Summary At a Glance
- A federal court has temporarily blocked the DHS final rule that would have replaced “duration of status” with fixed admission periods for certain F, J, and I non-immigrants.
- The rule, which was scheduled to take effect September 15, 2026, is currently on hold while litigation continues.
- Employers should continue following existing immigration and Form I-9 procedures for now.
On September 14, 2026, the U.S. District Court for the District of Massachusetts postponed the effective date of the DHS final rule nationwide. As a result, the existing duration-of-status framework remains in place.
The court found that the plaintiffs were likely to succeed on their claims that DHS did not adequately justify the rule under the Administrative Procedure Act. Among other concerns, the court found that DHS had not sufficiently addressed the rule’s costs and potential impacts, considered less burdensome alternatives, or meaningfully responded to significant public comments. The court also concluded that allowing the rule to take effect could cause immediate harm while the litigation is pending.
For additional information on the final rule and its requirements, see our prior HR blog post, DHS Establishes Fixed Admission Periods for International Students and Exchange Visitors.
What Happens Next?
The ruling does not permanently invalidate the final rule. The court postponed its effective date but denied the request to permanently vacate the rule at this stage, leaving that issue open as the case proceeds. DHS may also seek appellate review. Future court action could determine whether the rule ultimately takes effect, is modified, or is invalidated.
Next Steps for Employers
Continue following current Form I-9 and immigration compliance procedures and pause changes made specifically to prepare for the effective date of September 15.
Employers should also watch for information regarding the litigation and any DHS guidance for changes that could affect implementation.
HR Works will continue to monitor this matter and provide updates as they become available.
