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UAW & Other Unions Sue DHS Challenging Visa Rule Affecting International Workers

Catherine Graugard
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Earlier this week, the International UAW and UAW Local 2322 joined other unions in filing a complaint in federal court challenging the Department of Homeland Security’s final rule ending the Duration of Status (D/S) framework for international student workers and others.

The new rule, announced last month and set to take effect on September 15, imposes fixed time limits on study visas, with international student workers required to file with the government for an extension of stay if their studies exceed four years. It also restricts individuals’ ability to change educational objectives, transfer institutions, or pursue additional programs of study.

The complaint argues that the final rule violates the Administrative Procedure Act because DHS failed to adequately assess its costs and benefits, meaningfully respond to public comments, consider less burdensome alternatives, or justify the rule based on its stated objectives.

These changes will create significant uncertainty and administrative burdens for international student workers and the institutions that support them. They will also interfere with academic decision-making, disrupt student workers’ educational and professional plans, and undermine the ability of U.S. colleges and universities to attract and retain global talent.

“International students and scholars shouldn’t have to navigate an immigration system designed to disrupt their education, research, and lives,” said UAW President Shawn Fain. “The UAW is joining this legal action to challenge this discriminatory and short-sighted rule and proudly stands with international workers and scholars fighting for the stability and protections they deserve.”

In the news:

  • Bloomberg Law: Unions, College Groups Challenge Limits on Foreign Students (August 18)
  • The News Guild: Guild joins suit challenging visas affecting foreign journalists and others (August 18)
  • Forbes: University Groups File Immigration Lawsuit To Block Student Rule (August 18)