Latest Updates
- DOL PERM Proposal One Step Closer. On October 23, 2026, OMB/OIRA concluded its review of a Department of Labor (DOL) proposed rule package on the PERM permanent labor certification program. The proposal is titled "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program." The next step will be for DOL to publish the proposed rule in the Federal Register at which time we will know the specifics of the proposal and the public comment period, but an abstract of the item from the 2026 regulatory agenda is available now. See NAFSA's page.
- 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. There will be a 30-day public comment period from October 14, 2026 through November 13, 2026. 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 portal page for detailed analysis and resources for submitting a comment.
- 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 included 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. See NAFSA's page.
Key Resources
Litigation in Support of Duration of Status
Stay abreast of the latest developments and details regarding the lawsuit filed by NAFSA and others challenging the final rule that ended Duration of Status and imposed other academic mobility restrictions on international students, exchange visitors, and members of the foreign media.
Legal Defense of Curricular Practical Training
NAFSA resource page on the litigation filed by NAFSA and others in response to two broadcast messages that made drastic changes to CPT for international students.
OPT Fees Rule Portal
Access NAFSA's analysis of the proposed rule that would add excessive fees to Optional Practical Training and its resources for submitting a comment before the November 9 deadline.
NAFSA Statements and Commentary
NAFSA Responds to OPT Fees Proposed Rule
"Driving away the talents, perspectives, and aspirations of international students will only hurt American innovation, economic growth, workforce development, and global leadership,” according to NAFSA Executive Director and CEO Fanta Aw.
NAFSA Responds to Court Decision Blocking the End of D/S
“The court’s nationwide preliminary relief is an important step toward preserving a fair and predictable system for international students and scholars and the institutions that welcome them," said NAFSA Executive Director & CEO Fanta Aw in a joint statement by the plaintiffs.
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.