On September 14, 2026, a federal judge issued a nationwide preliminary injunction blocking a Department of Homeland Security rule that would have capped F-1, J-1, and I student visas at four years. The rule was set to take effect the next day, September 15. Duration of status — the longstanding policy that lets international students stay in the U.S. for as long as they remain enrolled and in compliance — remains in place while the case proceeds in court. No action is required from current students right now. But this is not over.

One day before a sweeping change to U.S. student visa policy was set to take effect, a federal court stopped it cold.

On Monday, September 14, 2026, District Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction blocking the Department of Homeland Security's new "fixed-term admission" rule. The judge found that the rule "introduces, at a minimum, a high degree of uncertainty into the educational process" and that plaintiffs were likely to succeed on the merits.1

For international students enrolled at U.S. colleges and universities, the immediate bottom line: nothing changes.

What the Rule Would Have Done

The DHS rule, published in the Federal Register on July 17, 2026, would have eliminated "duration of status" (D/S) as the admission framework for F-1, J-1, and I visa holders.2 Under D/S — in place for decades — international students can stay in the U.S. for as long as they remain enrolled in an approved program and comply with visa conditions.

The new rule would have replaced D/S with a hard cap: visa admission would run until the shorter of the student's program end date (as listed on the I-20 or DS-2019 form) or four years, plus a 30-day grace period. Students who needed more time — anyone in a five-year undergraduate program, a doctoral student, a medical resident — would have been required to file a formal extension, pay fees, and submit biometrics.

The rule was set to take effect September 15, 2026.

What the Court Did

The lawsuit challenging the rule — Presidents' Alliance on Higher Education and Immigration v. Department of Homeland Security, No. 1:26-cv-13799 — was filed in the Massachusetts federal court by the Presidents' Alliance on Higher Education and Immigration, NAFSA (the national association for international education professionals), and four labor unions.1

One day before the rule took effect, the court issued a nationwide preliminary injunction. DHS and Immigration and Customs Enforcement are now barred from implementing or enforcing the rule while litigation continues.

The existing D/S framework is back in place for all F, J, and I nonimmigrant students, as if the rule had never been published.

What the injunction does NOT do: A preliminary injunction pauses the rule — it does not permanently strike it down. The court has not yet ruled on the substance of the case. If the government ultimately wins the litigation, the rule could still take effect. Students planning multi-year programs should monitor this case closely.

Three Things Most Coverage Is Not Saying

1. Check your I-94 if you arrived in the 24 hours before the injunction.

The rule was technically effective for a brief window between its publication and the injunction. Students who arrived at a U.S. port of entry on September 15 — after midnight but before the injunction was formally entered — may have received fixed-term admission on their I-94 rather than D/S status. If your I-94 shows a specific end date rather than "D/S," contact your school's international student office immediately. You are not in violation, but you need the record corrected.1

2. Extension applications already filed are in limbo.

Some students who anticipated the rule taking effect had already begun filing or researching I-539 extension applications. The injunction does not automatically withdraw those applications or alter their status. If you filed any immigration paperwork in response to this rule, talk to an immigration attorney before taking further action.

3. The legal fight centers on whether DHS had the authority to make this change at all.

The plaintiffs' core argument is not that the policy is bad — it's that Congress, not DHS, sets the terms of student admission, and that DHS exceeded its statutory authority. If that argument prevails, the court would not just block this rule but potentially limit DHS's ability to make similar changes in the future without congressional action.

The safe move right now: verify your current immigration status through your school's DSO (Designated School Official) and confirm your I-94 shows D/S. International student offices have been briefed on this ruling and can confirm your record is clean.

What International Students Should Do Right Now

  1. Verify your I-94 record at i94.cbp.dhs.gov. If it shows D/S, you are unaffected.
  2. Contact your international student office if you have questions — they are tracking this case in real time.
  3. Do not take immigration action based on the now-blocked rule. File no extension applications, make no travel plans, and take no new steps that were motivated by this rule.
  4. Monitor the case docket at the Presidents' Alliance litigation page (presidentsalliance.org).

The court will continue to hear the underlying case. A final ruling could come months from now. Until then, D/S stands.

More background on how this rule developed: our earlier post on the F-1 visa 4-year cap covers the rule from when it was first submitted to OMB in May.

For international students affected by other recent policy changes, see our coverage of CPT restrictions and F-1 internship limits and OPT processing delays.

For students still deciding whether to attend a U.S. college, see our guide on applying to U.S. colleges as an international student and financial aid options for international students.

The broader pattern of declining international enrollment that has accompanied these policy changes is documented in our report on international student enrollment decline.

Footnotes

  1. Higher Ed Dive. (2026, September 14). 4-year visa cap for international students halted by federal judge. https://www.highereddive.com/news/4-year-visa-cap-for-international-students-halted-by-federal-judge/830447/; ICEF Monitor. (2026, September 15). US court grants preliminary injunction to block rule that would have ended Duration of Status admissions for international students. https://monitor.icef.com/2026/09/us-court-grants-preliminary-injunction-to-block-rule-that-would-have-ended-duration-of-status-admissions-for-international-students/ ↩ ↩2 ↩3

  2. Presidents' Alliance on Higher Education and Immigration. (2026). Duration of Status Litigation. https://www.presidentsalliance.org/duration-of-status-litigation/ ↩