DHS Final Rule Temporarily Paused

The DHS Final Rule will not take effect on September 15, 2026, as previously expected.

On September 14, 2026, a federal court issued a nationwide preliminary injunction that temporarily prevents the U.S. Department of Homeland Security (DHS) from implementing the Final Rule while a legal challenge continues.

What does this mean for you?

For now, there are no changes to the current F-1 and J-1 immigration rules.

The changes that were scheduled to begin on September 15 are paused and are not currently in effect. This includes changes related to:

• Duration of Status (D/S) and fixed periods of admission
• The proposed four year limit on admission
• F-1 grace periods
• Extensions of Stay
• Certain academic program and school changes

You should continue to follow the current F-1 or J-1 regulations and the information on your existing immigration documents.

Why was the Final Rule paused?

A coalition of higher education organizations and other affected groups filed a federal lawsuit challenging the Final Rule. The lawsuit asks the court to prevent DHS from implementing the new regulations while the legal case is being decided.

On September 14, the court granted the plaintiffs' request for a nationwide preliminary injunction, which temporarily prevents DHS from implementing the Final Rule. In its order, the court found that the plaintiffs had demonstrated a substantial likelihood of success on their claims that DHS's adoption of the Final Rule may have been arbitrary and capricious under the Administrative Procedure Act.

The court's order does not mean that the Final Rule has been permanently canceled. The legal challenge is ongoing, and the court or DHS may take additional action in the future.

Do you need to take any action?

No action is required because of this court order.

Continue to maintain your F-1 or J-1 status as you normally would and follow guidance from Visa and Immigration Services (VIS).

If you previously reviewed VIS information about how the Final Rule could affect your academic, employment, or immigration plans, please note that those changes are currently paused.

Is the Final Rule permanently canceled?

No. The court's September 14 order temporarily prevents the Final Rule from taking effect while the legal challenge continues. It does not permanently cancel the rule.

VIS will continue to monitor the lawsuit and any additional court or DHS actions. If the status of the Final Rule changes, we will provide updated guidance to the Stony Brook international community.

What should you remember?

For now:

• The Final Rule is paused.
• Current F-1 and J-1 rules remain in effect.
• No action is required because of the court order.

VIS understands that this development may be confusing, particularly if you have been making academic, employment, or travel plans based on the anticipated changes. We will continue to monitor developments and provide updated information as it becomes available.

Please reach out to vis@stonybrook.edu or your assigned VIS advisor with any questions or concerns.