A coalition of unions and advocacy groups has filed a lawsuit to block a new Department of Homeland Security (DHS) rule that limits how long foreign students and journalists can remain in the United States without applying for extensions.
The lawsuit, filed in the U.S. District Court for the District of Massachusetts on August 18, challenges a rule that sets fixed time periods for F visas (international students), J visas (cultural exchange visitors), and I visas (foreign media representatives). The rule is scheduled to take effect on September 15.
Under the new regulations, F and J visas would be capped at four years, while I visas for most foreign journalists would be limited to 240 days. Chinese nationals (excluding Hong Kong and Macau) would face an even stricter cap of 90 days for media visas, with possible extensions. The DHS stated the changes aim to close what it described as a loophole allowing indefinite stays without routine oversight.
The lawsuit argues the rule will have “catastrophic” consequences for universities, international students, and scholars. Plaintiffs claim the changes discourage foreign students and nonimmigrants from coming to the U.S. by creating the risk of losing legal status mid-program. The complaint states students may lose opportunities and schools may struggle to attract talent.
DHS Secretary Markwayne Mullin defended the rule in a July 16 statement, saying it removes an “indefinite” admission system that allowed some to abuse the immigration process by perpetually enrolling in courses to avoid leaving the country. The department emphasized that students in longer programs may still apply for extensions.
The lawsuit represents a direct challenge to the Trump administration’s immigration policies, which have increasingly focused on tightening visa durations and oversight. The rule applies to new visa applicants and those seeking extensions after the effective date. Legal experts note the case could set a precedent for future visa policy enforcement.
Universities and advocacy groups have historically supported flexible visa durations to maintain the U.S.’s appeal as a global education and cultural exchange hub. Critics of the rule argue it undermines long-standing practices that have supported international collaboration and academic exchange. Supporters of the change contend it enhances national security and ensures compliance with immigration laws.