A coalition of higher education groups and labour unions has sued the US Department of Homeland Security (DHS) to block its new rule ending “duration of status” for international students, days before the policy is set to reshape how F-1 and J-1 visa holders are admitted to the country.

The lawsuit was filed on August 18 in the US District Court for the District of Massachusetts, along with a motion for a preliminary injunction seeking to stop the rule from taking effect on September 15, 2026.

What The Lawsuit Says

The complaint argues that DHS’s final rule violates the Administrative Procedure Act. Specifically, the plaintiffs say DHS failed to adequately assess the rule’s costs and benefits, did not meaningfully respond to public comments, did not consider less burdensome alternatives, and did not justify the new regulation against its own stated objectives. The complaint also alleges the agency gave the public an inadequate comment period and exceeded its statutory authority in issuing the rule.

“After carefully reviewing the final rule and the sweeping harm it will cause to our national interest, it is clear that litigation is warranted and necessary,” said Fanta Aw, CEO of NAFSA, one of the lead plaintiffs.

Why Now

DHS published the final rule on July 17, 2026, replacing the decades-old “duration of status” (D/S) framework — under which international students and exchange visitors could remain in the US as long as they kept making progress in their academic or exchange programme — with fixed admission periods of no more than four years. The rule also imposes fixed admission periods on representatives of foreign media on I visas.

Under the new system, students and scholars who need more time to finish their programme or training must file for an Extension of Stay (EOS). The rule also adds new restrictions on students’ ability to change their educational objectives, transfer institutions, or take up additional programmes of study.

The plaintiffs say these changes will create significant uncertainty and administrative burden for students and the institutions that support them, interfere with academic decision-making, disrupt students’ educational and professional plans, and weaken US colleges’ ability to attract and retain global talent.

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What Changes For Students From September 15

Even as the litigation plays out, here is what the rule itself means for F-1 students and OPT participants if it takes effect as scheduled.

Do current F-1 students need to apply for EOS? Students already in the US under duration of status can continue to stay without applying for an EOS until the Program End Date on their Form I-20, or until the end of their post-completion OPT or STEM OPT extension — whichever applies.

However, their stay cannot extend beyond November 14, 2030 (four years from the rule’s effective date, plus a 60-day departure period). Students wanting to stay beyond that date must apply for an EOS, either to start a new programme of study or to begin post-completion OPT or STEM OPT. Alternatively, a student can travel outside the US and seek readmission with a fresh period of admission to start a new course of study.

Can current F-1 students still travel? Yes. But from September 15, 2026 onward, students returning to the US may be admitted with a new fixed period of admission — the Program End Date on their I-20, capped at four years, plus a 30-day departure period. The rule also cuts the grace period after finishing a programme or OPT/STEM OPT from 60 days to 30 days.

What about students currently on OPT? Students who have already timely filed for post-completion OPT or STEM OPT on or before six months after the rule takes effect — i.e., by September 15 — do not need to apply for an EOS.

Students who stay in the US for 60 days after September 15, 2026 and file for post-completion OPT or STEM OPT by March 18, 2027 also don’t need a separate EOS application. However, those who travel before filing for OPT or STEM OPT will need to submit both an EOS application and their OPT/STEM OPT application upon returning to the US.

Students with a timely filed cap-subject H-1B petition eligible for “cap-gap” protection also don’t need an EOS — they can remain in F-1 status until their H-1B petition is decided, or until April 1 of the relevant fiscal year, whichever comes first.

What Happens Next

With the preliminary injunction motion now before the District of Massachusetts, the court’s ruling on that request — expected in the coming weeks — will determine whether the rule takes effect as planned on September 15 or is put on hold while the underlying challenge proceeds.

Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. Financial Express is not responsible for any decisions made based on this information.