Federal Court Postpones DHS Rule That Would Have Ended "Duration of Status" for F-1 and J-1 Employees
This is a follow up to our July 21st article: DHS Publishes Final Rule Ending Duration of Status for F-1 Students.
A federal district court has blocked — for now — a DHS rule that would have eliminated "duration of status" (D/S) for F-1 students and J-1 exchange visitors and replaced it with fixed admission periods. The rule had been scheduled to take effect today, September 15, 2026. Employers who employ F-1 (including OPT and STEM OPT) and J-1 workers can continue operating under the existing D/S framework for now, but this is a preliminary, not final, ruling, and the situation remains fluid.
What Happened
- DHS’s final rule, set to take effect today, would have replaced “D/S” with fixed periods of admission for F-1 students and J-1 exchange visitors capped at four years. Anyone needing more time than the period granted will need to file an extension-of-stay (I-539) application with USCIS.
- A coalition of higher-education and labor organizations sued in the U.S. District Court for the District of Massachusetts, arguing the rule violated the Administrative Procedure Act.
- On September 14, 2026 — one day before the rule's effective date — a U.S. district court granted a nationwide preliminary injunction, postponing the rule's effective date and barring DHS and ICE from implementing or enforcing it while the litigation continues.
What This Means for Employers Right Now
- No immediate change. F-1 and J-1 employees currently in the U.S. remain admitted for "duration of status" — i.e., for as long as they maintain their program/status — rather than to a fixed expiration date.
- STEM OPT and cap-gap arrangements are unaffected for now. Existing F-1/OPT compliance obligations (I-983 requirements, unemployment day counting, employer-change reporting) continue under the current framework.
- No new extension-of-stay filings are required as a result of this rule at this time.
- This is not a final resolution. The court explicitly framed this as a postponement. The judge noted that fully striking down the rule "may ultimately prove appropriate" but declined to go that far at this stage. The government is expected to appeal.
- Continue tracking F-1/J-1 employees' program end dates and status normally — don't assume permanent relief.
Looking Ahead
This litigation is ongoing and the preliminary injunction could be narrowed, extended, or overturned as the case proceeds. ILG will continue monitoring this development and provide updates as they become available. If you have questions, please contact your ILG attorney or reach our firm at
This alert is for general informational purposes and does not constitute legal advice. Please contact our office with questions about how this development affects specific employees or sponsorship plans.