Latest Updates
- DHS Advances Proposed Rulemaking on H-1B Reform. On August 24, 2026 the Department of Homeland Security (DHS) submitted an H-1B specialty worker-related proposed rule to the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) for review. Titled Reforming the H-1B Nonimmigrant Visa Classification Program, the package abstract included in the 2026 regulatory agenda says: "DHS proposes to reform the H-1B program by revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third party placements, among other provisions. These changes are intended to improve the integrity of the H-1B nonimmigrant program and better protect U.S. workers’ wages and working conditions." See NAFSA's page.
- DHS Advances Proposed Rulemaking on OPT Fees. On August 20, 2026, the Department of Homeland Security's (DHS) U.S. Immigration and Customs Enforcement (ICE) submitted a proposed rule package for OMB/OIRA review titled, Optional Practical Training Fees. This rule making was not included in the most recent Regulatory Agenda, and DHS included no other information regarding the package. However, media outlets had earlier reported that DHS may be planning to charge an exorbitant fee ($100,000) for filing an application for F-1 optional practical training (OPT), a staple of the F-1 student nonimmigrant category that allows students who complete a course of study to engage in one to three years of employment in their major field of study following their programs. See NAFSA's page.
- Suit Challenging Elimination of Duration of Status Rule Filed in Federal Court. On August 18, 2026 NAFSA: Association of International Educators, the Presidents’ Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts (AICUM), the American Federation of Teachers (AFT), Graduate Labor Organization, AFT Local 6516 (GLO), International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), United Auto Workers Local 2322, and the NewsGuild-CWA filed a complaint and a motion for preliminary injunction in the U.S. District Court for the District of Massachusetts challenging the Department of Homeland Security’s (DHS) final rule ending the Duration of Status (D/S) framework for international students, exchange visitors, and representatives of foreign media. See NAFSA's and the Presidents' Alliance joint press release and NAFSA's litigation update page.
- DHS Final Rule Eliminating Duration of Status for F and J Nonimmigrants Becomes Effective September 15, 2026. On July 17, 2026 DHS published 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 become effective on September 15, 2026. 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.
- Agencies Publish 2026 Regulatory Agenda. 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. See NAFSA's page.
NAFSA Statements and Commentary
NAFSA and Presidents' Alliance Lead a Lawsuit Challenging the End of D/S
The complaint argues that DHS failed to adequately assess its costs and benefits, meaningfully respond to public comments, consider less burdensome alternatives, or justify the rule based on its stated objectives.
Fall 2026 International Enrollment Outlook & Economic Impact
Preliminary analysis by NAFSA and JB International indicates a projected decline in international student enrollment for Fall 2026, with cascading negative effects on U.S. economic contribution and jobs supported.
NAFSA Responds to DHS' Final Rule Ending Duration of Status
Ending Duration of Status and imposing new limits on academic flow and educational mobility on international students and exchange visitors 'misguided and unnecessary', according to NAFSA executive director and CEO, Fanta Aw.
Related Resources
2026 Policy Digest
A chronological compilation of U.S. government policy and regulatory developments and related advocacy activities, updated on a monthly basis.
Connecting Our World
Connecting Our World is NAFSA's weekly newsletter that distills the top policy and regulatory developments affecting international education and identifies how members of the field can use their voice to take action in simple but meaningful ways.
Helpful Resources
Helpful resources from NAFSA and others on initiatives under the Second Trump Administration