On September 14^th a federal judge temporarily blocked a Trump administration rule that would have placed fixed limits on how long certain international students, exchange visitors, and foreign journalists could remain in the United States.

The Department of Homeland Security rule was scheduled to take effect on September 15, 2026 that would have replaced the longstanding “duration of status” system with fixed admission periods.

Under the rule, most F-1 students and J-1 exchange visitors would have been limited to four years, while foreign journalists in I status would generally have been limited to 240 days. Individuals needing additional time would have been required to request an extension from DHS.

Currently, many F-1 and J-1 visa holders are admitted for “duration of status,” commonly shown as D/S, allowing them to remain in the United States as long as they continue complying with the requirements of their immigration status and authorized program.

Why Did the Court Block the Rule?

On September 14, U.S. District Judge F. Dennis Saylor IV ruled that the plaintiffs had shown a substantial likelihood of succeeding in their challenge under the Administrative Procedure Act.

The government argued the new restrictions were needed to address fraud, abuse, and national-security concerns. The court found that it had not adequately connected the fixed time limits to those concerns and had not sufficiently addressed alternatives or objections raised during the rulemaking process.

The court also concluded that allowing the rule to take effect could cause significant harm to international students, universities, researchers, and other affected groups.

What Happens Now?

For now, the new fixed-duration rule is not in effect.

The court postponed the rule’s effective date nationwide while the lawsuit continues. As a result, the existing duration-of-status framework for F-1 and J-1 students and exchange visitors remains in place.

Importantly, this is not yet a final decision striking down the rule permanently. The court postponed its implementation while the legal challenge proceeds, and further litigation could change the outcome.

The Law Offices of Jacob Sapochnick will continue monitoring the case for additional developments.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

• September Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
• ICE Online Detainee Locator System
• ICE Immigration Detention Facilities
• USCIS Processing Times
• ImmigrationLawyerBlog
• ImmigrationU Membership 
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