Travel Policy Updates

BIG Immigration News: DHS just finalized a rule that ends "duration of status" for international students. If you're on an F-1 or J-1, this changes how long you can stay and what it takes to extend. For years, most international students could stay in the U.S. as long as they maintained status, with no fixed expiration date. Starting mid-September, 2026, every F, J, and I nonimmigrant gets a fixed "admit-until" date on their Form I-94. F and J visas are capped at 4 years, language students at 24 months, and media visas at 240 days. Here's what you need to know: 1/ Renewing your status now means a full USCIS filing. What was previously a SEVIS update handled by your DSO will require a formal I-539 filing, along with a compelling reason like a documented academic delay or medical issue. Academic probation will not count. 2/ An overstay triggers unlawful presence immediately. If you miss your fixed I-94 date without a timely pending extension, the clock starts the next day, without any formal finding from USCIS. 3/ The old bridge strategies will no longer work. F-1 students can't change to a program at the same or lower level, which ends the "Day-1 CPT" move people used after missing the H-1B lottery. Graduate students can't change majors or transfer schools mid-program except in rare SEVP-authorized cases. 4/ Work authorization and permission to stay are now two separate filings. Applying for OPT or STEM OPT does not extend your time in the country, so if your I-94 is expiring, you file both the I-765 for work and the I-539 to extend. One exception: from mid-September 2026 to mid-March, 2027, a timely I-765 protects your stay on its own. 5/ The grace period drops from 60 days to 30. If an extension gets denied, there is no grace period at all, and you and your dependents must depart immediately. What to do now: If you're a founder on an F-1 or STEM OPT, map your I-94 date against your OPT timeline today. Don't assume they extend together anymore. If you're hiring international talent, ask candidates where they sit on this timeline before you build a role around them. A 30-day grace period leaves little room to transfer an H-1B or file an O-1. And if your long-term plan leans heavily on staying in student status, this is the moment to look at paths that stand on their own, like the O-1, EB-1, or EB-2 NIW. We're tracking this closely and will share updates as the rule moves forward.

*** Navigating the New U.S. Visa Interview Rules **** The Department of State has announced a significant policy shift, drastically reducing the eligibility for nonimmigrant visa interview waivers, effective September 2, 2025. This change reverses the more lenient policies of the past few years, and as a practical matter, it means that most visa applicants (including H and L visas) will now need to attend an in-person interview. Here’s what you need to know about this important update. The End of Broad Interview Waivers Fundamentally, the previous, broader authority allowing consular officers to waive interviews for various visa categories is ending. The age-based exemptions have also been significantly narrowed. Going forward, only a few specific categories of applicants will be eligible for an interview waiver. Who May Still Qualify for an Interview Waiver? The exceptions to the in-person interview requirement are now limited to the following groups: Certain Official and Diplomatic Visas: This includes applicants for A-1, A-2, C-3 (excluding personal employees), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, and TECRO E-1 visas. Renewals of Visitor Visas (with strict conditions): Applicants renewing a B-1/B-2 visitor visa may be eligible, but only if they meet all of the following criteria: They are renewing a full-validity visa within 12 months of its expiration. They were at least 18 years old when the previous visa was issued. They are applying in their country of nationality or residence. They have never had a visa refused (unless that refusal was later overcome or waived). They have no other apparent or potential ineligibilities. Key Takeaways and What to Expect Be mindful of the most critical change: applicants under the age of 14 and over the age of 79, who were previously often exempt, will now generally be required to attend an in-person interview. This marks a substantial shift and will impact families and elderly travelers. Note also that consular officers retain the ultimate discretion to require an in-person interview for any applicant, for any reason. An applicant’s eligibility under the renewal category does not guarantee a waiver. Given these changes, all prospective applicants should now anticipate the need for an interview. It is essential to check the website of the specific U.S. embassy or consulate for the most current procedures and operating status as you plan your application. #USImmigration #VisaPolicy #InterviewWaiver #BusinessImmigration #USTravel

*** New pause on immigrant visa processing for 75 countries does not apply to J, F, M, H, and other non-immigrant visas. *** Multiple outlets have reported today on a pause in visa processing for 75 countries. Since this news originally broke, the Alliance team has been in touch with many contacts at the Department of State and in the media. We’ve confirmed directly with multiple sources that this pause applies ONLY to immigrant visas, and DOES NOT apply to non-immigrant visas such as J, F, M, and H. The Department of State tweeted that the pause is on “immigrant visa processing” (https://lnkd.in/ey92y5Ht). The AP posted an article noting, “The suspension, which will begin Jan. 21, will not apply to applicants seeking non-immigrant visas, or temporary tourist or business visas” (https://lnkd.in/epxcVi2X). And the Washington Post also just put out an article providing more context (https://lnkd.in/esXrRDXE). Given the uncertainty and incomplete information that's been swirling around all morning, I hope this clarifying information can help you communicate accurately with your teams, networks, and partners.

BREAKING NEWS: The White House Office of Management and Budget has completed its review of the final rule ending the Duration of Status for F-1 international students. The rule is now cleared for public release. Publication in the Federal Register and the start of its 60-day implementation clock are imminent. 👉 What the rule does - Duration of Status is eliminated for F-1 visa holders. - Students will instead receive a fixed 4-year admission period tied to their I-94. - After 4 years, students must affirmatively file Form I-539 with USCIS, pay fees, and submit biometrics to extend their stay, even if they are actively enrolled and in full compliance. - The post-graduation grace period is reduced from 60 days to 30 days - J-1 exchange visitors and I visa holders (foreign media) are also affected. - Universities lose the administrative authority they have held since 1994 to automatically extend a student's lawful stay through program extensions. 👉 Who will be hit hardest - PhD candidates and research fellows whose programs routinely run 5 to 7 years will hit the 4-year cap mid-program and be required to file for renewal. - Medical students and residents in multi-year programs on J-1 status. - OPT and STEM OPT graduates whose I-94 expiration could now create gaps before H-1B cap-gap coverage begins. - International student offices at universities, currently tracking enrollment compliance, will now need to monitor hard I-94 expiration dates for every student across thousands of records. Canada, Germany, the UK, and Australia have all introduced or expanded fast-track skilled immigration pathways in 2025 and 2026. Read the final rule text when published. Connect with your DSO immediately if you are within 2 years of a 4-year enrollment milestone. ... First-generation immigrant attorney. Empathetic, solution-focused immigration strategies for founders, professionals, and growing businesses. #F1 #Visa #Students #Immigration #Policy #OPT #STEM #HigherEducation

If you're an F-1 student in the U.S. right now, the biggest risk under the new DHS rule isn't a form or a fee. It's booking a flight home. DHS is eliminating "duration of status" for F-1 students and replacing it with a fixed admission date on your I-94. Publication is set for July 17, with an effective date around September 15, 2026. Here's what people need to know about the transition: If you're already in the U.S. and maintaining status on the effective date, you do NOT need to rush to file anything. You're generally protected until the earliest of your I-20 program end date, four years out (roughly September 15, 2030), or a status violation. But that protection is fragile in one specific way: ➡️ Leave the country and come back, and you lose it. Travel doesn't just "refresh" your old D/S admission anymore. After September 15th, you'll be readmitted with a new fixed-date I-94 with a 30-day departure window instead of 60. The other changes: A USCIS extension of stay (likely Form I-539) will be required to stay past your I-94 date. A DSO extending your program in SEVIS will no longer be enough. Graduate students generally can't change majors mid-program or transfer schools without a special exception. After finishing a program, you can generally only move UP a level — no second bachelor's, no second master's (looking at you Day-1 CPT). Post-completion OPT will often require BOTH an I-539 and an I-765. There's temporary OPT relief for students who file within six months of the effective date. And cap-gap survives untouched. For students, schools, and employers: the compliance model just shifted from "the DSO handles it" to a dual DSO + USCIS system. You'll need to start tracking I-94 dates. #Immigration #F1Visa #InternationalStudents #ImmigrationLaw #HigherEd #OPT https://lnkd.in/gjRvT8ar

Big news for international students (and everyone who works with them) 📢 Starting September 15, 2026, the U.S. government is changing a rule that's been in place for almost 50 years, and it affects over a million international students. Here's the simple version: Right now, international students on an F-1 visa can stay in the U.S. for as long as they're actively in their program, whether that's 2 years or 8. This is called "duration of status." There's no expiration date tied to a calendar, just to your studies. Starting in September, that changes. Instead, students get a fixed end date, based on their program length, capped at 4 years. If your degree takes longer than that (which happens a lot, especially for PhDs and med school), you'll need to file paperwork and pay a fee to ask the government for more time, before your clock runs out. DHS says the rule is meant to close loopholes and address what it calls "foreign student visa abuse." Critics, including university groups and economists, argue the rule doesn't address a documented problem and will create new burdens instead. A few other things worth knowing: 📌 The grace period after finishing your program (time to pack up, travel, or start work) is shrinking from 60 days to 30 days. 📌 If you're already in the U.S., your status doesn't change right away, but if you travel internationally and come back after September 15, the new rules kick in. 📌 A recent analysis by Brookings scholars Dan Berger, Michael Clemens, Stephen Yale-Loehr, and colleagues estimates this rule could add hundreds of thousands of extra applications a year to an already backed-up USCIS system, though DHS's own estimate of the added burden is far lower. International students matter to the U.S. economy: NAFSA reports they contributed nearly $43 billion last school year and supported over 355,000 U.S. jobs. Supporters of the rule argue tighter tracking is worth the tradeoff; critics like Berger, Clemens, and their co-authors estimate the economic cost could reach $72-145 billion a year over the next decade if it discourages students from choosing the U.S. Bottom line: this is a real shift in how international students and scholars are tracked and admitted, and it's worth understanding regardless of where you land on it. If you work with international students or are one yourself, now's the time to start planning ahead. Source: Brookings, "What does the new duration of status rule mean for international students and workers?" by Dan Berger, Michael Clemens, Stephen Yale-Loehr, Taylor Joseph, and Ezra L. Brown #InternationalStudents #ImmigrationPolicy #HigherEd #F1Visa

There is significant discussion on social media about reports that the U.S. Department of State will suspend immigrant visa processing for applicants from approximately 75 countries starting next week. Much of this commentary inaccurately characterizes the action as a “visa ban.” That framing is incorrect. A suspension in processing and a ban are legally and practically different. What the announcement actually means The Department of State has confirmed that it is temporarily suspending immigrant visa adjudications at U.S. embassies and consulates for certain countries beginning January 21, 2026. The stated purpose is to reassess vetting procedures under existing public charge provisions of immigration law—specifically, whether applicants are likely to rely on U.S. public benefits. This pause: Is procedural, not permanent Applies only to immigrant visas processed abroad Does not cancel approved petitions Does not revoke visas already issued What is not affected 1. USCIS petitions remain unaffected: This pause has nothing to do with USCIS. Petitions such as EB-1A, EB-2 NIW, family-based I-130s, and any Adjustment of Status (AOS) applications filed inside the U.S. continue to be processed normally by U.S. Citizenship and Immigration Services. 2. Nonimmigrant visas are excluded: The suspension does not apply to nonimmigrant visas, including F-1, H-1B, B-1/B-2, or other temporary categories. Tourists, students, and business travelers—including those coming for the 2026 World Cup—are not impacted. 3. Statutory and policy-based exceptions remain: Even within the suspension, the Department of State has authority to issue immigrant visas in exceptional circumstances, including categories where denial would conflict with statutory rights or national interests. Why this is likely temporary Immigrant visa processing cannot be suspended indefinitely. For example, U.S. citizens possess a constitutional right to sponsor immediate relatives, including spouses. Any prolonged or blanket suspension would face serious legal challenges. Historically, the Department of State has used temporary pauses to implement enhanced screening. A notable example includes the prior suspension of certain F-1 visa processing to introduce social media vetting requirements. This current pause appears to follow a similar pattern—allowing consular offices to recalibrate adjudication standards related to public charge determinations. Political context (not legal effect) The announcement occurs amid a broader immigration enforcement posture under Donald Trump, including heightened scrutiny of public benefits usage and the termination of certain humanitarian protections such as TPS for specific nationalities. However, political rhetoric does not change statutory immigration law, and the pause does not override existing legal frameworks.

🚨 Important Visa Update for Indian Applicants 🇮🇳🇺🇸 The United States has restricted Indian applicants from applying for student, visitor, and work visas through third countries. Going forward, visa interviews must be conducted only in India, which is expected to significantly increase wait times. ❓ Why was this move made? This decision aligns with the US government’s broader objectives to: 1. Tighten visa oversight and reduce misuse of third-country visa processing 2. Improve verification and background checks by interviewing applicants in their home country 3. Standardize visa procedures across nationalities 4. Reduce administrative bottlenecks caused by cross-border appointment shopping 🎯 What is the purpose? The core intent appears to be: 1. Strengthening immigration control and compliance 2. Enhancing national security screening 3. Bringing more predictability and accountability to the visa process ⚠️ What it means for Indians 1. Longer waiting periods for visa interviews 2. Increased pressure on Indian US consulates 3. Planning international travel or studies now requires earlier timelines and better preparation This update is especially important for students, professionals, and frequent travelers to consider before making education or career decisions involving the US. Stay informed. Policy shifts like these can directly impact long-term plans. #linkedin #students #career #usa

(A rare Friday) Consular Update: The full text of the State Department cable from 18 June 2025 regarding the new social media vetting requirements for F, M, and J visa applicants is now available. My main takeaways— -All F, M, and J visa applicants will be subject to this new policy regardless of whether they’ve had a visa issued previously. -The new policy requires that all applicants who pass the initial interview to be refused under INA Section 221(g) and advised to open their social media profiles for review if they have chosen to keep their social media private. -The same officer who conducts the interview must do the social media vetting. -DOS has advised posts to reduce visa interview slots to accommodate the extra workload. -Posts have 5 working days to implement the policy from the date of the cable (25 June by my count). What’s clear is this is a substantial new workload for consular officers. I almost feel bad for them. It’s going to grind processing to a halt and will likely result in increased wait times for all nonimmigrant visas, let alone the student and exchange visitor applicants. I have significant doubts whether the consular officers required to conduct the reviews have the language fluency needed to perform them in all the local languages. It is also concerning that the process specified is manual. I suspect that posts are currently working to create their own individual policies to comply with the new rules. Based on the cable, if a consular officer does 50 student visa interviews in a day, that officer is then going to have to vet social media for those 50 applicants. How can this possibly scale? The US issued over 400,000 F-1 visas and over 300,000 J-1 visas in FY2024. This cable looks like it has been designed in a lab to slow visa processing down to a crawl. You can read the full cable here: https://aboutblaw.com/biDF (h/t to the excellent Andrew Kreighbaum)

The DHS final rule eliminating duration of status for F-1 and J-1 visa holders has cleared OMB review and could publish in the Federal Register within days. For employers, this is no longer a proposal to watch. It is a workforce planning event to prepare for now. For decades, students and exchange visitors have been admitted for the duration of their program, with status maintained through a designated school official updating the SEVIS record. The final rule replaces that with a fixed admission period, generally capped at four years and tied to the program end date. Anyone needing more time would file a formal extension of stay with USCIS, complete biometrics, and wait for a case-by-case adjudication. The effective date will likely fall thirty to sixty days after publication. As proposed, the rule reaches further: - Unlawful presence would begin accruing automatically once the fixed period expires, exposing individuals to the three- and ten-year bars on a much shorter fuse - The F-1 grace period would drop to thirty days - New restrictions would limit changing programs, majors, or education levels - Travel while an extension is pending carries its own traps, depending on what is presented at the port of entry Consider where this lands for an employer with a large early-career pipeline. Campus recruiting, OPT, STEM OPT, and the eventual move to H-1B all assume a degree of continuity that fixed admission dates would disrupt. Every extension becomes a date to track, a filing to manage, and a potential gap to absorb. Under the automatic unlawful-presence trigger, a missed deadline can no longer be quietly corrected after the fact. The clock starts on its own, and the consequences attach immediately. Across hundreds of hires, that exposure compounds quickly. Another provision to note is that the proposed version of this rule also sought to eliminate the requirement that USCIS defer to prior petition approvals. Whether that provision survives in the final text, or moves into a separate rulemaking, is not yet clear. But a shift away from deference would affect the predictability of extensions well beyond the student and exchange-visitor population. The employers who get ahead of this will be the ones who start now, before the effective date turns planning into triage. Map exposed populations, identify where the timing will be crucial, and build slack into onboarding and extension workflows. With OMB review behind it, the rule is effectively on its way. The question for employers is how much planning happens before publication rather than after.