A coalition of US unions and advocacy groups filed a lawsuit on August 18 in the US District Court for the District of Massachusetts to block a new Department of Homeland Security (DHS) rule limiting the duration of F, J, and I visas for foreign students, exchange visitors, and journalists [1, 2, 3, 4].
The DHS rule, set to take effect on September 15, caps student and exchange visitor visas (F and J) at a maximum of four years. Journalist (I) visas will be limited to 240 days, with a further restriction to 90 days for Chinese nationals holding PRC passports, excluding those from Hong Kong and Macau [1, 2, 3, 4].
Previously, these visas were generally issued for the full length of the recipient’s program, employment, or assignment, without a fixed maximum period [1, 2, 3, 4]. The new regulation also imposes additional restrictions on educational transfers and changes in educational objectives, affecting some graduate students [4].
The lawsuit contends the limits will be catastrophic for universities, international students, scholars, and journalists, discouraging them from coming to or staying in the US. It states, "They will discourage foreign students and other non-immigrants from coming to the United States, repelled by the intolerable prospect of losing lawful immigration status partway through their studies. Students will lose opportunities, schools will lose talent, and the public will lose billions of dollars of economic contributions supported by one of the United States’ top exports: education" [1].
Jon Schleuss, president of the US NewsGuild-CWA, described the rule as "an attack on journalists" [3]. Randi Weingarten, president of the American Federation of Teachers, said the US "is breaking the law for its own pol[icy]" [3]. Foreign students typically pay higher tuition and receive fewer scholarships, so reduced international enrollment could financially impact US colleges [4].
The Department of Homeland Security called the lawsuit "performative," asserting the administration is cracking down on fraudulent visa applications. A DHS spokesperson said, "If the media really cared about legitimate international students, they would be thanking President Trump for cracking down on the rampant fraud to ensure only those truly intending to study in the United States are given the privilege" [1].
The lawsuit was filed three weeks before the new visa limits are scheduled to take effect on September 15, 2026 [1, 2, 3, 4].