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Dear Members of The Association of Theological Schools,
As we move deeper into the academic year, I want to share some significant US federal policy developments since my September update. These changes affect many of our member schools and intersect with broader challenges we are hearing from leaders across our community.
We continue to consult higher education legal experts to understand implications and encourage schools to seek their own counsel as they evaluate institutional responses. In this moment, we invite solidarity and shared learning as we navigate these changes together.
International Student Visa Rules
The Department of Homeland Security (DHS) has proposed eliminating the “duration of status” policy for F-1 and J-1 visa holders. Under the proposed rule, students would be admitted for a fixed period of up to four years rather than for the length of their academic programs.
Extensions would require filing with US Citizenship and Immigration Services, and the post-completion grace period would be reduced from 60 to 30 days. This rule is not yet final. The public comment period closed in late October and DHS is reviewing feedback before issuing a final rule. If implemented, these changes could significantly affect graduate theological programs, especially those requiring extended time for completion.
New H-1B Visas for Skilled Employees
An Executive Order from September 19, 2025 and subsequent actions by the US Department of Labor have introduced new requirements for H-1B visas:
The Canadian Context
Canadian member schools face similar challenges as federal caps on international study permits have reduced enrollment and revenue, creating uncertainty for cross-border partnerships. These changes, combined with US visa reforms, may affect Canadian students seeking US education and work experience.
Title IV Eligibility and Institutional Transactions
The Department of Education has announced plans to revise Title IV eligibility regulations to remove requirements that disproportionately affect faith-based and for-profit institutions during mergers, sales, and transfers. The proposed changes aim to streamline processes related to change of ownership, cash management, and financial responsibility standards.
Funding Cuts for Minority-Serving Institutions
On September 10, the Department of Education announced it will end discretionary grant programs for Minority-Serving Institutions (MSIs), citing constitutional concerns over race-based eligibility criteria. Approximately $350 million in FY 2025 discretionary funding will be reallocated, though $132 million in mandatory funds will still be distributed to certain programs. While this decision will have the most significant impact on undergraduate education, our embedded schools may experience additional financial strain.
Federal Student Aid Reforms
On November 14, the US Department of Education (USDE) concluded the Reimagining and Improving Student Education (RISE) negotiated rulemaking process, which addressed reforms under Public Law No: 119-21 (the final reconciliation bill). Negotiators reached consensus on all 17 provisions, and the final rules will go into effect July 1, 2026.
Key highlights:
- Professional Program Definition: The new definition determines eligibility for higher borrowing limits of $50,000 annually and $200,000 aggregate. Programs must lead to licensure, require at least two years beyond a bachelor’s degree, and fall within specific Classification of Instructional Programs (CIP) codes.
- Theological programs designated as CIP 39.06 are included in the professional category, preserving access to higher borrowing limits for some students. However, many other graduate programs remain excluded.
- NAICU summary of student aid rule changes
USDE Reorganization and Accreditation
On November 18, 2025, the USDE announced six interagency agreements to transfer major program areas to other federal agencies. These moves represent a significant step toward the administration’s stated goal of returning education oversight to states and streamlining federal bureaucracy. Higher education accreditation oversight remains under the USDE at this time and there is no official announcement that accreditation oversight will move to another agency or cease. For now, USDE continues to recognize accrediting bodies, and participation in federal aid programs still requires accreditation by a recognized agency.
Accreditation remains a vital mechanism for quality assurance in higher education, recognized by both the USDE and the Council for Higher Education Accreditation (CHEA). ATS accreditation is rooted in standards developed by and for our member schools, ensuring integrity, academic freedom, and institutional mission alignment. Regardless of federal restructuring, our commitment to supporting theological education and promoting excellence across diverse contexts remains steadfast.
Equal Employment Opportunity Commission Update
The Equal Employment Opportunity Commission (EEOC) regained its quorum in October, enabling formal actions such as issuing new guidance and pursuing litigation. The EEOC is expected to strengthen protections for religious accommodations and increase enforcement of religious rights in the workplace. Examples of accommodations receiving closer attention include scheduling, dress and grooming, and religious expression. Recent enforcement actions have involved lawsuits and settlements related to Sabbath observance, vaccine mandates, religious attire, and antisemitism claims.
Shared Challenges and Solidarity
Below are possible actions to consider in light of recent changes:
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International Enrollment and Hiring: Schools may want to prepare for potential changes in visa processing that could affect students in long-duration programs. For institutions hiring international faculty or staff, it’s wise to anticipate possible cost increases and monitor developments closely. Some ATS member schools are implementing support systems for international students and faculty, such as legal assistance and intranet resources addressing safety concerns.
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Institutional Planning: Institutions considering mergers or acquisitions might monitor anticipated regulatory relief while awaiting final rulemaking.
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Equity and Access: Schools serving diverse student populations may evaluate how MSI funding cuts might affect partnerships and student support services.
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Financial Aid Strategy: It may be helpful to check program eligibility under the new professional definition and ensure administrators and students understand borrowing limits for all degree programs.
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USDE Changes: While the latest federal shifts do not affect accreditation, schools may want to stay informed, be alert to new announcements, and consult legal counsel as needed.
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Religious Accommodation Compliance: Schools may want to review workplace policies on scheduling, dress, and religious expression.
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Collective Engagement: ATS member schools can rely on one another to share strategies, resources, and practical insights as policies evolve. We encourage schools to use ATS online discussion communities in Engage ATS, webinars, and peer networks to exchange experiences and collaborate on solutions that uphold institutional missions while navigating regulatory changes.
ATS remains committed to fostering dialogue, sharing best practices, and providing trend analysis to support your work. My team and I will continue delivering timely updates and practical guidance as these policies evolve. If you have questions or need further clarity, please feel free to reach out to me directly.
Grace and peace,
Frank M. Yamada
Executive Director
The Association of Theological Schools
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