Category: immigration

UK has “no plans” for EU Youth Mobility Scheme, despite reports

A report in The Times had suggested that the UK is set to table a deal for a reciprocal scheme that will see young EU citizens, aged 18-30, able to live and work in the UK for up to three years.

However, the government has since insisted it has no plans for such a scheme.

“We do not have plans for a youth mobility agreement,” a spokesperson told The PIE News on February 21.

“We are committed to resetting the relationship with the EU to improve the British people’s security, safety and prosperity. We will of course listen to sensible proposals. But we have been clear there will be no return to freedom of movement, the customs union or the single market.”

The Labour government has previously dismissed proposals for such a scheme, but recent reports had suggested new plans could contain a cap on the number of young people allowed into the UK through the scheme and could therefore alleviate concerns from UK government as it seeks to curb migration.

The UK government has previously made it clear its preference to do deals with individual member states, but subsequently rejected deals proposed by countries such as Spain.

The UK already has a Youth Mobility Scheme with a number of countries including Australia, New Zealand, Japan and Canada that allow individuals to study and work in the country for up to two years, with the possibility of extensions for some countries.

The membership body for English language schools in the UK, English UK, has been campaigning for an EU Youth Mobility Scheme since Brexit.

“We welcome reports that the government plans to negotiate a youth mobility deal with the EU,” Huan Japes, membership director, English UK, told The PIE.

“For young people in Europe and the UK to have the opportunity to live, work and study in each others’ countries will have immense benefits – not only for the young people themselves but also for language teaching centres and other educational organisations, the hospitality industry and for the UK’s future relations with the EU.”

“And this kind of time-limited, mutually beneficial immigration has broad support from the British public,” said Japes, who added that he would like to see a scheme with “a generous allocation of places so that this scheme can really make a difference to young people’s lives.”

According to advocacy group European Movement UK, mobility for young people could be a gateway to much closer ties with neighbouring European countries.

European Movement UK CEO, Nick Harvey, said the government’s hostility to the idea “could not be justified” when the benefits of such a scheme are so obvious.

“After all, the UK has youth mobility schemes with 13 other countries – including Australia and Japan – so it makes sense to have one with our nearest neighbours and closest partners,” said Harvey.

“Dismissing the idea of reciprocal youth mobility simply meant letting down British young people who face all sorts of economic difficulties, and have seen their horizons curtailed by Brexit. Young people want and deserve the chance to study or work in Europe. The government owes it to them to make sure they get that chance.”

We need to start pulling this country out of the no-growth quagmire of Brexit and start giving people hope for a better, brighter future
^{_{Mike Galsworthy, chair of European Movement UK}}

Similarly, Mike Galsworthy, chair of European Movement UK, is calling for a deal to be made.

“We need to start pulling this country out of the no-growth quagmire of Brexit and start giving people hope for a better, brighter future,” he said.

“Liberating our youth and small businesses alike to engage is an important start. Hopefully the government will now see that being bold, hopeful and engaged with Europe brings a sigh of relief from the public and a more positive outlook for the UK.”

Writing in her column for The PIE last week, outgoing London Higher CEO Diana Beech mused on a refreshed relationship for the UK and the EU and what it might mean for the sector.

“The process of resetting the UK-EU relationship by the spring is one to watch for the UK’s higher education sector,” she wrote.

“This is because, while the EU has the power to ease restrictions on UK businesses to improve British trade prospects, the UK also has something that many in the EU want in return: namely the power to reinstate a youth mobility scheme between the UK and the EU.

“At its most ambitious, such a scheme could allow young people from the UK and Europe the freedom to travel across countries to study and work as was the norm before Brexit.

“A curtailed version could at least see mobility enacted for shorter, time-limited placements. Either way, UK universities could find themselves becoming an important bargaining chip in any future renegotiations,” wrote Beech.

Beech considered that previously, the UK higher education sector would have “been first to welcome” the return of a Youth Mobility Scheme such as Erasmus+. But financial woes facing the sector are “likely to dampen university managers’ enthusiasm” for such measures, considering EU students would once again be regarded as ‘home’ students, thereby capping the fees they pay.

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February 24, 2025

US Congress urged to crack down on student overstays

Over 7,000 of these student and exchange visitors that overstayed their visas came from India, house representatives heard in a committee hearing on immigration enforcement in the US on January 22.

“Thirty-two countries have student/exchange visitor overstay rates of higher than 20%,” Jessica Vaughan, director of policy studies at the anti-immigration think-tank, the Center for Immigration Studies, told the committee.

However, sector leaders have argued that Vaughan’s testimony contained “some serious and inaccurate generalisations” and relied on “faulty statistics for her claim about the student visa overstay rate,” according to NAFSA‘s director of immigration policy, Heather Stewart.

“International students are the most tracked non-immigrants in the US and a clear and comprehensive understanding of student visa misuse is needed if the field is to arrive at effective and appropriate solutions,” said Stewart.

After India, Vaughan highlighted China, Colombia and Brazil as each having more than 2,000 of their citizens overstay student/exchange visas in 2023, urging Congress to eliminate OPT and impose penalties for institutional sponsors, among a host of regulations.

“The F and M visa categories have [the] highest overstay rates of any of the broad categories of temporary admission,” Vaughan told committee members, with F visas used for academic study and M visas for vocational study.

According to recent DHS figures, the total overstay rate for student and exchange visitors in 2023 was 3.67% with a suspected in-country overstay rate of 2.86%, dropping slightly to 2.69% solely for F-1 students, with all metrics excluding Mexico and Canada.

Countries with highest student/exchange overstay rates by numbers (2023):

Country	Suspected in-country overstays	Total overstays	Total overstay rate
India	5,818	7,081	4.67%
China	3,012	5,255	2.1%
Colombia	2,792	3,223	8.29%
Brazil	1,692	2,198	4.6%

Source: US Homeland Security Entry/Exit Overstay Report FY 2023

While India, China, Colombia and Brazil recorded the largest numbers of student overstays in 2023, their overstay rate as a percentage of overall student populations in the US were relatively low.

It is perhaps unsurprising that India and China, whose combined student populations made up 54% of total international enrolments at US institutions in 2023/24, also saw the highest levels of visa overstays.

Country	Total overstay rate
Equatorial Guinea	70.18%
Chad	55.64%
Eritrea	55.43%
Congo (Kinshasa)	50.06%
Djibouti	43.75%
Burma	42.17%
Yemen	40.92%
Sierra Leone	35.83%
Congo (Brazzaville)	35.14%
Togo	35.05%
Global (excl. Mexico + Canada)	3.67%

Source: US Homeland Security Entry/Exit Overstay Report FY 2023

Notably, the ‘in-country overstay rate’ refers to the percentage of individuals suspected to still be physically present in the US after their visa expired, while the ‘total overstay rate’ includes both those still in the country and those who may have eventually left after overstaying their visa, but were not recorded as departing.

Sector members have raised concerns about the “troubling” scale of the problem uncovered by the report, ranging from benign violations of legitimate students to “cases of wilful fraud”, said Eddie West and Anna Esaki-Smith, two leading US educators.

NAFSA, however, has disputed the figures as “unreliable”, claiming that the report “overstates” the issue and urged stakeholders to take caution when taking the figures out of context.

Indeed, DHS concedes that “infrastructural, operational and logistical challenges” in the exit environment make it difficult to identify students who do not depart via air or who transition from F-1 status to H-1B, legal permanent residency and other statuses.

What’s more, DHS data revealed a 42% decline in the suspected overstay rate for student and exchange visitors across a 15-month period ending in January 2024, indicating a lag time for the system to register students’ changing situations.

“Not only do visa issuance policies need to be adjusted and interior enforcement boosted, in addition Congress should amend the law in several important ways,” Vaughan told the hearing.

In a statement raising some concern about Vaughan’s testimony, she recommended that “the concept of dual intent should not apply to student visa applicants”.

Under current law, it does not.

While the Optional Practical Training (OPT) program has been widely proven to benefit American workers as well as international graduates, Vaughan blamed the initiative for spawning “an industry of diploma mills and fake schools”, calling for it to be eliminated or “much, much more closely regulated”.

Vaughan also recommended stricter regulations on H1-B specialty occupation visas, a move which Stewart warned would “immediately” make the US look less attractive to international students who “strongly consider” post-study employment opportunities when deciding where to study abroad.

During Donald Trump’s presidential campaign, he surprised some of the sector.

The second-time US president spoke out in support of the H1-B visa during his presidential campaign amid a row about the work pathway among prominent Republicans.

The US is the only one out of the ‘Big Four’ study destinations – US, UK, Australia and Canada – to publish data on international student overstay rates.

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February 7, 2025

Trump vows to revoke student visas of pro-Palestine protesters

A fact sheet on the order pledged to take “forceful and unprecedented steps” to “combat the explosion of antisemitism on our campuses and in our streets” since Hamas’s attack on Israel on October 7, 2023.

“To all the resident aliens who joined in the pro-jihadist protests, we put you on notice: come 2025, we will find you, and we will deport you,” the fact sheet said.

Its direct order to “quickly cancel the student visas of all Hamas sympathisers on college campuses” has sparked fear among international students who participated in the pro-Palestine protests that swept US college campuses last year.

The Council on American-Islamic Relations (CAIR) called the order a “dishonest, overbroad and unenforceable attack on both free speech and the humanity of Palestinians”.

“Free speech is a cornerstone of our Constitution that no president can wipe away with an executive order,” it said, adding that the protests had been “overwhelmingly peaceful”.

To all the resident aliens who joined in the pro-jihadist protests, we put you on notice: come 2025, we will find you, and we will deport you

Trump Administration

The order pledges immediate action, “using all available and appropriate legal tools, to prosecute, remove, or otherwise hold to account the perpetrators of unlawful antisemitic harassment and violence”.

Its third section sets out specific measures to “combat campus antisemitism”, requiring agency leaders to recommend to the White House within 60 days all civil and criminal powers that can be used to combat antisemitism.

It requires attorney generals to submit a full analysis of court cases involving K-12 schools, colleges and universities and alleged civil rights violations associated with pro-Palestinian protests. If warranted, such reports could lead to the removal of “alien students and staff”.

While US institutions are required to report to immigration services any information deemed relevant to student visa determinations, federal efforts to impose an obligation to investigate and report on students are unprecedented and would raise serious legal questions, according to O’Melveny law practice.

The measures have alarmed many students and faculty on colleges campuses, but experts have said that the directive would likely draw legal challenges for violating free speech rights protected by the Constitution.

The American Jewish Committee (AJC) issued a statement welcoming the Trump Administration’s commitment to “combatting antisemitism vigorously”.

Student visa holders “who have been found to provide material support or resources to designated terror organisations – as defined by the Supreme Court and distinguished from the exercise of free speech – are clearly in violation of the law and are therefore unworthy of the privilege of being in this country,” said AJC.

However, many pro-Palestinian protesters denied supporting Hamas, saying that they were demonstrating against Israel’s assault on Gaza, which has killed more than 47,000, according to health authorities.

In a letter representing students from the University of California’s 10 campuses, students argued that the order inaccurately conflated “pro-Palestine advocacy with antisemitism” and set a “scary precedent of censorship for the student community”.

The threat of visas being revoked and students being removed was heightened after legislation was passed earlier this month allowing immigration officers to carry out raids in “sensitive locations” including churches, schools and college campuses that were formerly protected.

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January 31, 2025
Colombia, first nationals deported under the Donald Trump administration arrived (TeleSur English)

The first flights carrying migrants deported from the United States to Colombia. The Colombian government confirmed on Tuesday that two planes
carrying migrants had landed. Some were reportedly shackled. A total of 201 migrants: 110 sent from
California and 90 from Texas were on board. Among the deportees were two pregnant women and more than 20 children. The cost to US taxpayers is estimated to be $100,000 to $700,000 per flight. The long-term costs and consequences of this program with Latin America, like many others over the last century, have not been estimated.

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January 30, 2025
Scotland eyes new graduate visa for international students

Speaking at an event in Glasgow this week, John Swinney blasted the UK’s “disastrous” decision to leave the European Union, but suggested a new migration route specifically for students who choose to study in Scotland.

“Twenty years ago, the Scottish and UK governments worked together to launch a tailored migration route designed to enable international students to stay in Scotland after they graduated,” he said. “I see no reason why this cannot happen again.”

Under the plans, designed to keep highly skilled graduates in the country, the Scottish Graduate Visa would be linked to a Scottish tax code and be issued on the understanding that recipients would live and work in Scotland.

But despite Swinney’s assurances that he was “ready to work with” Downing Street on making the proposal a reality, his idea already appears to have been rebuffed by the UK government.

A government spokesperson quoted by The Evening Standard indicated that there were “no plans” for a new Scottish visa, citing the UK’s Graduate Route already in place that allows international students to stay in the country for up to two years after they graduate.

In his speech, Swinney said a new Scottish Graduate Visa would benefit not only the country’s institutions but its economy after international students’ graduation, highlighting that this group contributes £4.75 billion a year.

“In small but important ways, it would make our economy more robust, and our public services more sustainable. It would play a part in making our communities more prosperous,” he said.

In small but important ways, it would make our economy more robust, and our public services more sustainable
_{^{John Swinney, Scottish first minister}}

Pointing out that Scotland’s projected population is expected to dip for the next two generations, Universities Scotland convener Paul Grice highlighted the benefits a Scottish Graduate Visa could bring the country and said he hoped the proposal would “progress in a meaningful way”.

“It would be enormously helpful if a policy space could be created between governments to consider greater regional variation of migration within an overall UK framework,” he said.

“Inward migration will be essential to Scotland’s future and there is a really positive opportunity for Scotland’s universities, as magnets for the attraction and retention of highly-skilled people, to help deliver this as a win-win for the sector and Scotland as a whole. There is a lot to like in this outline proposal.”

Although it does not appear to welcome the idea of a Scottish Graduate Visa for the time being, the UK government seems to be embracing international students.

This week, education secretary Bridget Phillipson recorded a video message to international students in the UK promoting the country’s post-graduation work opportunities.

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January 24, 2025
Canadian study permit approvals fall far below cap targets

Canadian study permit approvals are on track to fall by 45% in 2024, rather than the 35% planned reduction of last year’s controversial international student caps, new IRCC data analysed by ApplyBoard has revealed.

“The caps’ impact was significantly underestimated,” ApplyBoard founder Meti Basiri told The PIE News. “Rapidly introduced policy changes created confusion and had an immense impact on student sentiment and institutional operations.

“While aiming to manage student numbers, these changes failed to account for the perspectives of students, and their importance to Canada’s future economy and communities,” he continued.

The report reveals the far-reaching impact of Canada’s study permit caps, which were announced in January 2024 and followed by a tumultuous year of policy changes that expanded restrictions and set new rules for post-graduate work permit eligibility, among other changes.

For the first 10 months of 2024, Canada’s study permit approval rate hovered just above 50%, resulting in an estimated maximum of 280,000 approvals from K-12 to postgraduate levels. This represents the lowest number of approvals in a non-pandemic year since 2019.

Source: IRCC. Disclaimer: Data for 2021-Oct 2024 is sourced from IRCC. Full-year 2024 figures are estimates extrapolated from Jan-Oct 2024 and full-year 2021-2023 IRCC data. Projections may be subject to change based on changing conditions and source data.

“Even from the early days of the caps, decreased student interest outpaced government estimates,” noted the report, with stakeholders highlighting the reputational damage to Canada as a study destination.

“Approvals for capped programs fell by 60%, but even cap-exempt programs declined by 27%. Major source countries like India, Nigeria, and Nepal saw over 50% declines, showing how policies have disrupted demand across all study levels,” said Basiri.

Following major PGWP and study permit changes announced by the IRCC in September 2024, four out of five international student counsellors surveyed by ApplyBoard agreed that Canada’s caps had made it a less desirable study destination.

Though stakeholders across Canada recognised the need to address fraud and student housing issues, many had urged the federal government to wait until the impact of the initial caps was clear before going ahead with seemingly endless policy changes.

At the CBIE conference in November 2024, immigration minister Marc Miller said he “profoundly disagreed” with the prevailing sector view that the caps and subsequent PGWP and permanent residency restrictions had been an “overcorrection”.

Post-secondary programs, which were the primary focus of the 2024 caps, were hit hardest by the restrictions, with new international enrolments at colleges estimated to have dropped by 60% as a result of the policies.

While Canada’s largest source destinations saw major declines, the caps were not felt evenly across sending countries. Senegal, Guinea and Vietnam maintained year-over-year growth, signalling potential sources of diversity for Canada’s cap era.

The report also highlighted Ghana’s potential as a source destination, where approval ratings – though declining from last year – remain 175% higher than figures from 2022.

Rapidly introduced policy changes created confusion and had an immense impact on student sentiment

Meti Basiri, ApplyBoard

The significant drop in study permit approvals was felt across all provinces, but Ontario – which accounted for over half of all study permit approvals in 2023 – and Nova Scotia have seen the largest impact, falling by 55% and 54.5% respectively.

Notably, the number of study permits processed by the IRCC dropped by a projected 35% in 2024, in line with the government’s targets, but approval rates have not kept pace.

When setting last year’s targets, minister Miller only had the power to limit the number of applications processed by the IRCC, not the number of study permits that are approved.

The initial target of 360,000 approved study permits was based on an estimated approval rate of 60%, resulting in a 605,000 cap on the number of applications processed.

Following new policies such as the inclusion of postgraduate programs in the 2025 cap, Basiri said he anticipated that study permit approvals would remain below pre-cap levels.

“While overall student numbers may align with IRCC’s targets, the broader impact on institutional readiness and Canada’s reputation will be key areas to watch in 2025,” he added.

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January 24, 2025
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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January 20, 2025
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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December 18, 2024
DHS Announces First Phase of Final H-1B Modernization Rule – CUPA-HR
by CUPA-HR | February 1, 2024

On January 30, 2024, the Department of Homeland Security (DHS) announced a final rule to implement a new beneficiary-centric selection process for H-1B registrations. This rule, which also introduces start date flexibility for certain H-1B cap-subject petitions and additional integrity measures, is scheduled for publication in the Federal Register on February 2, 2024, and will become effective 30 days later.

The rule does not finalize all the provisions in the H-1B Modernization Proposal from last October. Notably absent are changes to the definitions of H-1B specialty occupation, policies of deference to prior adjudications, and modifications to cap-gap protection, among others. DHS has indicated plans to publish a separate final rule to address these remaining aspects from October’s proposed rule.

Summary of Key Changes

Beneficiary-Centric Selection Process. The final rule introduces a change in the H-1B registration selection process. Instead of a registration-based lottery system, DHS will now implement a beneficiary-centric approach. This means that each foreign worker (beneficiary) will be entered into the selection process once, irrespective of the number of registrations submitted on their behalf. This change is designed to offer a fairer, more equitable system and reduce the potential for manipulation.

Start Date Flexibility. The final rule provides more flexibility for the employment start dates in H-1B cap-subject petitions. Employers will now be allowed to file petitions with start dates that are after October 1 of the relevant fiscal year. This aligns with current DHS policy and removes previous restrictions, offering more convenience for employers and beneficiaries.

Enhanced Integrity Measures. Under the final rule, DHS codifies its ability to deny or revoke H-1B petitions in cases where the underlying registration contains a false attestation or is otherwise invalid. Additionally, the rule stipulates that DHS may deny or revoke the approval of an H-1B petition if issues arise with the H-1B cap registration fee, such as if the fee is declined, not reconciled, disputed, or deemed invalid after submission.

With the final rule, DHS not only introduces key adjustments to the H-1B visa process but also sets the stage for efficiency enhancements. Starting February 28, 2024, USCIS will launch an online filing option for Forms I-129, Petition for a Nonimmigrant Worker, and Form I-907, Request for Premium Processing Service.

In addition, USCIS will launch new organizational accounts in its online platform on February 28. These accounts are designed to enable collaboration within organizations and their legal representatives on H-1B registrations, petitions, and associated premium processing requests. While some details about this new account system and the e-filing function have been provided, USCIS is expected to release more comprehensive information in the coming weeks.

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February 1, 2024
USCIS Issues Final Immigration and Naturalization Fee Rule Effective April 1 – CUPA-HR
by CUPA-HR | February 1, 2024

Important Update: We wish to clarify an important aspect regarding the USCIS final fee rule’s exemptions/reduced fees for nonprofit organizations. The rule specifies that the exemption/reduced fees apply to entities classified under the 501(c)(3) category, as per the Internal Revenue Code. This classification may not encompass many public universities and colleges, which, while tax-exempt, are generally not designated as 501(c)(3) organizations. We are aware of the confusion this may cause within the higher education community and are working with other higher education associations to seek clarification from USCIS.

On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule to adjust certain immigration and naturalization benefit request fees, resulting in significantly higher fees for employment-based petitioners, with notable reductions and exemptions for certain higher education employers. USCIS claims that the increased fees, which will apply to any benefit request postmarked on or after April 1, 2024, will “allow USCIS to recover a greater share of its operating costs and support more timely processing of new applications.”

Background

Unlike other government agencies that receive the majority of their funding through congressional appropriations, USCIS receives approximately 96 percent of its funding from filing fees. The agency, after its last fee adjustment in 2016, conducted a fee review that revealed these fees were inadequate to meet the agency’s operating costs. This assessment led USCIS to issue a notice of proposed rulemaking (NPRM) in January 2023, which included substantial increases to various employment-based filing fees, including up to 200 percent increases for some petitions. In response to the proposal, CUPA-HR joined comments which addressed higher ed-specific concerns with the proposal including the impact the increased fees would have had on international scholars and institutions’ ability to hire nonimmigrant workers, including H-1B workers.

Final Rule Details

While the final rule is nearly 330 pages long and has significant implications for both employment-based and family-based filings, this blog post focuses on the notable changes from the proposed rule to the final rule that have the most significant implications for higher ed employers.

The proposed rule introduced a new fee to fund the Asylum Program with employer petition fees. The fee is $600 to be paid by any employer who files either a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Workers. In the latest rule, USCIS finalized this fee but exempted the Asylum Program Fee for nonprofit petitioners that meet the Internal Revenue Code’s specific 501(c)(3) classification, resulting in a $0 fee for those entities. While the comments CUPA-HR signed onto requested that higher ed be exempt from the fee, based on precedents like the American Competitiveness and Workforce Improvement Act of 1988, which exempted certain fees for colleges and universities, there is confusion regarding this exemption’s applicability to some public universities and colleges, as many do not fall under the 501(c)(3) classification.

In addition to the new Asylum Program Fee, USCIS is implementing the following changes to employment-based and employment-based “adjacent” filing fees:
- Fee changes for visa classifications on Form I-129 and Form I-140: USCIS is imposing different fees for each visa classification sought on the Form I-129 nonimmigrant worker petition, replacing the uniform $460 Form I-129 filing fee across all classifications.
- Fees for I-129 Petitions for H-1B workers: USCIS had proposed a 70 percent increase in the filing fee, from $460 to $780. In the final rule DHS did not increase the filing fee for nonprofits so it is still $460 (0 percent increase).
- Fees for I-129 Petitions for L-1 workers: USCIS had proposed a 201 percent increase from $460 to $1,385. In the final rule USCIS set the fee for nonprofits at $695 (51 percent increase).
- Fees for I-129 Petitions for O-1 workers: USCIS had proposed a 129 percent increase, from $460 to $1,055. In the final rule USCIS set the fee for nonprofits at $530 (15 percent increase).
- A full fee schedule can be found in Table 1 of the preamble to the final rule.
In addition to the aforementioned changes, USCIS finalized its proposal to revise the premium processing timeframe interpretation from calendar days to business days. Currently, premium processing allows petitioners to receive an adjudicative action on their case within 15 calendar days. Changing the interpretation to business days will add nearly a week to the existing adjudication time.

Update on Clarification Efforts by Higher Education

In response to the USCIS final fee rule’s reliance on the Internal Revenue Code’s definition of a nonprofit organization, specifically 26 U.S.C. 501(c)(3), higher education associations are actively seeking clarification from USCIS. These efforts aim to understand how the fee adjustments will impact public universities and colleges that do not fall under the 501(c)(3) classification. The goal is to ensure that the unique status of higher education institutions is recognized and adequately addressed in the implementation of the fee rule.

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February 1, 2024