Just a day before the new regulation was scheduled to take effect, a federal judge in Massachusetts made the decision temporarily prevents the U.S. Department of Homeland Security (DHS) from implementing new rules on length of stay for international students, scholars, and certain other nonimmigrants.
The decision was made on 14/9/2026Against the backdrop of lawsuits by higher education organizations and unions over the DHS's new regulation, the court has enacted nationwide temporary protections, while the case continues to be resolved.
📌 What is the new regulation that is expected to change?
According to regulations issued by DHS in July 2026, the mechanism Duration of Status (D/S) long ago applied to F-1 students and exchange guests J-1 will be replaced by fixed entry/residence period.
Under the current D/S mechanism, F-1 students can generally maintain their stay in the United States for the time needed to complete their studies, provided they maintain legal status and meet the program requirements.
The new regulation is expected to limit the time of entry for F-1 and J-1, generally not more than 4 years or duration of approved program, whichever is shorter. If more time is needed to complete the program, students may have to apply for an extension of their stay.
This is a remarkable change for international students, especially those enrolled in long programs such as Master's, PhD or research programs that may last longer than expected.
️ What did the court decide?
Date 14/9/2026, Massachusetts Federal District Court Judge F. Dennis Saylor IV issued preliminary injunction, temporarily preventing DHS and ICE from implementing or enforcing new regulations while the case continues.
This is especially notable because the new regulation, which was planned to take effect from 15/9/2026.
👉 In other words, new regulations have not been implemented since September 15, 2026 as originally planned.
While the court order is still in effect, the current D/S mechanism continues to be maintained instead of switching immediately to the fixed-term system.
🎓 What do international students benefit from?
This is positive information for international students studying in the United States.
🔹 Firstly, students do not have to immediately switch to a fixed-term mechanism
The court's temporary blocking of the rule helps students continue to operate within the current D/S framework while the court's order is in effect.
🔹 Secondly, reduce the pressure on long-term programs
For Students Studying Master, PhD or Research Program, the actual completion time may sometimes vary due to research, dissertation, thesis, or other academic factors.
Maintaining the D/S mechanism prevents the immediate imposition of a new fixed-term mechanism at this point.
🔹 Tuesday, have more time to follow the policy
Instead of the new regulation being implemented as early as September 15, the court's decision created time for schools, students, and other stakeholders to continue to monitor the development of the lawsuit and immigration policy.
⚠️ this is not a decision to cancel the rules
This is a very important point.
The decision of the present court is... Temporary measuresThis does not mean that the DHS regulation has been permanently abolished.
The lawsuit is still ongoing and the final legal outcome may change. Therefore, international students should not understand this information as any restrictions in the new regulation have been completely removed.
🇺🇸 What do Vietnamese students need to do right now?
For those who are studying in the US or preparing to study in the US, this is the time to actively monitor policy.
📌 Current students should continue to maintain their F-1/J-1 status in accordance with the regulations and comply with the guidance of the school.
📌 Students preparing for admission need to continue to prepare their documents according to the current requirements, instead of assuming that the new policy has been completely canceled.
📌 Those who are planning for a long-term program such as Master or PhD should be especially interested in changes related to the duration of stay and future renewal procedures.
📌 For specific cases, check information from the school, DSO/international student affairs unit and official sources of US immigration authorities.
🌟 greatlink continues to update information about studying in the US
U.S. visa and immigration policies can change quickly. A court decision can also change the timing of application of a new regulation.
Therefore, instead of just paying attention to the information “pass/fail visa”, students and parents should also update the changes related to Stay status, F-1/J-1 regulations and immigration policies to be more proactive in the learning plan.
🇺🇸 Greatlink International accompany students, students in the process of learning to study in the US, preparing documents and updating visa information - related policies.
🌸 Hotline☎️: 0936.77.33.86
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