F-1 Visa Students Get Relief From US Court
The DHS rule, which was published on July 17, would have limited F-1 students and J-1 exchange visitors to four-year admission periods or their course length, whichever is shorter
Hyderabad:Indian students in the United States have received temporary relief, after a federal court blocked the Department of Homeland Security (DHS) rule removing the long-standing duration of status (D/S) system with fixed periods of admission.
The US district court for the district of Massachusetts issued a nationwide preliminary injunction on September 14, just one day before the rule was due to take effect on September 15.
The DHS rule, which was published on July 17, would have limited F-1 students and J-1 exchange visitors to four-year admission periods or their course length, whichever is shorter. I visa holders, including foreign media representatives, would have faced a 240-day limit. Students — who needed additional time, under the new blocked rule — had to be required to apply to the US Citizenship and Immigration Services (USCIS) for an extension.
For Indian students, the injunction means they can continue to remain in the US under the D/S system, provided they maintain their immigration status and comply with the conditions of their programmes. They do not currently have to seek an extension simply because their course or academic journey lasts beyond four years.
The decision also keeps existing rules on changing educational objectives, transferring between institutions and pursuing additional programmes in place. This is particularly significant for Indian students who may take longer to complete degrees, change programmes or move from one academic level to another.
The court found that the organisations challenging the rule were likely to succeed in showing that DHS had failed to properly consider important issues, including the possible effect on international student enrolment, economic consequences, alternatives to the fixed-term system and concerns raised through nearly 22,000 public comments.
As the new rule has been blocked by the federal court, USCIS will not accept the forms which were released under the blocked rule. They have reverted to the earlier form editions. Students filing Form I-765 for employment authorisation should use the previous edition published on August 21 of 2025. Similarly, those filing Form I-539 for extension or change of status should use the August 28 of 2024 edition of the form.
However, the injunction is not a complete removal of the new rule as the lawsuit remains ongoing. The fixed-admission system could still be introduced later if the court ultimately allows the rule to take effect.
