A major legal challenge has been launched against the Department of Homeland Security’s finalized rule eliminating “Duration of Status” (D/S) for F-1 and J-1 visa holders.
On August 18, a coalition comprising NAFSA, the Presidents’ Alliance on Higher Education and Immigration, the American Federation of Teachers, and the United Auto Workers filed suit in federal court in Massachusetts seeking to vacate the rule.
The lawsuit contends that the DHS rule is arbitrary and relies on anecdotal rather than systemic data (pointing out a 0.067% historical overstay rate), ignored significant public comments, and could cost the U.S. economy between $72 billion and $145 billion annually over the next decade.
Key Upcoming Dates:
- August 31, 2026: Deadline for the government’s formal response.
- September 9, 2026: In-person preliminary injunction hearing.
- September 15, 2026: Scheduled effective date for the rule (unless blocked by court injunction).
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