AAU joined NAFSA, AILA, and more than 100 other organizations in submitting a letter to the Department of Homeland Security requesting an extension of "the public comment period for Proposed Rule on Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media from 30 days to a minimum of 60 days."
Dear Secretary Noem:
We, the more than 100 undersigned businesses, educational institutions, law firms, media organizations and non-profit and trade organizations, write to respectfully request that the U.S. Department of Homeland Security (DHS) extend the public comment period for Proposed Rule on Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media1 from 30 days to a minimum of 60 days. We make this request due to the wide and varied impact of the 160-page rule, so that the public may have a meaningful opportunity to comment on the significant proposed regulatory changes, economic impact, and burden on those affected by the proposed changes.
We respectfully request at least a 30-day extension of the public comment period, currently scheduled to close on September 29, 2025. This request is made pursuant to the Administrative Procedure Act and Executive Order 12866, which states that agencies should provide at least 60 days for public comment on significant regulatory actions. DHS acknowledges that this proposed rule is a “significant regulatory action” that is “economically significant” under section 3(f)(1) of Executive Order 12866.”2 A rule is considered to be a “significant regulatory action” because among other reasons, the rule will affect the economy in a material way or raise novel legal or policy issues. As noted in the NPRM, more than 2.2 million individuals were admitted in F-, I-, and J- nonimmigrant status in 2023. Not only does the rule impact these millions of individuals, but it also has a significant economic impact on the higher education institutions at which they are enrolled, the exchange programs which host them, the employers for whom they work, and the local economies that they support. Therefore, the proposed rule’s impact necessitates that the public should be afforded not less than 60 days to provide meaningful comment on the proposed regulatory changes.
Furthermore, we ask that the comment period be extended to at least 60 days because the proposed regulatory changes are technically complex, highly controversial (as of September 4, 2025, more than 3,000 comments have already been submitted), and will affect a wide range of stakeholders. DHS acknowledges that the proposed regulations are technically complex and controversial, as evidenced by the inclusion of a severability clause in the proposed rule, which indicates that DHS anticipates that the legality of the proposed rule or portions of it may be challenged in court.3 Thus, given that the proposed rule is a significant regulatory action with substantial economic impact that is technically complex and controversial, there is no reason to limit the public comment period to less than the mandated 60-day timeframe outlined in EO 12866.
Finally, the public had little advance notice of the government’s intention to regulate in this space. The Regulatory Flexibility Act requires that agencies publish semiannual regulatory agendas in the Federal Register describing planned regulatory actions that may have a significant economic impact on a substantial number of small entities.4 However, this rule never appeared on the Unified Agenda until September 4, 2025 (the Spring 2025 Unified Agenda), one week after it had been published. Moreover, while the rule was pending review with the Office of Information and Regulatory Affairs, the public dashboard had significant errors and included warnings that it should not be relied upon.
We request this extension of the comment period to allow our organizations, the many colleges and universities, and the public adequate time to review the proposed changes and provide meaningful feedback. A minimum 60-day comment period would allow more stakeholders to carefully examine the NPRM, providing the DHS with essential information and data to consider the scope of related issues, assess unintended consequences, and prevent potential waste of resources. Extending the comment period would enhance the quality of public input and support the agency’s commitment to transparency, informed decision-making, and regulatory fairness.
We appreciate your consideration of this request and look forward to contributing meaningfully to the rulemaking process.
Sincerely,
Businesses
Au Pair International
Camp America
CCUSA
Gold Advisory
Global Educational Concepts
HPE
LewerMark Student Insurance
Spirit Cultural Exchange
Teacher Lounge
Educational Institutions
ALPS Language School
Applewild School
Blair Academy
Campus Education
Concordia University, St. Paul
Darlington School
Emma Willard School
Face to Face Learning
Georgetown Preparatory School
Hope International University
LifeTRAVELED
Massachusetts Institutes of Technology
Minneapolis Community and Technical College
New England Conservatory
Northfield Mount Hermon
Pomfret School
Riverstone International School
Saint Martin’s University
Santa Monica College
St. Mark's School
St. Mary’s School of Medford
Thomas Jefferson School
Towson University
University of Findlay
Western Reserve Academy
Wisconsin ESL Institute
Woodberry Forest School
Law Firms/Legal Representatives
Berardi Immigration Law
Bramante Law LLC
Chavarro Law Firm
Chenhalls Nissen, S.C.
Chugh
Conklin Immigration Law LLC
Fariba Faiz Law Offices
Feldman Feldman & Associates, PC
French Legal, PLLC
Hake & Schmitt
Hoang Lam
Immigration Attorneys, LLP
Iandoli Desai & Cronin, P.C.
Jacob Ratzan
Kodem Law Firm
Lahoud Law Group, P.C.
Law Office of Angelique Montano PLLC
Law Office of Edwin R. Rubin
Law Office of Eileen Morrison
Lindsay Fullerton
Masuda, Funai, Eifert & Mitchell, Ltd.
Reddy Neumann Brown PC
Rees Immigration LLC
Salvador Global
Taft Law
Trow & Rahal, P.C.
The Navarre Law Firm LLC
Waypoint Immigration USA
YZ Law Group
Zhang Feuerbacher Visa & Immigration, Inc
Zollinger Immigration, A Law Corporation
Media Organizations
Caracol TV
The Minichi Newspaper
Kyodo News
Non-Profit/TradeOrganizations
AuPairCare
Alliance for International Exchange
American Association of Collegiate Registrars and Admissions Officers
American Association of Directors of Psychiatric Residency Training
American Council on Education
American Immigration Council
American Immigration Lawyers Association
American Physical Society
Association of American Medical Colleges (AAMC)
Association of American Universities
College and University Professional Association for Human Resources
Compete America
Council of Graduate Schools
Cultural Exchange Network (Cenet)
EnglishUSA
Fulbright Association
Houston Immigration Legal Services Collaborative
Information Technology Industry Council
Institute for Progress Institute of Global Exchange, Inc.
International Student Exchange
Meridian International Center
NAFSA: Association of International Educators
National Association of Independent Colleges and Universities
Niskanen Center
One To World, Inc.
Presidents’ Alliance on Higher Education and Immigration
Student Clinic for Immigrant Justice, Inc.
Teachers Council
The Association of Boarding Schools
The International Medical Graduate (IMG) Taskforce
United States Chamber of Commerce
Yale New Haven Hospital
1 90 Fed. Reg. 42070 (Aug. 28, 2025).
2 Id. at 42100.
3 Id. at 42072.
4 U.S.C. 602.