US visa rule limiting student, journalist stays faces federal lawsuit

A federal lawsuit challenges a new U.S. Department of Homeland Security (DHS) regulation that replaces the "Duration of Status" (D/S) system with fixed admission periods for certain visa holders. The regulation, slated to take effect September 15, limits the stay for F-1 students and J-1 exchange visitors to the duration of their program, with a maximum of four years. Those needing to stay longer must apply for an extension through USCIS, involving new fees and additional checks.

Foreign journalists on I visas will have an initial stay limited to 240 days or the length of their assignment, whichever is shorter. Citizens of China face a 90-day limit. Extensions will be necessary for continued work, or they must depart and reapply. This marks a significant shift from the previous D/S system, which allowed individuals to remain as long as they complied with their program conditions.

The lawsuit, filed by a coalition including the Association of International Educators (Nafsa), argues that the DHS has not sufficiently explained the reasons for abandoning a system used for over 40 years. The plaintiffs contend that the agency failed to adequately assess the economic, academic, and labor consequences of the new rule, potentially violating the Administrative Procedure Act. They assert that the change is a "solution looking for a problem" that will harm national interests.