Federal Judge Halts DHS Rule Capping International Student Stays at Four Years

A federal judge has temporarily blocked a Department of Homeland Security rule that would have replaced the longstanding “Duration of Status” framework for international students and exchange visitors with fixed periods of admission of up to four years. The rule, which was scheduled to take effect September 15, would have required F and J visa holders needing additional time to complete their studies or programs to seek an extension from DHS. U.S. District Judge F. Dennis Saylor IV granted a preliminary injunction after finding that the plaintiffs were likely to succeed on several claims under the Administrative Procedure Act, including arguments that DHS inadequately justified the change, failed to meaningfully address public comments, and did not sufficiently consider less burdensome alternatives. The injunction keeps the existing duration-of-status framework in place while litigation continues, with the next hearing scheduled for October 2.