Court Halts F-1 Rule Changes; Current Regulations Remain in Effect

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On September 14, a U.S. federal court issued a nationwide preliminary injunction, urgently halting the new regulations for F-1, J-1, and I-class nonimmigrant visas that were scheduled to take effect the following day. This means that the previously anticipated major policy adjustments will not be implemented for the time being. Measures put on hold include the elimination of Duration of Status (D/S), capping maximum stay periods at four years, reducing the grace period after graduation or Optional Practical Training (OPT) from 60 days to 30 days, and imposing stricter restrictions on academic mobility such as school transfers and changes in majors. For international students, current rules regarding duration of stay, extension application processes, and status transition arrangements will remain unchanged, alleviating the immediate pressure to adapt to new regulations.

It is important to note that this ruling is only a "preliminary injunction," intended to prevent the immediate implementation of the new rules; it does not signify that these policies have been permanently repealed or withdrawn. Future legal proceedings and the policy direction of the Department of Homeland Security remain uncertain, making continued close monitoring of litigation developments essential. CheersYou advises students and parents to remain calm, plan their studies and maintain their immigration status according to current regulations. We will continue to track and interpret the latest policy updates and legal rulings in real-time to provide you with timely information support.

A series of new U.S. regulations for international students, originally scheduled to take effect on September 15, have been temporarily blocked by a federal court in the United States.

 

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Source: Harvard Crimson

 

On September 14, the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction blocking the Department of Homeland Security (DHS) from implementing previously announced new rules regarding F, J, and I nonimmigrant categories.

The new regulations were originally planned to eliminate the Duration of Status (D/S) system and introduce a series of changes related to length of stay, extension applications, and academic mobility.

 

The originally proposed new rules included:

 

  • Maximum period of admission for F-1 and J-1 students would generally not exceed four years; extensions beyond the approved period would require filing with USCIS.

  • The grace period following graduation or completion of OPT would be shortened from 60 days to 30 days.

  • Academic mobility, including school transfers, changes in major, and shifts in degree levels, would face stricter restrictions.

  • A series of rules concerning OPT applications, status extensions, and transitional arrangements would also undergo simultaneous adjustments.

 

However, just one day before the new rules were set to officially take effect, the court issued a preliminary injunction, suspending their implementation.

 

This means that arrangements involving duration of stay rules, extension applications, post-graduation grace periods, and other matters originally impacted by the new regulations will remain unchanged for the time being.

 

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Source: NAFSA

 

It is important to note that this ruling constitutes a preliminary injunction and does not mean the new regulations have been permanently revoked. Continued attention to ongoing litigation and policy developments is still required.

 

International students can breathe a sigh of relief for now.

 

CheersYou (清柚教育) will continue to monitor subsequent policy updates and legal proceedings to bring you the latest news.