Can Congress Overturn the Duration of Status Rule? The CRA Resolution, Explained With Dates

A CRA resolution could cancel the duration of status rule and bar a near-copy, but S.J.Res. 213 has had no vote, dies on January 3 if not enacted, and a court already blocks the rule.

Part of our guide to the Duration of Status rule.

Yes, Congress can overturn the duration of status (D/S) rule, but only by enacting a Congressional Review Act (CRA) resolution: passing it in the Senate and the House, then, normally, getting the President's signature or a two-thirds veto override. As of November 1, 2026, none of that has happened. S.J.Res. 213 (Sen. Durbin) has sat on the Senate calendar since September 17 with no vote, and its House twin, H.J.Res. 215 (Rep. Jayapal, 63 cosponsors), is still in committee. Both die at noon on January 3, 2027 if not enacted. And you do not need Congress to keep D/S today: a federal court has blocked the rule since September 14, 2026.

Status line (as of 2026-11-01):

• D/S final rule (91 FR 44976, published 2026-07-17): blocked by a federal court (D. Mass.) since 2026-09-14; summary judgment briefed, replies due 2026-11-02; DHS's First Circuit brief due 2026-11-09 (check the docket for the outcome after 2026-11-09).
• S.J.Res. 213: on the Senate calendar, no vote.
• H.J.Res. 215: referred to the House Judiciary Committee, no further action.
• Calendar: midterms on 2026-11-03; both chambers return 2026-11-09; the 119th Congress ends at noon on 2027-01-03.

Congressional Review Act and duration of status: the short answer

The Congressional Review Act lets Congress cancel a final agency rule by enacting a joint resolution of disapproval: a majority in both chambers, then, normally, the President's signature or a veto override. For the duration of status rule, the resolutions are S.J.Res. 213 and H.J.Res. 215. As of November 1, 2026, neither has had a floor vote; a court order, not Congress, is what blocks the rule.

What is S.J.Res. 213?

S.J.Res. 213 is the Senate's CRA resolution against the D/S rule. Sen. Richard Durbin introduced it on September 14, 2026, the same day the court blocked the rule, and the govinfo bill-status record for S.J.Res. 213 lists 16 cosponsors (record last updated 2026-09-30). It was referred to the Senate Judiciary Committee. On September 17 the committee was "discharged, by petition, pursuant to 5 U.S.C. 802(c)," and the resolution went onto the Senate Legislative Calendar as Calendar No. 668. No floor action has followed as of 2026-11-01.

The operative text is a single sentence. The introduced text on govinfo reads:

"That Congress disapproves the rule submitted by U.S. Immigration and Customs Enforcement of the Department of Homeland Security relating to 'Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media' (91 Fed. Reg. 44976 (July 17, 2026)), and such rule shall have no force or effect."

That is the final rule DHS published in the Federal Register on July 17, 2026, which would swap open-ended D/S admission for a fixed admission period plus an extension-of-stay filing. The rule has never taken effect.

The House companion, H.J.Res. 215 (Rep. Pramila Jayapal, same day), shows no action beyond referral to the House Judiciary Committee in its govinfo record (updated 2026-10-23).

The two D/S resolutions at a glance (as of 2026-11)

How does the Congressional Review Act work?

The CRA gives the Senate a shortcut: a disapproval resolution can be pulled out of committee, cannot be filibustered and passes with a simple majority, if the Senate acts inside a fixed window. It still has to become law, so it also needs the House and the President. The full path under 5 U.S.C. 802, and where S.J.Res. 213 stands:

1. Introduce the resolution in each chamber within 60 days after Congress receives the agency's report on the rule (days when either chamber is adjourned for more than 3 days do not count). Done on 2026-09-14.
2. Discharge the Senate committee with "a petition supported in writing by 30 Members of the Senate," allowed once 20 calendar days have passed since the rule's submission or publication date. Done on 2026-09-17.
3. Move to proceed on the Senate floor. Under 802(d), that motion is "at any time thereafter in order," and points of order against the resolution are waived. Not done.
4. Debate and vote in the Senate. Debate is capped at 10 hours, split between supporters and opponents, and amendments are not in order. Because debate is capped, there is no filibuster to break, and a simple majority of senators voting passes it. Not done.
5. Pass the same text in the House. The statute's fast-track subsections are written for the Senate, so the House acts under its ordinary procedures. Not done.
6. Present the resolution to the President, who signs it, vetoes it or lets the ten-day clock run (see below). A veto stands unless two-thirds of each chamber vote to override. Not done.

If a resolution is enacted, 5 U.S.C. 801 says the rule "shall not take effect (or continue)." Because the D/S rule never took effect, those are the words that would apply. The agency also could not reissue the rule "in substantially the same form," or issue a new rule that is substantially the same, unless a later law specifically authorizes it (801(b)(2)). That reissue bar is what makes the CRA route different from a court win; the statute does not spell out what counts as "substantially the same."

Ordinary bills get none of this fast-track. Our H-1B bill tracker for Congress in 2026 explains how to tell how far a regular bill has moved; as of 2026-11-01, every H-1B and OPT bill in this Congress is still "introduced and referred," and none has passed a chamber.

Can S.J.Res. 213 still pass before Congress ends?

In principle, yes, but the window is narrow and part of it cannot be measured from public pages yet. To become law in this Congress, S.J.Res. 213 would need a Senate vote, a House vote on the same text and then enactment (normally the President's signature, or two override votes), all before noon on 2027-01-03. The Senate fast-track lasts only 60 session days, and the lame-duck session that opens on November 9 has funding the government as its top priority.

The 60-session-day clock

Under 802(e), the Senate fast-track "shall not apply" to a resolution "after the expiration of the 60 session days beginning with the applicable submission or publication date." That date is the later of the day Congress received DHS's report and the day the rule was published (2026-07-17). A session day is a day the Senate meets, so the window runs on the Senate's schedule, not the calendar.

We did not find an official count of how many Senate session days have run on the D/S rule as of 2026-11-01, so we do not say whether the window is still open. If it has closed, our reading of 802(e) is that the Senate could still take the resolution up, but under its ordinary rules, where a filibuster can stop it.

The lame-duck calendar

Ogletree Deakins' October 30 legislative roundup reports that both chambers are "scheduled to return to Washington, D.C., on November 9, 2026, for a five-week lame-duck session," and that "the top priority will be funding the federal government beyond December 11, 2026," the date the current continuing resolution runs out. The roundup describes no funding deal as of that date. A CRA vote would compete with that work for a few weeks of floor time. Our breakdown of what the November 3 midterms can and can't change covers the rest of the lame-duck agenda.

The election itself does not change who votes. Current members serve until noon on January 3, 2027, under the 20th Amendment.

Would the president have to sign it?

In practice, yes. A CRA resolution is a joint resolution, so it becomes law the way any bill does. The statute ties the effect to Congress having "enacted" the resolution, which a vote in one or both chambers alone does not do. Under Article I, Section 7 of the Constitution, there are three ways it can become law:

• The President signs it.
• Congress overrides a veto with two-thirds of the House and two-thirds of the Senate.
• The President does not return it within ten days (Sundays excepted) after it is presented, and it becomes law without a signature, "unless the Congress by their adjournment prevent its return, in which case it shall not be a law."

That last clause is where the lame duck matters. Our reading: a resolution that reached the President only in the final days before the 119th Congress adjourns could fail without any veto vote at all. So a late Senate and House vote is not the same as a law.

The practical point: DHS, an executive-branch department, issued the D/S rule and is defending it. USCIS's I-539 page says DHS "strongly disagrees with the court's order"; on 2026-10-30 DHS cross-moved for summary judgment, and its appeal is pending in the First Circuit. A signature should not be assumed, and we make no forecast either way.

What happens to the CRA resolution when Congress ends?

It dies. The 119th Congress ends at noon on 2027-01-03, and every bill or resolution that has not been enacted by then lapses. A new Congress would need a new resolution with a new number.

The CRA has one carry-over rule. Under 801(d), a rule whose report was submitted in the last 60 Senate session days (60 House legislative days) before a session adjourns gets a fresh review in the next session, treated as though it had been published on the 15th Senate session day (15th House legislative day) after that session convenes. Which 2026 rules qualify depends on the adjournment date. Our reading: the lookback is counted in Senate session days backward from an adjournment date nobody knows yet, and we found no published date for when Congress received DHS's report, so no one can say today whether the D/S rule falls inside it. Even if it does, the carry-over helps only if members introduce a new resolution in 2027. Outside the CRA, Congress can always pass an ordinary law overriding a rule, but that gets no fast-track.

Court order vs. CRA resolution: which one protects D/S right now?

The court order. It has blocked the rule since 2026-09-14, and the CRA route has produced no votes. USCIS's Form I-539 page (updated 10/07/2026) states that DHS "is preliminarily enjoined from taking any further action to implement the final rule" and that "USCIS will proceed under the previous regulatory provisions."

The same page also says that if the order is lifted, DHS "will take measures to implement the final rule." That sentence is why the CRA route still matters in the long run: a court order can be narrowed or reversed, while an enacted disapproval bars a substantially similar rule without a new law.

Two routes to stopping the D/S rule (as of 2026-11)

The remedy fight is live. In its 2026-10-30 cross-motion for summary judgment, DHS argues relief should be "a remand to the agency without vacatur" or "narrowly tailored to the specific Plaintiffs ... rather than ... a sweeping, nationwide vacatur." Our explainer on what a final summary-judgment ruling could do covers those outcomes, and our First Circuit appeal tracker for the D/S rule follows the appeal date by date.

Common misconception: "If S.J.Res. 213 fails, D/S ends." Correction (as of 2026-11-01): the vote and the lawsuit are separate tracks. The rule is blocked by a court order, not by Congress. A resolution that fails or expires on January 3 changes nothing about that order; only a court can lift the order.

Dated timeline: what to watch, November 2026 to January 2027

Court and Congress dates (as of 2026-11)

For the other F-1 items moving at the same time, including the OPT-fee proposal and the CPT case, see our October 2026 F-1 student visa status board.

What this means for you on F-1, OPT or STEM OPT

Nothing about your status today depends on the CRA vote. While the court order stands, D/S applies, the 60-day F-1 grace period applies, and you do not file an I-539 to extend your F-1 stay. Our guide to every F-1 grace period explains how the 60 days work.

Do not mix up the two 60-day grace periods. DHS's proposal to end the discretionary 60-day grace period (comments close 2026-11-10) covers workers in H-1B, L-1, O-1, TN and similar statuses, not F-1 or OPT, and it is still only a proposal. USCIS is also not accepting the 09/15/26 editions of Forms I-539 and I-765; its Form I-765 page (updated 10/07/2026) accepts the 08/21/25 I-765, and the I-539 page the 08/28/24 I-539.

How to track the resolution and your status yourself

1. Open the govinfo bill-status records for S.J.Res. 213 and H.J.Res. 215 and read the latest action; a floor vote would appear there as a new action.
2. Read the court-order note at the top of the USCIS Form I-539 page; USCIS updates it when the order changes.
3. Watch the district-court docket on CourtListener for a summary-judgment ruling after 2026-11-02, and the First Circuit docket (No. 26-2112) after 2026-11-09.
4. Ask your DSO to confirm your I-20 program end date and SEVIS record before you travel, transfer schools or change programs.
5. Consult a licensed immigration attorney before any change-of-status filing whose timing depends on how D/S is resolved.

Common mistakes

• Reading "on the Senate calendar" as "passed the Senate." A calendar number means the resolution is eligible for floor action. S.J.Res. 213 has had no vote as of 2026-11-01.
• Assuming the resolution carries into 2027. It dies at noon on 2027-01-03 if not enacted. A fresh window exists only for rules covered by 801(d), which depends on the adjournment date.
• Assuming a final vote in both chambers is the finish line. It is a joint resolution: it still needs a signature, a two-thirds override, or the ten-day rule, and an adjournment can defeat that last route.
• Citing the Federal Register's September 15 effective date or the eCFR text as proof the rule is live. Those pages were not updated for the postponement. The rule is blocked.

Frequently asked questions

What is S.J.Res. 213?

S.J.Res. 213 is a Congressional Review Act resolution, introduced by Sen. Richard Durbin on September 14, 2026, that would disapprove the DHS duration of status final rule (91 FR 44976) so that it has no force or effect. The Senate Judiciary Committee was discharged by petition on September 17, 2026, and the resolution has sat on the Senate calendar with no vote since then (as of November 1, 2026). Its House companion is H.J.Res. 215.

Can Congress cancel the D/S rule?

Yes, but only by enacting a CRA joint resolution, which means passing it in both the Senate and the House and then having it become law, normally by the President's signature or by a two-thirds veto override in each chamber. As of November 1, 2026, neither S.J.Res. 213 nor H.J.Res. 215 has had a floor vote. The rule is already blocked by a federal court order dated September 14, 2026, so D/S applies to F-1 students today regardless of Congress.

Has the Senate voted on the duration of status resolution?

No. As of November 1, 2026, S.J.Res. 213 is on the Senate legislative calendar (Calendar No. 668) after the Judiciary Committee was discharged by petition on September 17, 2026, and no vote has been held. Both chambers return on November 9, 2026, and the resolution dies if it is not enacted by noon on January 3, 2027.

What happens to the CRA resolution when Congress ends?

Unenacted bills and resolutions die when the 119th Congress ends at noon on January 3, 2027, so S.J.Res. 213 and H.J.Res. 215 would have to be reintroduced with new numbers. Under 5 U.S.C. 801(d), the next session gets a fresh CRA review period, including a new Senate fast-track, only for rules submitted in the last 60 Senate session days (60 House legislative days) before this session adjourns. Whether the D/S rule qualifies depends on the adjournment date.

Would the president have to sign it?

In practice, yes. A CRA resolution is a joint resolution, so it goes to the President like any bill. It becomes law if the President signs it, if two-thirds of the House and of the Senate override a veto, or if the President does not return it within ten days (Sundays excepted); but if Congress has adjourned and so prevented its return, it does not become law (Article I, Section 7). DHS, which issued the D/S rule, says it strongly disagrees with the court order and is defending the rule as of November 1, 2026, so a signature should not be assumed; we make no forecast either way.

Sources

• govinfo: S.J.Res. 213 bill status, S.J.Res. 213 introduced text, H.J.Res. 215 bill status
• Federal Register: D/S final rule, 91 FR 44976 (2026-07-17)
• govinfo: Continuing Appropriations and Extensions Act, 2027 (H.R. 6500, enrolled)
• Cornell LII: 5 U.S.C. 801, 5 U.S.C. 802, Article I (Section 7), 20th Amendment
• USCIS: Form I-539, Form I-765
• CourtListener: Presidents' Alliance v. United States, D. Mass. docket, First Circuit No. 26-2112 docket, DHS summary-judgment memorandum (ECF 67, filed 2026-10-30)
• Ogletree Deakins: Beltway Buzz, October 30, 2026 (lame-duck return date and funding deadline, as reported)

How we checked this: on 2026-11-01 we read the govinfo bill-status records and text for both resolutions, the CRA statute (5 U.S.C. 801-802), Article I, Section 7 of the Constitution, the Federal Register entry for the rule, the USCIS Form I-539 and I-765 pages, DHS's October 30 summary-judgment memorandum and the court dockets; the lame-duck schedule is as reported by Ogletree Deakins.

This is general information, not legal or tax advice; your own I-20, I-94 and USCIS notices, and your DSO or immigration attorney, govern your situation.

Whatever Congress does with S.J.Res. 213, your job search keeps moving on its own clock. If you are on F-1, OPT or STEM OPT and want help aiming that search at employers that sponsor, F1Jobs is here to talk it through.