This is a direct continuation of a topic previously covered on Poland.us: a Department of Homeland Security (DHS) rule that was set to replace “duration of status” with rigid visa periods for hundreds of thousands of students and researchers—including Poles studying or conducting research in the U.S.—was scheduled to take effect on September 15, 2026. The day before, on the eve of the deadline, a federal court in Massachusetts issued a nationwide injunction blocking its implementation.
What the blocked rule proposed
DHS published the final rule on July 17, 2026. It was intended to replace the existing system—under which a student or exchange visitor could legally remain in the U.S. for the duration of their program—with a rigid, maximum four-year admission period for F and J visas, along with separate limits for I-visa journalists. It also shortened the grace period for leaving the country after completing a program from 60 to 30 days, introduced a new method for calculating unlawful presence based on failing to timely file an extension of status application rather than a formal USCIS violation finding, and restricted F-1 students’ ability to change schools or majors.
Who sued DHS and what was the dispute about
On August 18, 2026, a coalition of plaintiffs led by the Presidents’ Alliance on Higher Education and Immigration filed a lawsuit and motion for a preliminary injunction in the U.S. District Court for the District of Massachusetts (Case 1:26-cv-13799). The coalition was joined by NAFSA: Association of International Educators, the Association of Independent Colleges and Universities in Massachusetts, the American Federation of Teachers and affiliated unions, and the United Auto Workers, among others. The allegations: DHS violated the Administrative Procedure Act, provided the public with insufficient time to submit comments on the proposal, and exceeded its statutory authority.
On September 14, 2026, the day before the rule was scheduled to take effect, Judge Saylor granted the plaintiffs a nationwide preliminary injunction. He ruled that the national security rationale cited by DHS was “arbitrary and capricious,” and that allowing the rule to take effect would threaten immediate and irreparable harm to students, universities, and employers. The court also prohibited DHS and ICE from taking further implementation steps for the duration of the litigation. This ruling is preliminary—it is not a final decision on the validity of the rule—and the next hearing in the case is scheduled for October 2, 2026.
What this means in practice right now
For F-1 students, J-1 exchange visitors, and I-visa journalists, the existing “duration of status” system remains in effect—there is no need to file applications for an extension of stay with USCIS due to the blocked rule, and individuals entering the U.S. continue to be admitted under D/S status. Existing rules regarding post-graduation employment (Optional Practical Training, STEM-OPT) and Form I-9 requirements also remain unchanged. However, immigration attorneys advise caution: the injunction may be lifted or modified as proceedings continue, so individuals planning a school transfer, change of major, or extended trip outside the U.S. should consult regularly with their school’s designated school official (DSO) or an attorney.
Why this matters for Poles in the U.S.
According to data cited during the initial publication of this rule, in fiscal year 2024, over 1.8 million students and more than 500,000 exchange program participants entered the U.S. This group has long included thousands of Poles pursuing undergraduate, master’s, and doctoral degrees, as well as participants in J-1 visa programs such as Work and Travel or Au Pair. For them, the blocking of the rule provides a temporary reprieve: no rigid four-year limit on stay, no shortened 30-day grace period, and no new restrictions on changing schools—at least until the next court ruling.
Polish lawyers from our directory—Polish Pages directory—can assist individuals planning studies, internships, or extended work-related stays in the U.S.
