Potential Duration of Status Litigation Support

The Department of Homeland Security (DHS) is expected to publish a final rule that eliminates "duration of status" (D/S) for F and J nonimmigrants in favor of a fixed admission period. The rule is also expected to require students and exchange visitors to file formal extension applications with U.S. Citizenship and Immigration Services (USCIS if they need time beyond their initial fixed date of admission, shorten F-1 grace periods, cap English language training to 24 months, and impose new limits on program changes and academic mobility.

Throughout the rulemaking process, EnglishUSA has worked to ensure that the unique realities of English language programs were represented. We submitted formal comments to DHS, provided resources and analysis to members, and collaborated with our colleagues across the international education community to advocate for policies that support both students and institutions.

Once the final rule is published, it will be carefully reviewed by the higher education community. Depending on its contents, legal challenges may follow. As part of that effort, our colleagues at NAFSA: Association of International Educators (NAFSA) have asked associations to help identify institutions that may be willing to provide declarations describing the impacts the rule would have on their programs. Here is additional information provided by NAFSA.

A declaration is a sworn statement of facts submitted to a court by someone with firsthand knowledge of how a policy affects their program and/or institution. It supplements or explains technical data, policies, or operational realities that support legal arguments. It provides evidence of potential harm.

Those impacts may include increased administrative workload, additional compliance responsibilities, effects on enrollment, disruption of student educational pathways, or broader institutional consequences. Each institution's experience will be different. However, English language programs offer a perspective that should be represented if litigation proceeds.

At this stage, we are simply seeking expressions of interest--no commitment is being requested. We are trying to identify member programs/institutions that:

would like to learn more about what serving as a declarant involves;
believe the rule may have a significant impact on their English language program or institution or students; and
may be willing to explore this opportunity if litigation moves forward and after consulting with their leadership.

To help us better understand member interest, we are asking you to complete a brief survey that should take no more than three minutes. Again, completing the survey is an expression of interest and not commitment.

If you indicate that your program/institution would like additional information, EnglishUSA will provide resources explaining the declaration process, what information may be requested, and what steps institutions typically take before deciding whether to participate. We also anticipate offering an informational session with our colleagues at NAFSA to answer questions once more details are available.

Thank you for taking a few minutes to complete the survey and for everything you do to support international students and the field of English language education. EnglishUSA remains committed to keeping you informed and providing practical resources as events unfold.