University Groups Sue to Block DHS Fixed-Term F-1 Student Rule

A coalition of higher education organizations and labor unions filed a federal lawsuit on August 18, 2026, seeking to stop a major Department of Homeland Security (DHS) rule that would end the longstanding “duration of status” system for F-1 international students and replace it with fixed periods of admission.

 

The DHS final rule was published on July 17 and is currently scheduled to take effect on September 15, 2026. Under the new framework, F-1 students and J-1 exchange visitors would generally be admitted for the length of their program, up to a maximum of four years, rather than remaining in authorized status for the duration of their studies as they do under the current system. Students who need additional time could be required to request an extension of stay from U.S. Citizenship and Immigration Services (USCIS).

 

The lawsuit does not itself suspend the rule. Unless a court blocks it, delays it, or another legal or regulatory development changes the timeline, the September 15 effective date remains in place.

 

 

For decades, most F-1 students have been admitted under “duration of status,” commonly shown as “D/S” on immigration records. Instead of receiving a fixed expiration date tied to a specific number of years, students can generally remain in the United States while properly maintaining F-1 status and pursuing their authorized academic program.

 

DHS's final rule replaces that framework with a fixed admission period. For F-1 and J-1 students entering under the new system, the authorized period would generally correspond to the program end date on Form I-20 or DS-2019 but could not exceed four years. If additional time is necessary, an extension of stay may be required.

 

DHS has emphasized that the four-year limit does not mean students must finish their degrees within four years. The agency acknowledges that undergraduate and graduate programs can take longer and provides an extension-of-stay process for students who require additional time.

 

The plaintiffs argue that this additional approval process is precisely the problem. Their complaint says students in longer programs could face uncertainty over whether USCIS will approve the additional time they need to finish their degrees.

 

 

The case was filed in the U.S. District Court for the District of Massachusetts. Plaintiffs include the Presidents’ Alliance on Higher Education and Immigration, NAFSA: Association of International Educators, the Association of Independent Colleges and Universities in Massachusetts, the American Federation of Teachers, The NewsGuild-CWA, United Auto Workers and affiliated unions.

 

The lawsuit asks the court to set aside the final rule and prevent DHS and U.S. Immigration and Customs Enforcement (ICE) from implementing it. The plaintiffs are also seeking relief that could stop the rule while the litigation proceeds.

 

Among their arguments, the plaintiffs contend that DHS acted arbitrarily and capriciously under the Administrative Procedure Act, inadequately considered the rule's costs and public comments, and failed to sufficiently justify why a four-year maximum was necessary. The complaint also argues that certain restrictions involving students pursuing programs at the same or a lower educational level exceed DHS's statutory authority. These are allegations made by the plaintiffs; the court has not yet ruled that the final rule is unlawful.

 

DHS, meanwhile, says replacing duration of status with fixed admission periods will strengthen oversight, help the government assess whether nonimmigrants continue to maintain status, and address concerns involving fraud, abuse and national security.

 

What the Lawsuit Means for F-1 Students Right Now

 

The most important point for international students is that filing the lawsuit did not automatically cancel or postpone the DHS rule.

 

As of August 19, 2026, the final rule remains scheduled to become effective September 15.

 

The rule also contains transition provisions for students already in the United States under duration of status. F-1 and J-1 nonimmigrants who are properly maintaining status when the rule takes effect would transition based on their existing program or employment authorization dates, subject to a four-year maximum measured from September 15, 2026.

 

The changes extend beyond the four-year admission limit. For students governed by the new rules, the F-1 post-completion departure period is reduced from 60 days to 30 days, and the fixed-term framework creates new extension-of-stay requirements affecting certain academic and practical-training situations.

 

Because the lawsuit is seeking to stop implementation before September 15, the next major development will be whether the federal court grants temporary or preliminary relief while the case is litigated.

 

 

The final rule does not eliminate CPT or Day 1 CPT.

 

DHS specifically addressed comments claiming the regulation would prohibit Day 1 CPT and stated that those comments misinterpreted the rule. According to DHS, the regulation changes the duration-of-status framework but “does not make substantive changes to CPT.”

 

However, the new extension system could still matter to F-1 students using CPT. Under the final rule, a student who timely files an extension-of-stay application may generally continue authorized CPT and certain other employment for up to 240 days while the application is pending. Different restrictions can apply when an extension request is filed during the 30-day period after completing studies or practical training.

 

Students considering programs longer than their authorized admission period—including doctoral students and students expecting extended periods of practical training—therefore have particular reason to follow the lawsuit closely.

 

For now, students should distinguish between two developments: DHS has issued a final rule scheduled to take effect September 15, and organizations representing universities, international educators and workers are now asking a federal court to stop that rule. A lawsuit has begun, but the outcome has not yet been decided.

 

 

- "DHS Final Rule: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for F, J and I Nonimmigrants" (https://reference-url-citation.invalid/12)

- "Complaint Challenging the DHS Duration of Status Final Rule — NAFSA" (https://reference-url-citation.invalid/13)

- "Plaintiffs’ Motion for Preliminary Relief — NAFSA" (https://reference-url-citation.invalid/14)

- "Forbes: University Groups File Immigration Lawsuit To Block Student Rule" (https://reference-url-citation.invalid/15)

- "Reuters: Unions and Advocacy Groups Sue to Overturn U.S. Visa Rule for Foreign Students and Journalists" (https://reference-url-citation.invalid/16)

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