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Groups Sue to Block DHS Rule Capping International Students' U.S. Stays

Plaintiffs say the change shifts extension decisions to USCIS and risks backlogs that could disrupt graduate training and local economies.

Overview

  • A coalition of nonprofits, universities and unions filed suit Tuesday in federal court in Boston and asked for a preliminary injunction to stop the DHS rule before its Sept. 15, 2026 effective date.
  • The final DHS regulation generally limits many F‑1 and J‑1 admissions to four years, shortens post‑completion buffers and forces extensions and status changes to be sought through USCIS using Form I‑539 with fees and biometrics.
  • In an 81‑page complaint the plaintiffs argue DHS failed to respond meaningfully to more than 22,000 public comments, did not consider less burdensome alternatives and did not adequately assess the rule’s costs and benefits.
  • Universities warn the rule will create hundreds of thousands of new USCIS filings, strain agency capacity, raise travel and reentry risks that can trigger unlawful‑presence penalties, and jeopardize multi‑year Ph.D. and postdoc training.
  • Analysts and plaintiff groups project enrollment and economic losses if international students decline; NAFSA estimated nearly a 10 percent drop in admissions and about $284 million in lost economic activity for Massachusetts, and Boston schools have held town halls and updated guidance as the rule approaches.