Court hears challenge to DHS rule ending duration-of-status for foreign students

On Thursday, a federal judge in Massachusetts listened to a challenge brought by a coalition of higher-education associations, unions and other groups against a Department of Homeland Security final rule that ends the “duration of status” (D/S) framework for F-1 international students and J-1 exchange visitors. The coalition, which includes NAFSA, the Presidents’ Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts and the American Federation of Teachers, seeks a preliminary injunction to stop the rule, which was published on July 17 and would impose fixed admission periods of up to four years.

Under D/S, students could remain in the United States for the length of their program as long as they maintained status; the new rule would force those needing additional time to apply for extensions, tightening limits on transfers and program changes. Plaintiffs warn that the shift could cause “serious and irreparable harms” to international students, scholars, universities, local communities and the U.S. economy, especially for students from India and other countries with multi-year programs. The court has not issued a decision, and the regulation is slated to become effective on September 15, 2026.