Adviser's Manual 360

NAFSA, in coordination with several higher education associations, has prepared high-level guidance for higher education institutions on how to submit a comment letter regarding the proposal to end Duration of Status and what to include in that letter before the public comment deadline ends on September 29, 2025.

The Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) announced that it has archived its searchable Frequently Asked Questions (FAQ) database effective August 30, 2025. The archive is on the Internet Archive WayBack Machine.

In a September 6, 2025 news posting, the Department of State announced that effective immediately, "[a]pplicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence." It is unclear whether this policy affects eligibility for third-country processing of renewal visa applications where the applicant is exempt from the in-person interview requirement. DOS says that "existing nonimmigrant visa appointments will generally not be cancelled."

On September 2, 2025 the State Department, in coordination with USCIS, announced that all Employment-Based Second Preference (EB-2) immigrant visas for fiscal year 2025 have been issued. Under the Immigration and Nationality Act, EB-2 visas are capped at 28.6 percent of the worldwide employment-based limit, and with the annual quota reached, no further EB-2 visas may be issued until new numbers become available for fiscal year 2026 which begins on October 1, 2025.

The National Association of College and University Attorneys (NACUA) will offer a 2-hour webinar called "Immigration Update: Navigating Current and Emerging Developments in Higher Education" on September 23. Program, registration and registration fee information is available on the NACUA site. The webinar will be of interest to college and university counsel who advise on immigration and international issues, as well as campus administrators with responsibilities related to these areas.

The Spring 2025 Regulatory Agenda published on September 4, 2025 includes significant initiatives affecting international students, exchange visitors, and employment-based immigration. For F-1 students, DHS says that it is again working on practical training rulemaking with a goal of soon publishing a proposed rule, and has already proposed eliminating duration of status. For J-1 exchange visitors, DHS has likewise proposed eliminating duration of status and DOS plans to update J-1 regulations on extension, reinstatement, and correction of records to reflect SEVIS functionality. Employment-based initiatives on the agenda include reforming the H-1B classification, introducing a weighted selection system to favor higher wages in the H-1B cap lottery, and pursuing broader reforms in the employment-based first, second, and third preference categories.

DHS is proposing revisions to Forms I-17 and I-20 that would require schools to report more detailed information on ownership, programs of study, costs, and designated school officials, and to collect new data on students’ guardians, graduation dates, funding sources, instructional modes, and employment or training activities. DHS will accept comments on the planned changes until November 3, 2025.

In an August 29, 2025 news release USICS announced that after October 28, 2025 it will accept only credit/debit card or ACH payments in payment of USCIS fees and will no longer accept paper checks or money orders.

The DHS/ICE (Department of Homeland Security-US Immigration and Customs Enforcement) proposed rule to end "duration of status" (D/S) for F, J, and I nonimmigrants was published in the Thursday, August 28, 2025 Federal Register. Comments are due by September 29, 2025. Read the proposal now.

On August 19, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it has expanded the types of benefit requests that receive social media vetting, adding reviews for "anti-American" and "antisemitic" activity to that vetting, stating that such activity will be "an overwhelmingly negative factor in any applicable case involving USCIS discretionary analysis."