The RecordExhibit 119
Capping international students' stays at four years
Ruled unlawful means: A court ruled against it. Some rulings are on appeal.
A Homeland Security rule would have ended the decades-old practice of admitting international students for as long as their studies last, replacing it with fixed stays of up to four years. A federal judge blocked it the day before it was to take effect.
What happened
For more than 40 years, international students and scholars have been admitted for 'duration of status': they may stay as long as they are pursuing their program. The rule, proposed in August 2025 and published in final form on July 17, 2026, would admit students on F visas and exchange visitors on J visas for no more than four years at a time, shorter than many Ph.D. programs, and make them apply to the government to stay longer. Foreign journalists would be limited to 240 days. It was set to take effect on Sept. 15, 2026, and to cover people already in the country as well as new arrivals. About 1.6 million international students were in the United States on F visas in 2024. A coalition of eight higher education and labor groups sued. Experts told STAT the outcome could affect the country's standing in biomedical research, because international researchers make up a large share of the life science workforce.
Where it stands
On Sept. 14, 2026, U.S. District Judge F. Dennis Saylor IV in Massachusetts postponed the rule nationwide while the lawsuit continues. In a 48-page order he wrote that the rule's adoption clearly failed to comply with the Administrative Procedure Act, and by Forbes's count he found it arbitrary and capricious in at least four ways. He also wrote that a court cannot block a rule because it may be misguided, only if it violates the law. The ruling is preliminary, not a final decision. For now, students and scholars are still admitted for the length of their programs.
The administration's side
The Department of Homeland Security said past administrations had let foreign students and other visa holders stay in the country virtually indefinitely, creating safety risks and costs for taxpayers, and that some had become 'forever' students who stay enrolled in order to remain. It said fixed stays would let it reassess visa holders regularly.
Sources
Permanent link: https://unredactedrecord.com/e/studentvisas/