Latest Updates
- DHS Moves Final D/S Elimination Rule One Step Closer to Publication. On May 5, 2026, DHS submitted the final rule that will eliminate F and J "duration of status" to the Office of Management and Budget (OMB) for review. We expect OMB's review to be expeditious and for the rule to be published in the Federal Register in the not-too-distant future. The final rule will go into effect 60 days after publication in the Federal Register. Although the text of the final rule will not be available to the public until at least 24 hours before the Federal Register publication date, we surmise that it will retain most if not all of the changes included in the proposed rule. NAFSA will update its final rule analysis page as soon as we review the text of the yet-to-be published final rule. See NAFSA's final rule analysis page.
- Consular Officers to Begin Asking Asylum-Style Questions to Nonimmigrant Visa Applicants. An April 28, 2026 Washington Post article reported on a Department of State cable and communications from Secretary of State Marco Rubio that require consular officers to ask all nonimmigrant visa applicants two new questions: 1) “Have you experienced harm or mistreatment in your country of nationality or last habitual residence?” and 2) “Do you fear harm or mistreatment in returning to your country of nationality or permanent residence?” The Post article relates that the cable also states that “An applicant’s fear of returning to his or her country of nationality or permanent residence calls into question an applicant’s intended purpose of travel and immigrant intent at the time of visa application,” and that “Visa applicants must respond verbally with a ‘no’ to both questions for the consular officer to continue with visa issuance.” See New State Department rules would deny visas to those who fear returning home, Adam Taylor, The Washington Post, April 28, 2026.
- Senators Ask GAO for Update on USCIS Holds on Adjudications of Applications from Travel Ban Country Applicants. On April 22, 2026 a group of senators sent a letter to the GAO asking for an examination of the USCIS adjudication pause and the 75 country processing pause at the Department of State and what the agencies are doing to lift the holds. See NAFSA's page.
- DOL Proposes Hiking Wage Calculations Used in Making Wage Level 1-4 Prevailing Wage Determinations The Department of Labor (DOL) published a proposal that would change the methodology it uses to calculate Wage Level 1 through 4 prevailing wage determinations used in the H-1 B, H-1B1, E-3 and PERM (EB-2 and EB-3) programs, to address what the administration asserts to be the current system's undercutting of the wages of U.S. workers. If finalized as proposed, the rule would raise wage determinations across all four wage levels. Public comments are due on or before May 26, 2026. See NAFSA's page.
- SEVP Broadcast Message Reminds DSOs to be Vigilant Against STEM OPT Employer Fraud. On March 23, 2026 the Student and Exchange Visitor Program (SEVP) sent a Broadcast Message to remind designated school officials (DSOs) "to be vigilant in detecting and preventing fraud associated with [STEM OPT] employers, especially IT recruitment, consulting firms, and staffing agencies." See NAFSA's page.
NAFSA Statements and Commentary
NAFSA Responds to OPT Abuse Allegations
NAFSA issued a response to ICE allegations of the OPT program, highlighting the field’s commitment to ensuring compliance with all U.S. immigration laws and asserting both the value of SEVIS and the Optional Practical Training program.
Declining Student Visa Issuance a Costly Trend
"International students today have more choices than ever, and if the United States signals that they are not welcome, they will simply go elsewhere," said Fanta Aw, NAFSA CEO. "The consequences are real: billions in lost economic activity, tens of thousands of American jobs at risk, and damage to the nation’s global competitiveness and innovation potential."
Fewer International Students Cost U.S. Economy $1.1 Billion
An economic analysis of Fall 2025 international enrollment by NAFSA and JB International reveal that international students’ economic contributions to U.S. economies in dropped by $1.1 billion, costing the U.S. nearly 23,000 jobs.
Key Executive and Regulatory Actions
DHS Proposes Ending Duration of Status
In response to the DHS/ICE proposed rule to end "duration of status" for F, J, and I nonimmigrants, NAFSA prepared high-level guidance to assist institutions in submitting a comment letter, along with a non-technical "explainer" and an advocacy campaign to engage Congress.
Government Funding, Staffing, and Operations
The president's draft fiscal 2026 "skinny" budget proposes a 93 percent reduction in funding for State Department Educational and Cultural Exchanges, effectively dismantling the Bureau of Educational and Cultural Affairs (ECA) and its programs. Urge Congress to defend and fund federal international education and exchange programs.
Vetting and Enforcement
The Department of State (DOS) announced that it finally issued the expected "new guidance" on social media vetting, and that consulates will resume scheduling F, M, and J nonimmigrant visa appointments. It includes information on how consular officers should screen the social media and online presence of applicants applying for F, M, and J visas, and factors the consulates should consider as they resume scheduling student visa interviews
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