US Visa Rule: Why September 3 Could Change Things for International Students
September 3 could become a significant date for international students and exchange visitors in the United States on F and J visas.
A federal court is scheduled to hear arguments over a new Department of Homeland Security rule affecting how long they can remain.
The proposed rule would replace the current “duration of status” system with fixed periods for foreign students and exchange visitors.
Under the existing arrangement, students can generally remain in the US while maintaining their academic programme and visa requirements.
The proposed change has drawn opposition from universities, education groups and labour organisations representing international students and educators.
A coalition of these groups filed a lawsuit seeking to prevent the rule from taking effect.
The lawsuit was filed in the US District Court for the District of Massachusetts.
Among the plaintiffs are NAFSA, the Presidents’ Alliance on Higher Education and Immigration and several affiliated labour organisations.
District Judge F. Dennis Saylor IV is presiding over the case and has scheduled an in-person hearing for September 3.
The hearing will consider the groups’ request for a preliminary injunction against the proposed immigration rule.
The US government is expected to respond to the lawsuit before the scheduled court hearing.
The timing is significant because the rule is expected to take effect on September 15 unless the court intervenes.
Opponents argue that fixed visa periods could create uncertainty for international students and increase the possibility of accidental overstays.
They say students involved in lengthy academic programmes or research could face additional difficulties under the proposed system.
The plaintiffs also challenge DHS’s justification for replacing the existing duration-of-status arrangement.
They argue that the government relied largely on national security and immigration concerns without providing sufficient evidence of widespread abuse.
The groups further warn that the policy could affect American universities and the wider economy.
Research cited in the lawsuit estimates that eliminating duration of status could eventually cost the US economy tens of billions of dollars annually.
The plaintiffs also point to the contributions of international students to research, innovation, employment and economic activity.
With the rule’s proposed implementation date approaching, the September 3 hearing could become a major test for the policy.
For students and exchange visitors on F and J visas, the court’s decision could have important implications for their stay in the United States.
