The U.S. Department of Homeland Security (DHS) released a proposed rule on October 7, 2026, that would require Student and Exchange Visitor Program-certified schools to pay $70,000 before first recommending an F-1 student for optional practical training (OPT), and $30,000 before a subsequent OPT recommendation after...
International travel can present challenges for foreign nationals whose visa stamps have expired, even when they remain in valid nonimmigrant status in the United States. In limited circumstances, however, automatic visa revalidation (AVR) may allow certain travelers to seek readmission to the United States without...
The U.S. Court of Appeals for the Eleventh Circuit recently issued an important decision addressing ineffective-assistance-of-counsel claims in immigration proceedings. In Pasqual-Andres v. U.S. Attorney General decided on August 4, 2026, the court held that a complaint filed with the Executive Office for Immigration Review (EOIR)...
Answer Any arrest, charge, or conviction can complicate a nonimmigrant visa application, although a criminal record does not automatically make every applicant inadmissible. The result depends on the offense, criminal statute, disposition, sentence, and other facts. If a criminal ground of inadmissibility applies, the applicant may...
A federal district court in Massachusetts has postponed the effective date of the Department of Homeland Security (DHS) final rule that would eliminate the duration-of-status (D/S) framework for F-1 students, J-1 exchange visitors, and certain I nonimmigrants. The rule, titled “Establishing a Fixed Time Period...
Answer If the new rule takes effect as scheduled, an F-1 student who departs the United States after September 15, 2026, generally may be readmitted under the new fixed-period-of-admission framework. If admitted, the student may receive an I-94 with a specific admit-until date rather than D/S....
The new final rule effective 15.Sep.2026 for F-1 students, including fixed admission on the I-94 record and 30-day grace period, is discussed by Murthy Law Firm attorneys in the September 2026 podcast.The MP3 is available here and soon can be found in the archive of...
Answer Generally, no. Under the new rule's transition provisions, an F-1 student who is maintaining valid duration-of-status admission when the rule takes effect on September 15, 2026, ordinarily will not automatically receive a new date-specific I-94 on that date. However, this transition protection will be limited....
Answer Under the new rule, an F-1 student who needs additional time generally may request an extension of stay from the U.S. Citizenship and Immigration Services (USCIS). This may require a Form I-20 issued or endorsed by the designated school official, a timely extension application, the...
Answer No. Under the new F-1 fixed-period-of-admission rule scheduled to take effect on September 15, 2026, the Form I-20 and the I-94 will serve different purposes. An F-1 student admitted under the new rule will need to maintain a valid Form I-20 and comply with all...
