Latest Updates
- DHS Proposal Would Eliminate I-129 Deference Policy. A DHS proposed rule scheduled for publication in the Federal Register on October 14, 2026 would remove language in the current regulations that instructs USCIS adjudicators to give deference to prior I-129 determinations involving the same parties and the same underlying facts. Form I-129 petitions are used for common employment-based nonimmigrant categories like H-1B and O-1, and if finalized as proposed the rule would likely impact the amount of evidence that would have to accompany petition extensions. There will be a 30-day public comment period from October 14, 2026 through November 13, 2026, which begins when the proposed rule is published in the Federal Register. See NAFSA's page.
- DHS Proposes that Schools Pay $70,000 for Initial OPT Recommendation, $30,000 for Subsequent OPT Recommendations. Under a DHS propose rule published on October 8, 2026, the school that recommends Optional Practical Training (OPT) would have to pay a massive new fee prior to recommending OPT: $70,000 for initial OPT of any kind; and $30,000 for any subsequent OPT of any kind. Comments on the proposal are due by November 9, 2026. See NAFSA's page.
- NAFSA Submits Comments on DOS Proposed Rule on Subpart C of the Exchange Visitor Regulations. On September 28, 2026 NAFSA submitted its comment letter on the Department of State's (DOS) proposed rule to amend Subpart C of the exchange visitor regulations. The letter focused on the following points: The Department should retain existing exchange visitor program specific components in the definition of “unauthorized employment;" The Department should properly distinguish between SEVIS status and program status; The proposed changes to Correct SEVIS Status and reinstatement go beyond procedural modernization; The Department should remove references to mechanisms related to the DHS “duration of status” rule, the implementation of which has been preliminarily enjoined by court order; The Department should accept public comments through September 30, 2026. See NAFSA's page.
- September 18, 2026 Proclamation Extends 2025 H-1B 100K Fee Proclamation for an Additional Year. On September 19, 2025, President Trump signed Proclamation 10973 titled Restriction on Entry of Certain Nonimmigrant Workers which sought to restrict the entry to the United States of H-1B specialty occupation workers unless employers paid an extra $100,000 fee under certain conditions. The proclamation was set to expire 12 months after the September 21, 2025 effective date, but the President issued a new proclamation on September 18, 2026 that extends the 2025 Proclamation "for an additional 12 months, until 12:00 a.m. eastern daylight time on September 21, 2027." See NAFSA's page.
- Preliminary Injunction Blocks D/S Rule Implementation For Now. On September 14, 2026, a federal district court in Massachusetts issued a preliminary injunction postponing implementation of the DHS final rule that was scheduled to take effect on September 15, 2026 and replace duration of status (D/S) with fixed periods of admission for F, J, and I nonimmigrants. The injunction postpones implementation during the litigation, “pending further order of this court or resolution of this proceeding on the merits.” As a result, the existing D/S regulatory framework remains in effect and continues to govern all aspects of F and J practice. The final rule’s fixed-date admission system, related extension-of-stay requirements, transition provisions, shortened grace periods and OPT filing periods, and restrictions on academic mobility therefore do not become operative on September 15. Because the court enjoined implementation before the final rule took effect, the existing D/S regulations did not need to be reinstated or revived; they simply remain the operative regulations unless and until the court or subsequent appeals permit the final rule to take effect. See NAFSA's page.
- 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.
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