On September 14, 2026, the U.S. District Court for the District of Massachusetts issued a preliminary injunction postponing the effective date of a Department of Homeland Security (DHS) final rule that would have replaced the longstanding “duration of status” (D/S) framework for F-1 students, J-1 exchange visitors, and I media representatives with fixed periods of admission. The rule had been scheduled to take effect on September 15, 2026.
Since 1978, F-1 students have generally been admitted for the duration of their approved academic programs, while J-1 exchange visitors and most I visa holders have similarly been admitted for the duration of their authorized activities. The DHS final rule would have replaced that framework with fixed admission periods, generally limiting F and J nonimmigrants to four years and I visa holders to 240 days, subject to extension requests filed with U.S. Citizenship and Immigration Services (USCIS). The rule also included restrictions affecting transfers, changes in educational objectives, and certain sequential degree programs.
The case, Presidents’ Alliance on Higher Education and Immigration v. U.S. Department of Homeland Security, was brought by several higher education and labor organizations challenging the rule under the Administrative Procedure Act (APA). The plaintiffs argued that the regulation would impose significant burdens on students, educational institutions, exchange visitor programs, and foreign media organizations.
The court concluded that the plaintiffs demonstrated a likelihood of success on their APA claims and satisfied the requirements for preliminary injunctive relief. Specifically, the court found that plaintiffs were likely to prevail on arguments that DHS:
The court emphasized that its decision was based on administrative law principles governing agency rulemaking rather than a policy judgment regarding the merits of the rule itself. The opinion states that the court’s role is to determine whether the agency complied with the requirements of the APA when promulgating the regulation.
Nationwide relief
In addition to finding that preliminary relief was warranted, the court determined that postponing the rule on a nationwide basis was appropriate. The court reasoned that limiting relief only to the plaintiff organizations could create administrative and operational complications for educational institutions and affected nonimmigrants, particularly given transfers between schools and participation in multi-institutional programs.
DHS may seek appellate review of the decision, and the underlying challenge to the rule remains ongoing. According to contemporaneous reporting, the preliminary injunction represents an initial stage of the litigation rather than a final decision on the merits.
What employers should consider doing now
As a result of the injunction, the existing duration-of-status framework for F-1 students, J-1 exchange visitors, and I media representatives remains in place while the litigation continues. Educational institutions, program sponsors, employers, and affected nonimmigrants may continue to operate under the current regulatory structure unless and until further judicial action occurs.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Angelo A. Paparelli
Partner, U.S. Immigration
Ryan Bravata
Manager, U.S. Immigration
Simply follow our Vialto Alerts page on LinkedIn and posts will be displayed on your feed. To ensure you don’t miss one, once you’re on our LinkedIn page, click on the bell icon under the banner image to manage your notifications.
Further information on Vialto can be found here: www.vialtopartners.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
© 2026 Vialto Partners. All rights reserved.