Federal Judge Delays Implementation of New Rule on F-1 and J-1 Visa Programs

Immigration Updates

The U.S. Department of Homeland Security (DHS) issued a significant final rule that fundamentally alters how F-1 academic students and J-1 exchange visitors are admitted to the United States. The rule was set to take effect on September 15, 2026.

On September 14, 2026, a federal judge granted nationwide preliminary relief, blocking the final rule from taking effect. The court postponed the rule’s effective date and prohibited the Department of Homeland Security and ICE from taking any further action to implement it while the litigation proceeds. See Presidents’ Alliance on Higher Education and Immigration et al. v. U.S. Department of Homeland Security et al., 1:26-cv-13799 (D. Mass., filed Aug. 18, 2026). The Trump Administration is expected to appeal the decision.

If implemented, the new rule would eliminate the longstanding “duration of status” (D/S) framework and replace it with fixed admission periods of no more than four years and requires international students and exchange visitors to file applications with USCIS for extensions of stay. It also restricts students’ ability to change educational programs, pursue additional programs of study, or transfer schools. For additional information and a summary of key changes, please see New DHS Rule Makes Sweeping Changes to F-1 and J-1 Visa Programs.

We will continue to monitor the implementation of the rule and provide updates as they become available.

For additional information or specific legal advice, please contact your Van Der Hout representative.