Regulations Clear OMB, Await Final Publication
Two final rules governing international students and the new higher education accountability metrics have cleared the final administrative steps at the Office of Management and Budget (OMB) prior to their final publication and implementation.
Regarding international students, the Department of Homeland Security’s Duration of Status proposal has cleared final inspection at OMB’s Office of Information and Regulatory Affairs (OIRA) and should be published in the Federal Register shortly. Additionally, the new program-level accountability metrics (also known as Do No Harm or Gainful Employment for All) as part of the Accountability in Higher Education and Access through Demand-driven Workforce Pell negotiated rulemaking process have also passed OIRA review and could be published any day in advance of a July 1, 2026 implementation date.
Duration of Status
The draft Duration of Status proposal released last summer proposed to eliminate the current open-ended international student visa timeframe that lasts for the duration of the student’s educational program to a fixed amount of time of four years plus 30 days. NAICU joined others in the higher education community in submitting comments to DHS citing the many reasons such a limit would be both unfair and unworkable for students, particularly those enrolled in graduate and medical programs. It is unclear how closely the final rule will align with last year’s draft proposal.
Do No Harm
The Do No Harm proposal will implement an earnings test to determine the eligibility for academic programs to participate in the Federal Student Aid programs. Based purely on student earnings, there is considerable concern that the policy will disproportionately impact mission-based programs and institutions. The Do No Harm provisions were included in the One Big Beautiful Act signed into law in July 2025.
For more information, please contact:
Karin Johns