DHS ‘Duration of Status’ Proposal Nears Finalization. A proposed U.S. Department of Homeland Security (DHS) / U.S. Immigration and Customs Enforcement (ICE) rulemaking, “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,” took a significant step toward finalization this week. After reviewing the public comments on the proposal for approximately seven months, on May 5, 2026, ICE transmitted a draft final rule to the Office of Information and Regulatory Affairs (OIRA) for review. The OIRA review process can take days or even weeks and is the last step in the regulatory process before a rule is finalized.
The proposal would set a four-year maximum period of stay for students on F-1 and J-1 nonimmigrant visas. In 2020, the first Trump administration proposed a similar rule, but it was later withdrawn by the Biden administration. Larkin Dykstra has additional details.
NLRB GC Reassigns Cases to Address Backlog. According to media reports, the National Labor Relations Board (NLRB) has approximately 17,000 open unfair labor practice cases. To help alleviate this backlog, this week the Board’s general counsel (GC), Crystal Carey, transferred 3,500 unfair labor practice cases from overloaded regional offices to locations with greater capacity to process them in a timely manner. In addition to this week’s action, earlier this year, Carey took steps...
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