EB-3 Policy Alert 2026: Court Blocks DHS Rule Changing F, J Visa Duration & OPT

On September 14, 2026, U.S. District Judge F. Dennis Saylor IV granted a preliminary injunction halting a DHS final rule that would have fundamentally restructured how long international students and exchange visitors may remain in the United States. The rule, published July 17, 2026, would have replaced the longstanding 'duration of status' framework with fixed admission periods — capping F and J visas at four years and I visas at 240 days. The court found that DHS likely violated the Administrative Procedure Act in multiple ways: failing to conduct a proper cost-benefit analysis, dismissing nearly 22,000 public comments including concerns about enrollment deterrence, not meaningfully considering less restrictive alternatives, and not establishing a rational connection between the rule and its stated national security objectives. For EB-3 applicants and employers, the most critical concern was the rule's impact on Optional Practical Training (OPT) and STEM OPT. The new framework would have added requirements that could interrupt work authorization for F-1 students — a common pipeline to employment-based green cards including EB-3. The injunction preserves the existing 'duration of status' system while litigation continues. A status conference is scheduled for October 2, 2026. Employers sponsoring workers through OPT or navigating EB-3 petitions for former international students should monitor the case closely, as a future ruling could revive or permanently vacate the rule. Universities, exchange program sponsors, and immigration attorneys are advised to continue operating under the current framework and avoid advising visa holders to file I-539 extension applications until the legal proceedings are resolved.