This week’s round-up focuses on proposed regulatory rule changes, several of which carry significant implications for international students and employers. We have updates on regulatory rule changes to Duration of Status, H-1B Weighted Salary Rule, and “Patriotic Education” Proposed Rule. We have also included an update on the H-1B $100,000 Proclamation.
Duration of Status - Public Comments Close September 29th, 2025
Under the new system, F students and J exchange visitors would be admitted only until the program end date listed on their immigration form, capped at four years. This shift would create significant challenges for international students. For a detailed breakdown, NAFSA has published an excellent explainer. Below are some of the most important proposed changes:
If D/S is abolished, students and exchange visitors will need to file for an extension with USCIS to:
Complete a PhD program;
Complete an undergraduate program that requires more time than four years;
Complete any program where a student falls a few credits short of graduation requirements;
Engage in post-completion practical training or academic training;
Move to a higher level of study;
Transition from an English language program into a degree program; or
Transfer to a new school or program sponsor.
The proposed rule also prohibits F-1 graduate students from changing educational objectives or transferring from within the United States, without explanation for why that is necessary.
Shorelight, along with other organizations, is encouraging action. Together with NAFSA, you can join the fight to defend D/S.
Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions
The U.S. government today published a long-anticipated proposed rule in the Federal Register that would overhaul the H-1B visa lottery system. Under the proposal, higher wages would serve as a proxy for higher skills, shifting away from the current random selection process for cap-subject registrations.
If finalized, the change would apply to both the 65,000 visas under the regular cap and the 20,000 visas reserved for holders of advanced degrees. According to the proposal, the new system would introduce a weighted selection process designed to prioritize higher-skilled, higher-paid foreign professionals, while “maintaining the opportunity for employers to secure H-1B workers at all wage levels.”
As with other immigration rulemaking, the proposal is now open to public comment until November 24, 2025. All comments submitted by that date must be reviewed by the administration before a final rule can be issued. Stakeholders are expected to file thousands of responses, which will be closely monitored by employers, advocacy groups, and immigration attorneys.
Read more on the Federal Register >
How the Education Dept. Wants to Advance ‘Patriotic Education’
In addition to changes the Trump administration is looking to make specifically to higher education, he is looking to make significant changes to curriculum around “American Patriotism”. This new proposed rule wants to focus “grant funds on programs that promote a patriotic education that cultivates citizen competency and informed patriotism among and communicates the American political tradition to students at all levels.” That could include projects geared toward helping students understand the “founding documents and primary sources of the American political tradition, in a manner consistent with the principles of a patriotic education,” according to the proposal.
According to the proposal, which is open for public comment until October 17th, “patriotic education” refers to “a presentation of the history of America grounded in an accurate, honest, unifying, inspiring, and ennobling characterization of the American founding and foundational principles”; examines “how the United States has admirably grown closer to its noble principles throughout its history”; and advances the “concept that commitment to America’s aspirations is beneficial and justified.”
“That context tells us that the administration is interested in telling an uncomplicated celebration of American greatness,” Weicksel said. “Doing that flattens the past into a set of platitudes that are not rooted in the broader historical context, conflicts, contingencies and change over time that are central to historical thinking.”
Learn more on Inside Higher Ed >
Trump’s $100,000 H-1B Visa Shock: Why US May Lose More than India
Our team has known that changes were coming to the H-1B program, as well as OPT. We have been waiting on release of the proposed rule impacting the program by changing the H-1B process from a lottery to a weighted salary system (see below). This will be a significant change. None of us were expecting the proclamation issued by the President last Friday afternoon.
It is clear that the administration is trying to radically change access to American jobs for international job-seekers. The justification for the proclamation sets out to restrict the entry of H-1B specialty occupation workers unless employers pay a $100,000 fee per petition, with limited national-interest exemptions, going into effect September 21, 2025. The proclamation claims widespread abuse of the H-1B program by IT outsourcing firms and other employers; the order argues that the program has displaced American workers, suppressed wages, harmed new US graduates, and posed national security risks. It directs federal agencies to enforce the new payment requirement, prevent misuse of other visa categories, and begin rulemaking to raise prevailing wages and prioritize the admission of high-skilled, high-paid foreign workers.
As a result, we saw widespread confusion over the weekend. Was this a one-time fee, an annual fee, how was this to be implemented, are students impacted? The administration had to very quickly clarify that this was meant as a one-time fee, and it wouldn’t impact current visa holders. However, it is important to note that we still do not have a clear understanding of the full impact on students.
We anticipate this new proclamation to be challenged in court very soon. Our team will continue to monitor this situation and provide updates as more information becomes available.
