Duration of Status Litigation

Updates 

  • Complaint and preliminary injunction filed on August 18, 2026 by a coalition of plaintiffs including NAFSA: Association of International Educators; the Presidents’ Alliance on Higher Education and Immigration; the Association of Independent Colleges and Universities in Massachusetts (AICUM); the American Federation Of Teachers (AFT); Graduate Labor Organization, AFT Local 6516 (GLO); International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW); United Auto Workers Local 2322; and The NewsGuild-CWA

Summary

On July 17, 2026, the Department of Homeland Security (DHS) published a final rule replacing the longstanding “Duration of Status” (D/S) framework for F-1 international students and J-1 exchange visitors with fixed admission periods of no more than four years. The rule also changes the admission framework for representatives of foreign media in I status by imposing fixed periods of admission.

Under the D/S framework, international students and scholars generally could remain in the United States as long as they continued making progress in their academic or exchange programs. The final rule instead imposes fixed admission periods and requires students and scholars who need additional time to complete their programs or training to apply for an Extension of Stay (EOS). It also introduces other restrictions and prohibitions, including limits on students’ ability to change educational objectives, transfer institutions, or pursue additional programs of study. The rule is scheduled to take effect on September 15, 2026.

On August 18, 2026, a coalition that includes NAFSA: Association of International Educators; the Presidents’ Alliance on Higher Education and Immigration; the Association of Independent Colleges and Universities in Massachusetts (AICUM); the American Federation Of Teachers (AFT); Graduate Labor Organization, AFT Local 6516 (GLO); International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW); United Auto Workers Local 2322; and The NewsGuild-CWA filed a complaint and a motion for preliminary injunction in the U.S. District Court for the District of Massachusetts challenging the Department of Homeland Security’s (DHS) final rule ending the Duration of Status (D/S) framework for international students, exchange visitors, and representatives of foreign media. Plaintiffs are represented by McDermott Will & Schulte.

The lawsuit challenges the final rule’s termination of the D/S framework for international students, exchange visitors, and representatives of foreign media. It seeks to prevent the rule from taking effect and to preserve the D/S framework.

The complaint argues that the final rule violates the Administrative Procedure Act because DHS failed to adequately assess its costs and benefits, meaningfully respond to public comments, consider less burdensome alternatives, or justify the rule based on its stated objectives. It also alleges that DHS provided an inadequate public comment period and exceeded its statutory authority.  These changes will create significant uncertainty and administrative burdens for international students, exchange visitors, and the institutions that support them. They will also interfere with academic decision-making, disrupt students’ educational and professional plans, and undermine the ability of U.S. colleges and universities to attract and retain global talent. 

Legal Documents

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