 and J-1 status to a maximum of four years.
- Limited I visa holders to 240 days.
- Required many individuals to file discretionary, non-appealable extension requests with USCIS to remain in the United States beyond those periods.
- Restricted certain program changes, transfers, and additional degree pursuits for F-1 students.
Practical Impact
Because the injunction applies nationwide:
- The existing duration of status (D/S) framework remains in effect for F-1, J-1, and I nonimmigrants.
- International students and exchange visitors may continue to maintain status under current rules without the new fixed-period admission requirements.
What’s Next?
The injunction is temporary and will remain in place while the litigation proceeds. DHS may appeal the decision, and the court has not yet issued a final ruling on the merits of the case.
Clark Hill will continue to monitor developments and provide updates as this litigation progresses.
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