On September 14, 2026, a Massachusetts federal district court temporarily blocked a Department of Homeland Security (“DHS”) regulation scheduled to take effect on September 15, 2026. The regulation would have ended the longstanding “Duration of Status” (“D/S”) system for international students, exchange visitors foreign media representatives, and their qualifying dependents. In Presidents’ Alliance on Higher Education and Immigration, et al. v. U.S. Department of Homeland Security, et al. , the Court postponed the effective date of the rule and prohibited DHS and United States Immigration and Customs Enforcement (“ICE”) from implementing it while the litigation continues. As a result, the existing D/S framework remains in place. The Court has not, however, vacated the rule or issued a final decision on the merits of the case.
Read moreDHS Eliminates “Duration of Status” for F, J, and I Visa Holders: Your Questions Answered
On July 17, 2026, the Department of Homeland Security (“DHS”) published a final rule that fundamentally changes how many F international students, J exchange visitors , and I representatives of foreign media nonimmigrants are admitted to the United States. Beginning September 15, 2026, individuals entering the US in these visa classifications will generally no longer be admitted for “Duration of Status” (“D/S”). Instead, they will receive admission for a fixed period of time.
Read moreMore US Visa Applicants Will Be Subject to Online Screening Starting March 30
On March 25, 2026, the US Department of State (“DOS”) announced that beginning March 30, it is expanding its review of applicants’ online presence to include several additional nonimmigrant visa categories. The expanded screening update includes those applying for A-3, C-3 (for domestic workers), G-5, H-3 (and H-4 dependents of H-3 holders), K visas (K-1, K-2, K-3), as well as Q, R-1, R-2, S, T, and U visas. Visa applicants under these categories will now undergo a review of their publicly available social media and online activity. To facilitate this vetting, all applicants are instructed to adjust the privacy settings on all of their social media profiles to “public.”
Read moreHow to Navigate the End of Third-Country Visa Processing for Nonimmigrant Visas
On September 6, 2025, the US Department of State (“DOS”) announced the end of a decades-old practice that allowed nonimmigrant visa applicants to schedule interviews in third countries—places other than their country of nationality or legal residence. The change sweeps broadly, affecting students applying for F-1 and J-1 visas, visitors requiring B-1/B-2 visas, and professionals applying for H-1B, O-1, and other work categories. The announcement comes at the heels of a previous decision announced on July 25th that effective September 2, 2025, all nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79, will generally require an in-person interview with a consular officer putting an end to the visa drop box or Interview Waiver Program.
Read moreForeign National Students Facing Visa Revocations
Since April 4, 2025, international students in the United States on valid F-1 student visas have reported receiving notice that their SEVIS (“Student and Exchange Visitor Information System”) records had been terminated and their F-1 visas revoked—effectively leaving them without lawful status. According to The Guardian, students from more than 50 universities shared that their visas were canceled around April 4 with many noting they had never been charged with any criminal offenses. These reports follow a series of alarming developments involving the detention of foreign national students for their participation in pro-Palestine activities and the Department of State’s confirmation that over 300 student visas had been revoked. Secretary of State Marco Rubio cited national interest and students’ criminal records as the basis for these actions.
Read moreThe New York Times: “Colleges Warn Foreign Students to Get to Campus Before Trump Takes Office”
Ahead of President Trump’s upcoming inauguration on January 20, 2025, some universities, including Harvard, USC, and Cornell are advising their international student body to prepare to return to campus from their winter breaks before Trump is sworn in to office. The warnings are a result of Trump’s expressed desire to reimpose a travel ban previously instituted during his first term as President and ended by President Biden when he took office.
Read morePremium Processing Extended to Applicants Seeking to Change into F, M, or J Nonimmigrant Status
As part of its campaign to expand premium processing service, United Sates Citizenship and Immigration Services (“USCIS”) announced it will begin to offer premium processing for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, to change into F, M, or J Nonimmigrant Status. USCIS will offer premium processing to those seeking to change their status to F, M, or J in phases according to the following schedule:
As of June 13, 2023, USCIS is accepting premium processing requests for currently pending I-539 applications for those seeking to change status to F-1, F-2, M-1, J-1, or J-2 status.
Beginning June 26, 2023, the agency will accept I-907 requests for premium processing requests from applicants filing new I-539 applications to change status to F-1, F-2, M-1, M-2, J-1, or J-2 status.
The Guardian: "'Treated like a terrorist': US deports growing number of Iranian students with valid visas from US airports"
In December 2019, Mohammad Elmi, an Iranian national, traveled to Los Angeles to begin a PhD program at the University of California, Santa Barbara. But upon trying to enter the US, Elmi was stopped by US Customs & Border Protection (CBP) and searched and repeatedly questioned for hours. His wife, Shima Mousavi, who is pursuing a master’s degree in California, waited near the airport for eight hours before her phone rang. “I’m so sorry,” Elmi told her. “They are sending me back to Iran.”
Read moreVisa Options for Study in the US
The United States is one of the most popular places for foreign nationals to come to study. In the 2015 to 2016 academic year, over one million international students came to the US! Although numbers have dropped since President Trump was elected, and there are reports of foreign nationals reconsidering higher education in the US in light of the anti-immigrant rhetoric and atmosphere, many foreign nationals will still come to the US to study at our highly respected educational institutions. As I’ve written before, it’s not uncommon for certain foreign students to move onto work visas once they have completed their studies. In this post, however, we wanted to examine how exactly foreign nationals come to the US as students, and some general issues that foreign students face, including employment while in school and visas for their dependents. It may surprise some readers that there is not just one visa option for students. In fact, there are three different routes for students: F-1, M-1, and J-1. Each visa has its own set of rules concerning how it can be used and what benefits (and potential detriments) may follow.
Read moreDHS Enhances Optional Practical Training Program in STEM Fields
Last week the US Department of Homeland Security (DHS) published a final rule to strengthen and enhance the Optional Practical Training (OPT) program for international students in science, technology, engineering, and mathematics (STEM) fields, allowing students from accredited schools the option to work in the US for up to three years after graduation. The final rule replaces the existing 2008 interim final rule, and amends the current regulations at 8 C.F.R. parts 214 and 274a, regarding OPT for F-1 nonimmigrant students who have completed a STEM degree. The rule, which received more than 50,000 comments, the most in DHS history, will officially go into effect Tuesday, May 10, 2016.
“The new rule for STEM OPT will allow international students with qualifying degrees to extend the time they participate in practical training, while at the same time strengthening oversight and adding new features to the program,” Lou Farrell, director of the Student and Exchange Visitor Program (SEVP) said in the press release.
The final rule, part of Obama’s executive action proposals, increases the STEM OPT extension from the current seventeen months to twenty-four months, and also includes the following enhancements and protections:
Only students who earned a degree from a school accredited by a U.S. Department of Education-recognized accrediting agency and certified by SEVP may apply for a STEM OPT extension.
Participating students who receive an additional qualifying degree from an accredited college or university can apply for a second STEM OPT extension.
Participating students can use a previously-earned qualifying degree to apply for a STEM OPT extension. The prior degree must not have already formed the basis of a STEM OPT extension and must be from a school that is both accredited by a U.S. Department of Education-recognized accrediting agency and certified by SEVP at the time of the student’s STEM OPT application. The student’s most recent degree must also be from an accredited and SEVP-certified institution.
Employers participating in STEM OPT must incorporate a formal training program that includes concrete learning objectives with proper oversight.
Employers and students must report material changes in their training program.
To guard against adverse effects on U.S. workers, terms and conditions of a student’s training opportunity – such as duties, hours, and compensation – must be on par with U.S. workers in similar positions in the same geographic area of employment. Additionally, the student must not replace a full-time, part-time, temporary or permanent U.S. worker.
Students must work a minimum of 20 hours per week per employer to qualify.
Students are permitted a limited period of unemployment during the initial period of post-completion OPT and the STEM OPT extension.
All STEM OPT employers must participate in DHS’ E-Verify program.
As BuzzFeed points out, the new regulation is meant to attract high-demand tech and engineering talent to the US, and is beneficial for not only foreign students in STEM fields after graduation but also the American universities that recruit them. Since the vast majority of foreign students pay full tuition, without relying on institutional scholarships or even federal student loans, foreign students are important sources of revenue for many American colleges. The influx of foreign students in the US last year was at the highest growth rate in thirty-five years.
“This extension is absolutely going to help colleges in the competition for the limited pool of international students [that want] a top-flight education in an advanced industrial economy,” Bill Stock, the incoming president of the American Immigration Lawyers Association (AILA), said in BuzzFeed.
“As a kid, you have this craze of going to the U.S. to study,” Sapan Patel, an Indian student who graduated in 2012 with a master’s degree from NYU’s Tandon School of Engineering, told BuzzFeed. “But the worry and stress of getting a job in the U.S., to have that hanging over your head, that scares you.” Because of the uncertain and difficult visa process, Patel said, “some of my friends might decide to go to Canada, where getting a work permit and becoming a citizen is much easier, or to Australia.”
Along with the rule’s official publication, the Student and Exchange Visitor Program (SEVP), which monitors international students and also certifies schools and programs, launched a STEM OPT Hub on DHS’ Study in the States. This hub includes resources for students, designated school officials, and employers.
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