Business Immigration Insights

On September 14, 2026, a federal court stayed the effectiveness of the new DHS rule that drastically changes how F and J visa holders are admitted into the United States.  For decades, those holding F and J visas were admitted for “duration of status” rather until a fixed end date, meaning that as long as they maintained the terms and conditions of their programs, they could remain in the United States.  The new DHS rule, which was to take effect on September 15^th, 2026, changes “duration of status” to a fixed date and makes it more difficult for foreign students to attend US colleges and universities, change majors, transfer schools, and pursue advanced degrees.  While the court postponed implementation of the new rule under the Administrative Procedures Act, it denied a summary judgment motion without resolving the overall legal challenge to the new rule.  This leaves the new rule on hold until further legal action.

In the interim, F and J visa holders will still be admitted for “duration of status” following travel abroad.