A federal district court in Washington, DC issued an injunction late on 28 September that halts a Department of Homeland Security rule which would have forced holders of F-1, J-1 and I visas to leave the United States after a pre-set period unless they obtained formal extensions. Under the blocked rule—published in July—the traditional “duration-of-status” model would have been replaced by admission periods capped at four years (or two years for some nationalities). Brazilian students, exchange visitors and correspondents would have had to petition U.S. Citizenship and Immigration Services, pay additional fees and prove continuing eligibility each time they needed more time in the country. Universities warned that the requirement would trigger a surge in paperwork and jeopardise internships, Optional Practical Training (OPT) and research projects that routinely exceed four years. Judge Marianne G. Smith found that plaintiffs—including several Brazilian postgraduate students—were likely to succeed on claims that DHS failed to justify the abrupt policy shift and ignored tens of thousands of critical comments. The injunction reinstates the duration-of-status regime while litigation proceeds, meaning Brazilians can remain in the U.S. as long as they comply with programme rules and keep their SEVIS records current. Immigration lawyers advise Brazilian nationals already in the United States to: (1) verify that Forms I-20 or DS-2019 are accurate; (2) maintain full-time enrolment or authorised activity; (3) consult Designated School Officials before accepting off-campus work or transferring schools; and (4) travel with evidence of enrolment and financial support. Applicants who have not yet been interviewed should continue preparing normally—embassies and consulates are processing F, J and I visas without additional documentary requirements. For multinational employers, the ruling averts an immediate talent drain and preserves predictable start-dates for rotational programmes that rely on academic visas as a pipeline for U.S. assignments. Human-resources teams should nonetheless monitor the case; DHS could appeal or re-issue a modified rule, and the Department of State will expand social-media screening for I-visa applicants from 1 October.
Source: BRA 1
