About the Author
Christian Montesinos, JD
Director of International Programs and Services
Estimated reading time: 4 minutes
Myself, my department, our institution, and the entirety of higher education are feeling the
extreme challenges currently facing international students all across the United States.
Immigration policies and laws in our country have always been fraught with changes (for the
better or worse depending on who you ask), but one thing is certain, and that is that the current
level of scrutiny towards our international students has never been so high.
The landscape of higher education is one in which challenges are born and overcome. It brings
about the resilience that I, as an educator, wish to impart on the students that encircle me on a
regular basis. I want them to be strong so that whenever they leave the protective barrier of our
institution, they are ready to tackle what life- as difficult as it may be- will throw at them. This is
certainly true, and what I am most passionate about when it comes to international students.
While I am biased due to the nature of my work, I hold the international students to a higher degree
than most. They come to the United States with an already built-in resilience and strong work
ethic. Oftentimes, the immigration current is not in their favor despite the immeasurable
sacrifice that they, and many others, have made in order for them to get here. They have left all
that they have known and the comforts of their surroundings, all for the sheer chance at realizing
a dream.
In 1978, Congress wanted to lessen some of those barriers that students often face when securing
a visa from abroad in order to enter the United States. They piloted a program called Duration of
Status. Duration of Status was a designation affixed to the entry record of each international
student when they arrived in the United States that would allow them to remain in legal student
status for the duration of their academic program. The opposite of duration of status is to affix a
set amount of time that the student’s status would be valid until. This approach would force
students to complete their academic objective within the confines of that allotment of time.
The rationale for this laxed approach was that students were already highly vetted abroad (before
obtaining their visas) and to lessen the burden on consular officers abroad and Customs and
Border Patrol at the airport at having to guess what amount of time any given student would need
in order to complete their degree. Duration of Status also allowed for consistency and uniformity
across student visas.
On July 17, 2026, a new proposal eliminating Duration of Status was passed, with effect taking
place on September 15, 2026. This nearly 50-year-old program will be replaced with a fixed
period of admission for all international students not to exceed 4 years. If further time is needed
to complete their academic objective, they will need to request an extension of status to the
government with a fee and compelling documentation showing the need for additional time. The
requests for extensions are currently believed to take anywhere from 6-12 months for
adjudication.
This, coupled with travel bans, visa issuance pauses, practical training pauses, and restrictive
employment regulations, has made it so that international students all across the country are
facing severe and unprecedented hardships. These hardships also extend to those individuals
beginning or contemplating the process of obtaining a visa to study in the United States.
Congress’s rationale for a fixed period of admission is to preserve the integrity of the process and
to revert back some of the responsibilities of maintenance of status to the government versus
educational institutions.
On September 14, 2026, a nationwide injunction was entered by a Federal District Court
postponing the implementation of the new rule. At this time, a date for when the implementation
will take place is unknown, but it is expected that the Department of Homeland Security will
appeal the decision quickly.
Time will inevitably tell which of these systems will be most effective depending on the
objective the government has set out for themselves in these endeavors. What remains to be seen,
no one can know, but what at present one cannot deny is that these changes will undoubtedly
impact the ability for international students to earn an education in a more straightforward and
seamless way (seamless being used very lightly). These changes will impact the level and quality
of work produced by these students, which in turn, will impact U.S. and international industry.
When I sit and think about these things and the energy our nation is exuding right now, it can be
quite disheartening. However, I have always believed that turmoil is fleeting and that in its
aftermath, growth, lessons, and resilience are left. The students will be okay (albeit a bit worse
for the wear), and we will be okay. As President Lyndon B. Johnson once said, “The land
flourished because it was fed from so many sources, because it was nourished by so many
cultures and traditions and peoples.”