Universities Sue DHS to Block Four-Year Student Visa Cap Before Sept. 15 Deadline

BOSTON, A coalition of higher education organizations and labor unions asked a federal court last month to block a Trump administration rule that would cap international student visa stays at four years, replacing a decades-old system that let foreign students remain in the United States for the full length of their academic programs.

The lawsuit was filed Aug. 18 in U.S. District Court for the District of Massachusetts, according to a report by Courthouse News Service. The rule, published by the Department of Homeland Security in the Federal Register on July 17, takes effect Monday.

The plaintiffs include the Presidents' Alliance on Higher Education and Immigration, a group that represents close to 600 public and private colleges and universities, according to the Courthouse News account. Four labor unions also joined the complaint, as did NAFSA, the association that represents international education administrators. The coalition asked the court to vacate the rule and enjoin its implementation before the Sept. 15 effective date.

Under the rule, F-1 students, J-1 exchange visitors, and I-visa foreign journalists are admitted for the shorter of their program end date or four years, according to a summary published by the law firm Fisher Phillips. Students who need more time must file a Form I-539 extension with U.S. Citizenship and Immigration Services, at a filing fee of $420 or more, according to a report by The College Investor. The rule also cuts the post-completion grace period for F-1 students from 60 days to 30 days.

The change ends what DHS itself described as a "duration of status" standard that has been in place for roughly 50 years, according to Fisher Phillips' account of the rule.

DHS framed the policy as a national security measure. The department said that 2,100 international students who entered the country between 2000 and 2010 still held active F visas as of April 2025, according to Higher Ed Dive. A DHS spokesperson, quoted by STAT News, said the rule was needed because foreign nationals were "abusing the system, violating the terms of their student visas."

The plaintiffs disputed that rationale. In their complaint, they brought three counts under the Administrative Procedure Act, arguing DHS acted arbitrarily and gave the public only 32 days of comment on a rewrite covering three visa categories, below the 60 days called for under executive order, according to The College Investor's review of the filing. The coalition also argued DHS invented a category of inadmissibility not found in the Immigration and Nationality Act.

DHS acknowledged at least $443 million a year in compliance costs in its own rule-making record while attaching no dollar figure to projected benefits, according to The College Investor.

The financial stakes are concrete for universities. International graduate enrollment has already fallen enough to trigger layoffs and program cuts in 2026, according to Higher Ed Dive. Critics cited by Visa Verge put the annual economic contribution of international students at roughly $43 billion.

Harvard University advised its international students to return to campus before Sept. 15 to preserve grandfathered status under the previous rules, according to Visa Verge, even as the lawsuit remained pending.

As of Monday's effective date, most people entering the United States in F-1, F-2, J-1, or J-2 status on or after Sept. 15 will receive a specific expiration date on Form I-94 rather than the D/S designation, according to a published analysis of the final rule. A court ruling on the coalition's request for an injunction had not been publicly reported as of this filing.

Sources cited:
- Courthouse News Service (https://www.courthousenews.com/universities-sue-dhs-over-four-year-visa-cap/)
- Higher Ed Dive (https://www.highereddive.com/news/coalition-sues-trump-administration-over-4-year-student-visa-cap/828207/)
- STAT News (https://www.statnews.com/2026/08/18/dhs-sued-over-visa-time-limit-for-foreign-students/)
- The College Investor (https://thecollegeinvestor.com/87067/colleges-and-unions-sue-to-block-the-new-four-year-cap-on-student-visas/)
- Fisher Phillips LLP (https://www.fisherphillips.com/en/insights/insights/new-rule-caps-international-student-visas-at-4-years)
- Visa Verge (https://www.visaverge.com/f1visa/harvard-urges-international-students-to-return-before-sept-15-amid-new-dhs-visa-rules/)
- visafortheunitedstates.com (https://visafortheunitedstates.com/visa-types/student-visa/f1-j1-duration-of-status-eliminated-2026-new-rules-international-students/)