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<\/p>\nHarvard International Office is now recommending that J-1 scholars and F-1 and J-1 international students enrolled in on-campus programs this fall try to be in the U.S. when a new Department of Homeland Security rule imposing four-year limits and other restrictions on student visa status takes effect on Sept. 15.<\/p>\n
The recommendation comes because the rule will apply differently to students and scholars already in the country when it takes effect. Those in the U.S. on the day the rule goes into effect will be authorized to remain without filing for an extension until the later of their program end date or the expiration of their post-completion work authorization, up to a maximum of four years.<\/p>\n
But current students and scholars who leave the country and return after Sept. 15 will become subject to the new rule upon reentry.<\/p>\n
Those already in the U.S. when the rule takes effect will retain the 60-day grace period for F-1 visa holders and 30-day grace period for J-1 visa holders. Under the new rule, the grace period for F-1 visa holders will be shortened to 30 days.<\/p>\n
Students and scholars reentering the country after Sept. 15 may also see the \u201cAdmit Until Date\u201d on their I-94 form changed to match their program end date, according to the HIO \u2014 which could affect how future extensions of status are granted.<\/p>\n
Under the new rule, students hoping to remain in the United States beyond their authorized admission period will be required to file for an extension through U.S. Citizenship and immigration Services. Under the existing system, students can generally extend their program dates through their universities without separately applying to USCIS for an extension of stay.<\/p>\n
The rule would also limit students\u2019 ability to transfer institutions or change their plans of study.<\/p>\n
Since the rule was announced in July, students have been left unsure how it will play out in practice \u2014 including what impact travel would have on their visa status. In its guidance, the HIO acknowledged the uncertainty and wrote that the office\u2019s ability to provide clarity is limited.<\/p>\n
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\u201cWe understand that the rule change, and the lack of clarity surrounding it, has been confusing and unsettling for all of us across higher education,\u201d the guidance reads.<\/p>\n
\u201cWe are fielding many questions, and over the last several weeks have continued to gather more information through our work with national higher education associations, but it is possible we may not have clarity around some of those questions by the effective date of September 15, 2026,\u201d it continues.<\/p>\n
The guidance also referenced a lawsuit filed Tuesday by a coalition of higher education groups and labor unions seeking to prevent the rule from going into effect. The plaintiffs have also asked a federal judge for a preliminary injunction that would temporarily block the rule while the suit proceeds, though it has not yet been granted.<\/p>\n
\u201cThe outcome of litigation is uncertain (as it is with any litigation at this stage); we will monitor this case as it moves through the legal process and will communicate any impact on the rule change or our guidance,\u201d the HIO site reads.<\/p>\n
Harvard is a member of two of the plaintiff organizations in the suit: the Presidents\u2019 Alliance on Higher Education and Immigration, a group of college and university leaders focused on immigration policy; and the Association of Independent Colleges and Universities in Massachusetts<\/a>, an association representing 58 private nonprofit colleges and universities in the state.<\/p>\n Lawyers for the plaintiffs alleged in Tuesday\u2019s complaint that the new rule is \u201carbitrary and capricious,\u201d claiming DHS failed to adequately justify the overhaul despite widespread public comments opposing the proposal. If the court agrees, it could set aside the rule under the Administrative Procedure Act.<\/p>\n More than 20,000 public comments were submitted when the rule was initially proposed in August 2025, including from universities, journalists, members of Congress, unions, and students. Many were critical of the proposed rule and its potential impacts on visa holders.<\/p>\n \u201cDHS has failed to identify any concrete, systemic problem with the existing duration of status system that would justify a complete regulatory overhaul affecting more than two million nonimmigrants annually,\u201d lawyers wrote in the 81-page complaint.<\/p>\n Lawyers also alleged the rule would impact the ability of American universities to attract and retain international talent. The claims echo remarks made by Harvard President Alan M. Garber \u201976 at a July talk in Washington, D.C., calling the four-year visa limit \u201codd\u201d<\/a> and warning that it could deter international students from pursuing Ph.D. programs in the United States.<\/p>\n \u201cDHS also refused to quantify \u2014 and therefore largely disregarded altogether \u2014 the greatest harm of the Final Rule: the foreseeable decline in international student enrollment,\u201d lawyers wrote.<\/p>\n A DHS spokesperson rejected those criticisms in a statement, arguing that the rule is necessary to curb abuse of the student visa system.<\/p>\n \u201cThe performative outrage is incredible. Where was the outrage when foreign nationals were abusing the system, violating the terms of their student visas, and making a mockery of our immigration laws?\u201d the spokesperson wrote.<\/p>\n \u201cIf 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,\u201d the spokesperson wrote.<\/p>\n A Harvard spokesperson did not respond to a request for comment. The plaintiffs\u2019 lawyers also did not respond to a request for comment.<\/p>\n The lawsuit marks the second ongoing legal challenge against DHS in which Harvard is involved, though its role in the new case is indirect.<\/p>\n The University filed its own suit against the agency in May 2025 after DHS revoked its ability to host international students that spring. A federal judge later blocked the revocation with an injunction, and oral arguments in the case are scheduled for Oct. 6.<\/p>\n \u2014Staff writer Sebastian B. Connolly can be reached at [email\u00a0protected]<\/a> or on Signal at sbc.23. Follow him on X @SebastianC4784<\/a>.<\/p>\n \u2014Staff writer Summer E. Rose can be reached at [email\u00a0protected]<\/a> or on Signal at ser.85. 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