09/16/2026
Recently, we alerted people (see Comments) to the government's efforts to change the "duration of status" rules for those of F-1 and J-1 visas - primarily international students. On Monday, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts issued a preliminary injunction preventing them from going into effect.
We'll have more analysis on this posted this week, but Saylor roasted the DHS argument in his ruling. Exhibit A: "The holder of an F or J visa who requires more than four years to complete his or her studies or work—such as, for example, nearly all students in Ph.D. programs—will need to submit an extension-of-stay request to DHS, using a Form I-539. The rule contains limited
guidance, at best, for the exercise of discretion by DHS in considering such a request. The government has provided no indication as to how the immigration system will be expanded,
or funded, to accommodate a large influx of such requests. Worse yet, any decision by DHS to deny a request for an extension is entirely discretionary and unappealable, even within
DHS itself.
In other words, a DHS official—based on limited and vague criteria, and with no possibility of appeal—will have the power to cut short the academic, research, or teaching activities of any non-U.S. citizen for no reason or any reason. Thus, for example, an international student who is one credit short of graduating could be required to leave the United States without a degree and without any recourse. That introduces, at a minimum, a high degree of uncertainty into the educational process, which will have an obvious deterrent effect on student enrollment. Moreover, it is not difficult to imagine how that system might
be abused to punish those whose viewpoints or research are disfavored by the officials." (I'll put a link that in the Comments as well)
making the decision—or, indeed, punish disfavored institutions.