Adviser's Manual 360

On July 15, 2026 the Department of State (DOS) announced that effective August 1, 2026 it is "realigning visa operations" at 25 posts in Africa into "regional hubs" that will process visa applications instead of the individual posts.

On July 22, 2026, the Department of State (DOS) announced a temporary pilot program allowing certain B visa applicants at U.S. embassies and consulates in Mexico to pay an additional fee for an earlier visa interview appointment, subject to availability. The pilot, which runs through December 31, 2026, affects only interview scheduling and does not alter visa adjudication standards or guarantee visa issuance.

On July 30, 2026, the Department of State (DOS) Exchange Visitor Program published a proposed rule titled Termination of Program Participation, Extension of Program and Reinstatement to Valid Program Status. Public comments on the proposal must be received by September 28, 2026. DOS states in the proposed rule summary that their proposal seeks to: 1) "clarify the conditions under which a sponsor must terminate an exchange visitor’s program and authorizes the Department, in its discretion, to terminate an exchange visitor’s program in limited circumstances;" 2) "modifies Extension of Program and Reinstatement to valid program status in their entirety by eliminating outdated requirements and introducing updated procedures that make use of current SEVIS functionality;" 3) "amends Definitions to include definitions for 'Unauthorized Employment' and 'Valid Program Status;" 4) "and rescinds the separate extension of program provision for au pairs."

As we continue developing resources and planning events on the final D/S rule, NAFSA needs to hear from you about program-specific and institution type-specific issues. These might include, for example, community college-specific issues, health care institution-specific issues, STEM focused institution-specific issues, intensive English program-specific issues, allied health program-specific issues, and pathway programs-specific issues, among others. In short, we are looking for issues that you think may have been or may be overlooked in the discussion of how the final rule applies broadly to most institutions and programs. We want to ensure that no interest within the NAFSA community is overlooked. Please submit these issues to IssueNet "Report an ISS Issue" so we can gather, organize, and try to respond to them. And please help us by describing precisely the issues of concern.

Today DHS/ICE made available a public inspection version of its final rule to end "duration of status" (D/S) for F, J, and I nonimmigrants in favor of a fixed admission period. The rule will be officially published in the Federal Register tomorrow, July 17, 2026, and will become effective on September 15, 2026, 60 days after the date of official publication. Until then, the current regulations will continue to fully govern all aspects of F and J practice. Consult NAFSA's page for links and analysis of the final rule, which we will update as insight and understanding progress.

The 2026 regulatory agenda was posted on Reginfo.gov in July, 2026. Among other items, F-1 practical training is still on the agenda, as well as several employment-based packages relating to prevailing wages, PERM, and H-1B reform.

On June 30, 2026 the U.S. Supreme Court held that "Children born in the United States to parents unlawfully or temporarily present are 'subject to the jurisdiction' of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause." The ruling affirms a district court's judgment that blocks President Trump's January 2025 Executive Order that sought to limit birthright citizenship.

NAFSA is collecting information on how student/exchange visitor visa appointment unavailability and visa issuance challenges at U.S. consulates abroad are affecting international enrollment, planning, and operations for the upcoming 2026-2027 academic year. Go to NAFSA IssueNet to access the survey.

OMB/OIRA completed its review of the final duration of status rule on June 17, 2026. The next step will be for DHS to send the rule to the Office of the Federal Register for publication in the Federal Register. The final rule will go into effect 60 days after publication in the Federal Register. The OMB/OIRA status note states that their review was concluded "consistent with change." Until the final rule first appears in its public inspection version at least one day before it is published in the Federal Register, we will not know for sure if there will be any significant changes between the proposed rule and the final rule.

On June 11, 2026 the government appealed the decision of a U.S. District Court that had set aside agency implementation of the $100K H-1B fee. The next day the District Court granted the government's request for an administrative stay of that court's judgement, until the U.S. Court of Appeals makes a decision on the government's "anticipated Motion to Stay pending appeal," provided the government actually files that motion by June 18. This has the effect of restoring the $100K fee under those conditions.