US Student Visa: 4-Year Stay Limit and 30-Day Grace Period Put on Hold after Court Ruling
- A US federal court in Massachusetts issued an order on September 14, 2026, blocking the DHS Duration of Status Final Rule from taking effect
- The ruling means F-1 and J-1 students and scholars will not face the proposed 4-year stay limit or the 30-day grace period changes
- It is noteworthy that the pause remains in place while litigation in the case Presidents' Alliance v. DHS continues in court
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A federal court in the United States has blocked a Department of Homeland Security (DHS) rule that would have significantly changed how long international students on F-1 and J-1 visas can stay in the country.
The U.S. District Court for the District of Massachusetts issued the order on September 14, 2026, one day before the rule was scheduled to come into force.
Source: Getty Images
The case is titled Presidents' Alliance v. DHS, No. 1:26-cv-13799-FDS.
What the US court ruling means for students
The court's decision delays the effective date of the DHS Duration of Status Final Rule while the legal challenge works its way through the courts. Because of the pause, the rule did not take effect on September 15, 2026, as originally planned.
Under the proposed rule, F-1 and J-1 students would have faced a fixed admission period rather than the current "duration of status" framework, which allows students to remain in the US for as long as they are actively enrolled and maintaining their programme requirements.
The new rule had also introduced a 30-day grace period that drew concern from students and educational institutions.
With the court order in place, the existing Duration of Status framework continues to apply to F-1 and J-1 students and J-1 exchange scholars, meaning their right to remain in the US is still tied to their academic or exchange programme and its requirements rather than a fixed clock.
Background on the final rule
The DHS had introduced the Duration of Status Final Rule as part of broader changes to how international students are admitted and allowed to stay in the US. The rule would have created a formal extension of stay procedure, requiring students to actively apply to remain rather than automatically continuing under their programme status.
The change sparked significant opposition from universities, student advocacy groups, and higher education organisations, ultimately leading to the legal action that resulted in Sunday's court order.
The pause does not permanently strike down the rule. A final decision on whether the rule can take effect will depend on the outcome of the ongoing litigation.
In a related story, Legit.ng reported that the US had shared what one should expect during a student visa interview.
How to secure visa to visit America
Meanwhile, Legit.ng previously reported that the US had explained how people can get a visa to visit America despite entry restrictions.
The US Embassy and Consulate in Nigeria updated its visa policies, introducing strict entry restrictions while outlining clear steps for eligible citizens to still travel to America.
While the new policies present a higher barrier to entry, the US has clarified that nonimmigrant travel for business and tourism (B1/B2) remains possible for those who meet the new criteria.
Source: Legit.ng
