PandaDesk · Jun 5, 2026

On 22 May 2026, U.S. Representatives Smith, Lee, Garcia, and Chen—a bipartisan group of two Republicans and two Democrat

On 22 May 2026, U.S. Representatives Smith, Lee, Garcia, and Chen—a bipartisan group of two Republicans and two Democrats—urged the Department of Homeland Security (DHS) and the Office of Management and Budget (OMB) to preserve the Duration of Status (D/S) policy for international student visas, as reported by ICEF Monitor . Their letter warns that the proposed rule, expected to take effect as early as September 2026, would replace D/S with fixed end dates, require extensions to be filed through U.S. Citizenship and Immigration Services (USCIS), and disrupt academic continuity for thousands of students. The representatives argue that the change would create unnecessary administrative burdens and deter top global talent at a time when competitor nations are expanding recruitment efforts. The proposed rule, published in the Federal Register on 28 August 2025, elicited over 15,700 public comments during its 30 day review period, with the vast majority opposing the change. NAFSA: Association of International Educators stated in its submission that the rule would replace a "proven, flexible policy" with one that is "duplicative, burdensome, and creates uncertainty." The Presidents’ Alliance on Higher Education and Immigration similarly rejected the proposal, warning that it would impose greater economic costs on U.S. institutions and local communities than DHS estimates. Despite this opposition, DHS submitted the final rule to OMB on 5 May 2026, with NAFSA anticipating publication in the Federal Register within weeks. The rule would take effect 60 days after publication, following OMB review. The congressional letter underscores the potential consequences of the rule, including its impact on international student enrollment. Surveys cited in the letter found that nearly half of international graduate students and postdoctoral researchers would not have chosen the U.S. if a fixed admission period had been in place. The representatives also highlighted economic risks, noting that a one third decline in foreign STEM graduates could reduce U.S. GDP by 240 to 481 billion dollars cumulatively over the next decade. International students, who often pay full tuition, help sustain academic programs and enable public universities to enroll two additional American students for every international student admitted. Under the current D/S system, Designated School Officials (DSOs) at universities can approve extensions for students making academic progress, but the new rule would transfer that authority to USCIS, where officials would exercise discretion in granting extensions. Jill Allen Murray of NAFSA warned in an April 2026 webinar that the rule could take effect as early as the fall 2026 intake, leaving institutions and students limited time to adapt. With the final rule pending OMB review, the congressional appeal represents a final effort to reverse a policy that educators and lawmakers argue could reduce international STEM graduate enrollment by as much as 50 percent.