DHS’s End of “Duration of Status” Faces Its First Major Legal Challenge

The Department of Homeland Security’s recent decision to end the longstanding “Duration of Status,” or D/S, framework for F-1, J-1, and I nonimmigrants is now facing a significant legal challenge. On Tuesday, August 18, 2026, a coalition of higher education stakeholders including NAFSA, the President’s Alliance, the Association of Independent Colleges and Universities in Massachusetts, and graduate unions, filed suit in federal court challenging the regulation asking the court to block its implementation.

The litigation adds another layer of uncertainty for international students, exchange visitors, universities, and employers as the September 15, 2026, effective date approaches.

What is changing on September 15, 2026?

For decades, F-1 students and J-1 exchange visitors, including International Medical Graduates (IMG), have been admitted into the United States for “Duration of Status,” commonly referred to as D/S. For F-1 students, D/S was first introduced in 1978, and for J and I nonimmigrants D/S was first introduced in 1985. Rather than receiving a specific expiration date on the Form I-94, the arrival and departure record issued to foreign visitors entering the United States, these individuals generally could remain in the United States for a period that aligns with their program, maintaining valid status as long as they were making normal progress toward completion of their program.

The new DHS rule eliminates that framework. Beginning September 15, 2026, most F-1 and J-1 admissions will instead receive a specific “Admit Until Date” on the I-94. The period will be tied to the program end date, subject to a maximum admission period of four years. While this sounds like a technical change, it represents a fundamental shift in how international students and scholars maintain lawful status in the United States.

Following the September 11 attacks, the federal government expanded its systems for monitoring and collecting information about international students and exchange visitors. While these programs have statutory roots dating back to 1996, after 9/11 DHS renamed the legacy portal to SEVIS, the Student and Exchange Visitor Information System, and created the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to manage SEVIS. Under the current D/S system, a student whose academic program was extended could generally have the program end date updated in SEVIS without needing to obtain a new period of admission from USCIS. Under the new framework, an individual whose authorized stay extends beyond the I-94 expiration date will generally need to obtain an extension of stay from USCIS or depart the United States and seek readmission.

This creates new costs, administrative burdens, and opportunities for delays or mistakes.

Why is the rule being challenged?

The lawsuit filed August 18, Presidents’ Alliance on Higher Education and Immigration v. DHS,  is brought by a coalition requesting preliminary injunctive relief. The litigation will require the court to consider whether DHS acted within its statutory authority and followed the requirements of the Administrative Procedure Act when adopting the new framework. The plaintiffs are also challenging the practical consequences of replacing D/S with fixed admission periods and a substantially greater reliance on USCIS extension-of-stay procedures.

Specifically, the Plaintiffs argued that DHS failed to adequately explain several important aspects of the rule, including:

·       the relationship between the rule and the national-security/fraud concerns DHS identified;

·       the costs of the rule to higher education;

·       the expected increase in USCIS workload which will further negatively impact higher education;

·       the negative impact on international enrollment;

·       suggesting alternatives that might achieve DHS's objectives with less disruption; and

·       the nearly 22,000 public comments received on the proposed rule.

The timing is important as the regulation is currently scheduled to take effect on September 15, 2026, meaning the court could be asked to act before the new system takes effect.

At this point, however, the filing of the lawsuit does not suspend the rule or change its effective date. Unless a court or another legally effective action prevents implementation, the rule is scheduled to take effect on September 15, 2026.

What does this mean for current F-1 students?

The transition provisions are particularly important.

F-1 and J-1 nonimmigrants who are in the United States in D/S and properly maintaining status on September 15, 2026, generally will not automatically be converted to a fixed expiration date simply because the rule takes effect. DHS established transition provisions for individuals already in the United States.

However, the transition rules are not necessarily permanent. Travel, an extension of stay, a change of status, or other immigration events can move an individual into the new fixed-admission framework. The regulations also establish longer-term transition deadlines for individuals who remain in the United States without one of those triggering events.

This makes travel planning particularly important. A student who has been in the United States in D/S status may face a different admission framework when returning from international travel after September 15, 2026, and should work closely with the International Office at their schools.

Why this matters for OPT and STEM OPT

The rule does not eliminate OPT or STEM OPT. However, it changes the relationship between employment authorization and the student's period of authorized stay. During the transition period, F-1 students who timely file applications for post-completion OPT or STEM OPT on or before March 18, 2027, generally will not be required to file a separate extension-of-stay application for the requested OPT or STEM OPT period. After that transition period, students whose authorized admission period does not cover the requested OPT or STEM OPT period will generally need to address both employment authorization and their period of lawful stay.

What should students do now?

For now, the most important step is not to panic, but to plan.

Students and scholars should review their current I-94, I-20, or DS-2019, expected program completion date, OPT or STEM OPT plans, and anticipated international travel. Universities are already actively preparing how to appropriately counsel students about the interaction between SEVIS requirements and the new admission rules, if they take effect September 15, 2026. It is important to remember that until there is a court order or further guidance from DHS, however, students and scholars, including IMGs, should continue planning based on the rule as written.

The end of D/S is a major change to a system that has governed international students and exchange visitors for decades. The newly filed lawsuit may determine whether that change takes effect as scheduled, is delayed, or ultimately survives judicial review.

This article is intended for general informational purposes only and does not constitute legal advice. Immigration rules and litigation can change quickly, and individuals should consult qualified immigration counsel regarding their specific circumstances. Please contact Peterson Immigration if you would like to schedule a consultation to discuss the unique details of your situation.

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