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United States: District Court Postpones Implementation of DHS Final Rule Eliminating Duration of Status for F, J, and I Nonimmigrants
Fragomen • • nation
Key Points:
- A Massachusetts federal district court has issued a preliminary injunction delaying the September 15 implementation of a DHS regulation that would replace duration of status admissions with fixed admission periods for F-1, J-1, and I nonimmigrants and their dependents.
- The regulation would require these nonimmigrants to apply for extensions or leave and re-enter the U.S. if they need more time to complete their programs, and it imposes new academic restrictions on F-1 students.
- A coalition of educational organizations and unions filed a lawsuit challenging the regulation, arguing it violates the Administrative Procedure Act due to inadequate comment periods and failure to properly assess the rule’s impacts.
- DHS is barred from implementing the rule pending further court orders but is expected to appeal the injunction quickly, meaning employers and foreign nationals should prepare for possible rapid changes.
- Fragomen is monitoring the case and will provide updates as the litigation progresses.
