Regulatory Update: Federal Court Blocks DHS Rule Ending “Duration of Status”

A federal judge in Massachusetts has issued a preliminary injunction postponing the implementation of the Department of Homeland Security (DHS) final rule that intended to eliminate “Duration of Status” (D/S) for F-1 students, J-1 exchange visitors, and I foreign media representatives.

The rule, which would have replaced D/S with fixed periods of admission (such as a maximum four-year cap), was scheduled to take effect nationwide on September 15.

Key Highlights

• The effective date of the final rule is postponed pending resolution of the litigation on the merits or further order of the court.
• In the 48-page ruling, the court noted that DHS:
  • Failed to adequately respond to over 22,000 public comments submitted against the proposed rule.
  • Neglected to properly consider less disruptive policy alternatives.
  • Relied on flawed reasoning, stating that the government’s national security justification “borders on the absurd.”

Impact on employers, universities, and visa holders

• The longstanding Duration of Status framework remains active. F-1, J-1, and I visa holders will continue operating under current D/S rules rather than fixed admission end-dates.
• Higher education institutions and employers are not required to roll out planned compliance workflows or extension-of-stay tracking that were prepared for the September 15 rollout.
• The rule has been preliminarily enjoined, not vacated or permanently struck down. It remains subject to potential appeals or future court proceedings.

Next steps for employers & outlook

A status conference with the court is scheduled for October 2.

• Employers and designated school officials (DSOs) should pause implementation of new fixed-period tracking systems while keeping contingency plans accessible in the event of an appellate challenge.
  • Pause rollout: Keep current Duration of Status (D/S) rules active instead of fixed end dates.
  • Hold plans: Keep prepared compliance workflows and population reviews on standby.
  • Monitor litigation: Track court proceedings and upcoming agency guidance for sudden appeals.

We strongly advise you to consult with qualified immigration counsel to review your specific circumstances before taking any action. For now, affected parties should maintain current compliance procedures and stay put under the existing Duration of Status framework until further judicial or agency directives are issued. We are monitoring the proceedings closely. Follow our blog for real-time analysis, breaking developments, and upcoming status conference updates.

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