On August 18, 2026, a coalition of higher-education and labor organizations sued the Department of Homeland Security in federal court in Massachusetts, seeking to block the agency’s new rule ending “duration of status” admission of F and J nonimmigrants before it takes effect.
Background. For more than 40 years, F-1 students, J-1 exchange visitors, and I nonimmigrant representatives of foreign media have been admitted for “duration of status” — meaning they could remain in the U.S. for as long as they maintained their program, without a fixed expiration date stamped on their arrival record. As previously reported, DHS’s Final Rule, set to take effect September 15, 2026, would:
- mandate fixed admission periods for F and J nonimmigrants,
- require discretionary extension applications for anyone who needs more time,
- prohibit graduate students from changing academic programs,
- create new restrictions on pursuing a degree at the same or lower level,
- tighten transfer rules for undergraduates, and
- reduce the post-completion “grace” period of stay from 60 days to 30.
The plaintiffs’ arguments . The complaint is structured around three claims under the Administrative Procedure Act:
- Arbitrary and capricious rulemaking. Plaintiffs argue DHS quantified billions of dollars in compliance costs but offered no quantified benefits, and separately declined to quantify the rule’s biggest projected cost — a drop in international enrollment. They also contend DHS gave only conclusory responses to roughly 22,000 public comments and brushed aside less disruptive alternatives that commenters proposed.
- Inadequate comment period. DHS gave the public 32 days to comment on the proposed rule, well short of the 60 days that agencies generally provide, especially, for a rule reworking nonimmigrant categories touching millions of stakeholders.
- Exceeding statutory authority. Plaintiffs say barring F-1 students from starting a program at the same or lower level than one they already completed conflicts with the plain language of the statute, which does not tie F-1 eligibility to degree-level progression.
What the plaintiffs are asking. The requested relief includes vacating the rule, and preliminarily and permanently enjoining its implementation and enforcement.
Our perspective. The rule currently remains on track for its September 15, 2026, effective date unless and until a court says otherwise. However, this is a case worth watching closely if you sponsor F-1 or J-1nonimmigrants because a stay or preliminary injunction in the coming weeks would directly affect OPT/STEM OPT work authorization procedures for affected employees.
We will continue tracking this litigation and provide further updates as more information becomes available. If you have any questions about how this rule may affect your workforce, please reach out to your Meltzer Hellrung professional.
