Federal Court Blocks DHS Visa Duration Rule; States Sue Over Public Charge; H-1B Fee Extended
A nationwide injunction has halted a Department of Homeland Security rule that would have imposed fixed admission periods on F-1, J-1, and I visa holders instead of their current duration-of-status arrangement. A coalition of 22 states and the District of Columbia filed suit to prevent a new public charge rule from taking effect, while the administration extended a $100,000 fee requirement for certain H-1B petitions through September 2027. Additional changes include expanded social media screening for TN, TD, and I visa applicants and a new executive order increasing H-1B employer scrutiny.
The preliminary injunction halts a DHS rule that would have ended the long-standing duration-of-status arrangement for F-1, J-1, and I visa holders, instead requiring fixed admission periods and formal extension filings. This change would have affected international students, exchange visitors, and media personnel, potentially adding administrative burdens and uncertainty to their stays. Separately, the public charge rule faces a multi-state legal challenge ahead of its scheduled September 2026 implementation, with opponents arguing it would penalize green card applicants who use certain public benefits.
Additional administrative actions include expanded social media vetting for TN, TD, and I visa applicants beginning October 2026, and an extended $100,000 fee requirement for certain H-1B petitions running through September 2027 despite ongoing litigation. A new executive order also directs agencies to factor employer layoff history and labor market conditions into H-1B petition reviews, suggesting heightened compliance scrutiny for petitioning employers.
These overlapping policy shifts could create significant planning challenges for foreign nationals and their employers. International students and exchange visitors may face new compliance deadlines, while H-1B applicants and sponsoring companies could encounter higher costs and more rigorous review processes. Green card applicants in states challenging the public charge rule may experience uncertainty about benefit eligibility. Collectively, these measures may influence where skilled workers choose to study, work, and settle, potentially affecting U.S. competitiveness in attracting global talent.