Coalition Sues DHS to Block New F-1 Visa Fixed-Stay Rule

A coalition of colleges, international-education groups, and labor unions has filed a lawsuit against the Department of Homeland Security (DHS) to block a new rule that would introduce fixed four-year admission periods for F-1 students, J-1 exchange visitors, and I-status foreign media representatives.

The lawsuit, filed in the U.S. District Court for the District of Massachusetts, challenges a regulation that would replace the long-standing "Duration of Status" policy with fixed admission periods for foreign students. The plaintiffs argue that the change is arbitrary and would cause catastrophic harm to U.S. higher education institutions.

The coalition includes NAFSA: Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, the American Federation of Teachers, and the United Auto Workers. They argue that DHS did not give the public enough time to comment and failed to adequately address more than 30,000 comments.

DHS has defended the policy as a response to immigration fraud and security concerns. Secretary Markwayne Mullin said that the previous system allowed some foreign students to remain in the country by repeatedly enrolling in courses.

The new rule, titled "Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media," would introduce a fixed end date on admission for foreign students. Most F-1 and J-1 holders would receive admission tied to their programs, subject to a four-year maximum.

## The Impact on Doctoral Students

The plaintiffs say that the four-year ceiling does not match how long many degree programs take. Doctoral programs, including Ph.D. studies, and medical programs can exceed four years, forcing students to request extensions during their programs. This process would shift additional work to USCIS, and students would need to submit the extension application, pay the required fees, and complete biometrics before receiving more time.

The lawsuit describes the four-year limit as "arbitrary" and says it could "catastrophically" harm U.S. higher education. The filing also warns of lost talent in critical STEM fields.

## The Coalition's Request for a Ruling

The plaintiffs' preliminary-injunction request seeks to prevent the regulation from taking effect while the court considers their claims. Their complaint focuses on the Administrative Procedure Act, including the comment period and DHS's treatment of public feedback.

The lawsuit also challenges the agency's reasoning for selecting four years. The groups contend that the limit does not reflect actual completion times for advanced degrees and could disrupt universities, workers, and students.

The regulation's effective date remains September 15 unless the court grants the requested injunction or takes another action before then. Students and institutions are therefore watching both the litigation and the deadlines that would appear on admission records.

This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.