The U.S. Department of Homeland Security (DHS) has 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 is set to take effect on September 15, 2026.

On August 18, 2026, a coalition of organizations representing institutions of higher education, teachers, and unions filed a lawsuit in the U.S. District Court in Massachusetts challenging the final rule and seeking an injunction to prevent the rule from taking effect on September 15.

The Plaintiffs in the lawsuit argue that the new 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 exceeded its statutory authority and did not provide a sufficient public comment period. 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 new rule eliminates the longstanding “duration of status” (D/S) framework and replaces 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 or call 415-981-3000.