Category: immigration

  • New UK government video targets international students

    New UK government video targets international students

    Secretary of state for education, Bridget Phillipson, addressed students considering studying abroad, highlighting the benefits of a UK education and promoting the country’s post-study work opportunities.

    “In the new academic year, we will welcome thousands of international students who will be starting courses in our universities and I hope to see many more in the future,” Phillipson said in the video shared by the UK Council for International Student Affairs (UKCISA).

    “The UK is a wonderful and safe place to study. Our country is home to some of the very best universities in the world – four of the world’s top 10 can be found right here in the UK.

    “An education from a British university has been the springboard for success for so many global trailblazers, from politics to business, from the arts to the sciences, in fact dozens of current and recent world leaders studied here in the UK and our universities have driven some of the most exciting and valuable research anywhere in the world.

    “You could be part of the next groundbreaking wave of research and join a new generation of inspiring leaders,” she told prospective students.

    Phillipson went on to describe some of the ways in which UK universities support their international students through pastoral support, work experience, scholarships and bursaries.

    “You’ll also get have the chance to join Alumni UK – a global group of people from around the world who have studied here. It’s a fantastic professional network that you can tap into to get great advice and guidance.”

    Phillipson went on to promote the UK’s Graduate Route, describing the opportunity which lets graduates “work, live and contribute” in the UK.

    International students forge international friendships so by studying abroad, you can help build bridges between our countries, and these connections help make the world a better, brighter place.

    Bridget Phillipson, UK secretary of state for education

    “Studying in the UK sets you up for success in your career, but it’s more than that. International students forge international friendships so by studying abroad, you can help build bridges between our countries, and these connections help make the world a better, brighter place.”

    Phillipson previously addressed international students in a video not long after stepping into the role in July 2024.

    On the release of the latest video, Anne Marie Graham, UKCISA chief executive, said she was “encouraged” to see the continuing messages of welcome and support from the UK’s education secretary.

    “Current and prospective students will also welcome the secretary of state’s ongoing support for the graduate visa and her reflections on the mutual benefits of a UK education – not just the contributions that international students make to the UK, but the positive impact on their own careers and ambitions,” she told The PIE.

    “We look forward to continuing to work with the UK government to ensure international students are welcomed and supported, from pre-arrival visas to post-graduation work opportunities, so that all international students have a positive experience studying here.”

    Pedram Bani Asadi, chair of the UKCISA’s Student Advisory Group commented: “I welcome the support from this government for international students’ hopes and dreams, and recognition of all the contributions we make to both UK culture and the economy.

    “Having access to the Graduate Route has been absolutely essential for me to be able to reinforce the skills I learnt in my studies and contribute to the UK. I appreciate all the friends and experiences I’ve had here and look forward to continuing my role as a #WeAreInternational student ambassador, and working with the UK government to support my fellow international students to have a positive experience.”

    Since Labour took came into power, sector stakeholders have noted the government’s more welcoming tone toward international students, a marked contrast to the rhetoric of the previous Conservative government.

    Despite a change in rhetoric, the Labour government has shown no intention of reversing the Conservative’s decision to ban international students on UK taught master’s courses from bringing dependants with them to the UK.

    “While the new government has said many positive things about international students, the focus on immigration remains acute,” said Jamie Arrowsmith, director of Universities UK International in an update to sector earlier this month.

    The UK’s international educations strategy is currently under review, and the rollout of the new approach is set for April.

    Sector leaders gathered at the QS Reimagine Education summit in London late last year to discuss priorities for the UK’s international education sector going forward, giving suggestions for a refreshed strategy, which included improved post-study work rights.

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  • DHS Issues Final H-1B Modernization Rule

    DHS Issues Final H-1B Modernization Rule

    by CUPA-HR | December 18, 2024

    On December 18, the Department of Homeland Security (DHS) published a final rule to modernize the H-1B visa program, finalizing changes first proposed in October 2023. The rule will take effect on January 17, 2025, introducing significant updates aimed at clarifying the requirements of the H-1B program and improving program efficiency, providing greater benefits and flexibility for petitioners and beneficiaries, and strengthening program integrity measures.

    The final rule responds to comments from a variety of stakeholders, including concerns raised by CUPA-HR and others in a multi-sector joint comment letter signed by 74 organizations and a higher education-focused letter led by the American Council on Education (ACE). Both letters advocated for changes to the definition of a “specialty occupation” and other key areas to ensure the regulations better align with workforce needs. The final rule incorporates feedback from stakeholders and aims to provide clarity while maintaining program integrity.

    Below are highlights of some noteworthy provisions in the final rule and next steps.

    Revised Definition and Criteria for H-1B Specialty Occupations

    The final rule modifies the definition of an H-1B specialty occupation in response to public comments, including those CUPA-HR signed onto in a multi-sector joint comment letter and a higher education-focused letter. DHS clarified that a degree or its equivalent must be “directly related” to the duties of the position, with “directly related” defined as having a logical connection between the degree and the job duties. This change addresses concerns raised in comments that the proposed language could have been misinterpreted to require adjudicators to focus solely on a beneficiary’s specialized studies.

    The rule also permits a range of qualifying degree fields, provided that each field is directly related to the position’s duties. Additionally, DHS removed references to specific degree titles such as “business administration” and “liberal arts” to avoid undue reliance on degree titles. This recognizes that degree titles can vary between institutions and evolve over time, emphasizing the relevance of the degree’s content rather than its name. These changes align with the requests made in the joint comment letter, ensuring that the definition of a specialty occupation is practical and reflective of modern workforce realities.

    Codification of the Deference Policy

    The final rule codifies DHS’s current deference policy, providing greater clarity on how U.S. Citizenship and Immigration Services (USCIS) adjudicators should approach petitions involving the same parties and underlying facts. Under the codified policy, adjudicators are generally required to defer to a prior USCIS determination of eligibility when adjudicating a subsequent Form I-129, Petition for Nonimmigrant Worker. However, deference will not apply if a material error in the prior approval is discovered, or if new material information or a material change impacts the petitioner’s or beneficiary’s eligibility.

    Elimination of the Itinerary Requirement

    The final rule eliminates the itinerary requirement, which previously required petitioners to provide an itinerary detailing the dates and locations of services or training when filing Form I-129. This change addresses concerns that the requirement was largely duplicative of other information already provided in the petition. Eliminating this requirement simplifies the filing process, reducing administrative burdens for petitioners. The change is particularly beneficial for individuals in roles such as medical residencies under H-1B, where work may occur at multiple sites, as it removes unnecessary procedural hurdles without impacting USCIS’s ability to assess eligibility.

    Expanded H-1B Cap Exemptions for Nonprofit and Governmental Research Organizations

    The final rule modestly broadens the scope of H-1B cap exemptions for nonprofit and governmental research organizations, as well as nonprofits affiliated with institutions of higher education. The revised definitions recognize that qualifying organizations may have multiple fundamental activities or missions beyond just research or education. Under the updated regulations, organizations can qualify for a cap exemption if research or education is one of their fundamental activities, even if it is not their primary activity or mission. These changes better align the cap exemption criteria with the diverse roles and structures of modern nonprofit and governmental entities.

    Enhanced Cap-Gap Protections for F-1 Students

    The final rule extends cap-gap protections for F-1 students transitioning to H-1B status. Under the new provision, F-1 students who are beneficiaries of timely filed, nonfrivolous H-1B petitions will receive an automatic extension of their F-1 status and employment authorization through April 1 of the following calendar year. This extension provides up to six additional months of status and work authorization, reducing the risk of lapses in lawful status or employment eligibility while awaiting approval of the change to H-1B status.

    Codification of Site Visit Authority

    The final rule codifies and strengthens the USCIS site visit program, which is administered by the Fraud Detection and National Security (FDNS) unit. DHS clarifies that refusal to comply with a site visit may result in the denial or revocation of a petition. Additionally, the rule explicitly authorizes DHS to conduct site visits at various locations connected to the H-1B employment, including the primary worksite, third-party worksites, and any other locations where the employee works, has worked, or will work. This provision formalizes long-standing practices and enhances USCIS’s ability to monitor compliance with H-1B program requirements.

    Next Steps

    The rule takes effect on January 17, 2025, just days before the next presidential inauguration. While it is unclear if the incoming Trump administration will seek to modify or withdraw the regulation, the codification of key provisions, such as the deference policy, makes them more difficult to rescind without formal rulemaking.

    Employers should also prepare for the required use of a new edition of Form I-129, Petition for a Nonimmigrant Worker, on the rule’s effective date. Because there will be no grace period for accepting prior editions of the form, employers should review the preview version, which will be published soon on uscis.gov, to prepare for the transition.



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