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 to Propose $103,265 Fee on Cap-Subject H-1B Petitions. On August 25, 2026 the Department of Homeland Security will publish a proposed rule that seeks to establish an additional fee of $103,265 on all H‑1B cap‑subject petitions, payable at the time of filing. Cap-exempt H-1B petitions, such as those filed by institutions of higher education and other H-1B petitions not subject to the cap like those filed for individuals who have already been counted against the cap, would not be subject to this proposed additional fee. 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.
- SEVP Broadcast Message Tightens Curricular Practical Training Standards. On August 12, 2026 the Student and Exchange Visitor Program (SEVP) published a Broadcast Message that significantly narrows F-1 Curricular Practical Training (CPT) eligibility standards, saying at one point that CPT may be granted only if the CPT training "is indeed a core and essential part of the student’s studies, without which, they would be unable to complete their degree." The Broadcast Message also outlines possible consequences and DSO and school liabilities regarding CPT practices if it determines that "school officials are abusing CPT to create work opportunities rather than academic studies." See NAFSA's page.
- DOS Guidance on Issuing Form DS-2019 Under DHS's Final D/S Rule. On August 10, 2026, BridgeUSA, the Department of State's Exchange Visitor Program within the Bureau of Educational and Cultural Affairs (ECA), produced Guidance Directive 2026-01: Final Rule Establishing a Fixed Time Period of Admission for Exchange Visitors (J Nonimmigrants), to provide "information on how sponsors shall fill out Form DS-2019 and maintain accurate SEVIS records" under the Department of Homeland Security's (DHS) final rule eliminating duration of status (D/S) for F and J nonimmigrants effective September 15, 2026. See NAFSA's page.
- DOS Proposes Changes to Exchange Visitor Regulations on Termination of Program Participation, Extension of Program and Reinstatement to Valid Program Status. On July 30, 2026, the Department of State (DOS) Exchange Visitor Program published a proposed rule titled Termination of Program Participation, Extension of Program and Reinstatement to Valid Program Status. Public comments on the proposal must be received by September 28, 2026. DOS states in the proposed rule summary that their proposal seeks to: 1) "clarify the conditions under which a sponsor must terminate an exchange visitor’s program and authorizes the Department, in its discretion, to terminate an exchange visitor’s program in limited circumstances;" 2) "modifies Extension of Program and Reinstatement to valid program status in their entirety by eliminating outdated requirements and introducing updated procedures that make use of current SEVIS functionality;" 3) "amends Definitions to include definitions for 'Unauthorized Employment' and 'Valid Program Status;" 4) "and rescinds the separate extension of program provision for au pairs." See NAFSA's page.
- DOS Launches Limited Expedited Nonimmigrant Visa Appointment Pilot Program. On July 22, 2026, the Department of State (DOS) announced a temporary pilot program allowing certain B visa applicants at U.S. embassies and consulates in Mexico to pay an additional fee for an earlier visa interview appointment, subject to availability. The pilot, which runs through December 31, 2026, affects only interview scheduling and does not alter visa adjudication standards or guarantee visa issuance. See NAFSA's page.
- DOS Realigns Visa Processing at Many African Posts Into Regional Hubs. On July 15, 2026 the Department of State (DOS) announced that effective August 1, 2026 it is "realigning visa operations" at 25 posts in Africa into "regional hubs" that will process visa applications instead of the individual posts. See NAFSA's page.
- Tell NAFSA About Your Institution-Specific and Program-Specific D/S Issues. July 23, 2026. As we continue developing resources and planning events on the final D/S rule, NAFSA needs to hear from you about program-specific and institution type-specific issues. These might include, for example, community college-specific issues, health care institution-specific issues, STEM focused institution-specific issues, intensive English program-specific issues, allied health program-specific issues, and pathway programs-specific issues, among others. In short, we are looking for issues that you think may have been or may be overlooked in the discussion of how the final rule applies broadly to most institutions and programs. We want to ensure that no interest within the NAFSA community is overlooked. Please submit these issues to IssueNet "Report an ISS Issue" so we can gather, organize, and try to respond to them. And please help us by describing precisely the issues of concern.
- 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