F-1 and J-1 Visa Holders
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Court Postpones New Fixed I-94 Expiration Dates for F-1 and J-1 Visa Holders

UPDATE – September 15, 2026: A federal court has postponed implementation of the Department of Homeland Security (DHS) rule that would have replaced “duration of status” (D/S) admission for F-1 students and J-1 exchange visitors with fixed I-94 expiration dates.

The rule, originally scheduled to take effect September 15, 2026, would have significantly changed how F-1 and J-1 nonimmigrants are admitted to and maintain status in the United States.

On September 14, 2026, the U.S. District Court for the District of Massachusetts granted nationwide relief postponing the effective date of the rule while the legal challenge continues.

What This Means for F-1 and J-1 Visa Holders

For now, the existing duration-of-status framework remains in place. F-1 students and J-1 exchange visitors will not become subject to the new fixed-period admission system on September 15 as originally planned.

As a result, the provisions of the new rule described below—including fixed I-94 expiration dates, a maximum four-year admission period for F-1 and J-1 nonimmigrants, and new extension-of-stay requirements—are not currently taking effect.

The court did not vacate the rule. Instead, it postponed the rule’s effective date under the Administrative Procedure Act while the litigation proceeds. The court expressly left open the possibility of considering further relief as the case continues.

What Employers, F-1s and J-1s Should Know

There is no immediate change to the current D/S admission framework as a result of the rule today. Employers, schools, F-1 students and J-1 exchange visitors should therefore continue to follow the existing requirements applicable to F and J status.

The litigation remains ongoing, however, and the status of the rule could change as the case proceeds.

Maggio Kattar will continue to monitor developments and provide updates regarding the rule and its potential impact on F-1 and J-1 nonimmigrants, their schools and employers.