On August 18, 2026, NAFSA: Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts (AICUM), the American Federation of Teachers (AFT), the Graduate Labor Organization (AFT Local 6516), the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), UAW Local 2322, and The NewsGuild-CWA filed a complaint and a motion for preliminary injunction in the U.S. District Court for the District of Massachusetts, challenging the Department of Homeland Security's (DHS) final rule ending the Duration of Status (D/S) framework for F-1 students and J-1 exchange visitors.
What the Rule Would Do: The rule replaces the current flexible D/S framework with admission for a fixed period tied to the program end date on a student's SEVIS record, capped at four years. It would require students and exchange visitors to file for extensions of stay, and would restrict the ability to change educational objectives, transfer institutions, or pursue additional programs. The rule is currently scheduled to take effect September 15, 2026. You can read our summary and review the FAQ here.
The legal argument: The complaint alleges the rule violates the Administrative Procedure Act, arguing DHS failed to adequately assess the rule's costs and benefits, meaningfully respond to public comments, consider less burdensome alternatives, or justify the rule against its own stated objectives — and that DHS provided an inadequate comment period and exceeded its statutory authority. Plaintiffs are asking the court to declare the rule unlawful and to block its implementation and enforcement.
Representation: Plaintiffs are represented by McDermott Will & Schulte, with Paul Hughes and Andrew Lyonsberg leading the litigation.
We will continue to monitor this litigation and share updates as they become available. See the joint press release and NAFSA's litigation update page for further detail.
