US court hears challenge to Trump administration's new student visa rule ending 'duration of status' for international students

A US federal court has heard arguments challenging the Trump administration’s decision to end the longstanding “duration of status” framework for international students and exchange visitors, with higher-education groups warning that the new system could disrupt academic plans and make the US less attractive to international talent.

The US District Court for the District of Massachusetts heard oral arguments on September 3 in a lawsuit filed by a coalition of higher-education associations and unions. The plaintiffs are seeking to block the Department of Homeland Security (DHS) rule before it takes effect on September 15, 2026.

Also Read: US court blocks Trump administration from using student visas to punish speech


The court has not yet issued a ruling.

What is the new US student visa rule?

The DHS final rule, published on July 17, replaces the decades-old “duration of status”, or D/S, system for F-1 international students and J-1 exchange visitors with fixed periods of admission of up to four years.

Under the existing D/S system, students who maintain their immigration status and make normal progress in their academic programmes can generally remain in the US for the duration of their studies.

The new system would require students and exchange visitors who need more time to complete their programmes or training to apply for an extension of stay.

Also Read: US unions sue Trump administration over new time limits on student and journalist visas

The rule also introduces restrictions affecting academic mobility, including changes to educational objectives, transfers between institutions and additional programmes of study. It also applies changes to representatives of foreign media holding I visas.

Higher-education groups challenge the rule

The lawsuit was filed on August 18 by organisations including NAFSA: Association of International Educators, the Presidents’ Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts, the American Federation of Teachers and several unions.

The coalition has also sought a preliminary injunction to prevent the rule from taking effect.

The plaintiffs argue that DHS failed to adequately assess the rule’s costs and benefits, respond to public comments and consider less burdensome alternatives. They also allege that the agency exceeded its statutory authority.

Following the September 3 hearing, the Presidents’ Alliance said the arguments highlighted what it described as “serious and irreparable harms” for international students, scholars, higher-education institutions, communities and the US economy.

Miriam Feldblum, president and CEO of the Presidents’ Alliance, said, “Today's hearing laid out the serious and irreparable harms this rule would cause to international students, scholars, higher education institutions, our communities, the economy, and U.S. research and innovation.”

She also said the hearing underscored the coalition’s concerns over the government’s handling of the rulemaking process.

Fanta Aw, executive director and CEO of NAFSA, said the organisation remained opposed to the change.

“We remain steadfast in our belief that DHS's decision to end Duration of Status is a misguided and unnecessary policy shift that injects uncertainty, bureaucracy, and fear into a system that has long worked effectively,” Fanta Aw said.

“At a time when global competition for talent is intensifying, this policy is not just bad for higher education, it is bad for American innovation, economic growth, workforce development, and global leadership,” she said.

Why international students are keenly watching the case

The case could be significant for Indian and other international students pursuing programmes that take longer than four years, including doctoral and research programmes.

Students whose studies, training or Optional Practical Training require additional time could have to seek an extension of stay under the new framework instead of continuing under D/S.

The change could also affect students who want to change their educational objectives, transfer institutions or pursue additional programmes.

For universities, higher-education groups have warned that the additional immigration requirements could increase administrative work and create uncertainty for international students and researchers. NAFSA has said the changes could also affect the ability of US institutions to attract and retain global talent.

September 15 implementation date

The court proceedings come less than two weeks before the scheduled implementation of the DHS rule.

The coalition’s lawsuit seeks to stop the rule from taking effect and preserve the existing D/S framework while the legal challenge continues.

Until September 15, the current D/S regulations remain in effect.