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  • Is it time to change the rules on NSS publication?

    Is it time to change the rules on NSS publication?

    If we cast our minds back to 2005, the four UK higher education funding bodies ran the first ever compulsory survey of students’ views on the education they receive – the National Student Survey (NSS).

    Back then the very idea of a survey was controversial, we were worried about the impact on the sector reputation, the potential for response bias, and that students would be fearful of responding negatively in case their university downgraded their degree.

    Initial safeguards

    These fears led us to make three important decisions all of which are now well past their sell-by date. These were:

    • Setting a response rate threshold of 50 per cent
    • Restricting publication to subject areas with more than 22 respondents
    • Only providing aggregate data to universities.

    At the time all of these were very sensible decisions designed to build confidence in what was a controversial survey. Twenty years on, it’s time to look at these with fresh eyes to assure ourselves they remain appropriate – and to these eyes they need to change.

    Embarrassment of riches

    One of these rules has already changed: responses are now published where 10 or more students respond. Personally, I think this represents a very low bar, determined as it is by privacy more than statistical reasoning, but I can live with it especially as research has shown that “no data” can be viewed negatively.

    Of the other two, first let me turn to the response rate. Fifty per cent is a very high response rate for any survey, and the fact the NSS achieves a 70 per cent response rate is astonishing. While I don’t think we should be aiming to get fewer responses, drawing a hard line at 50 per cent creates a cliff edge in data that we don’t need.

    There is nothing magical about 50 per cent – it’s simply a number that sounds convincing because it means that at least half your students contributed. A 50 per cent response rate does not ensure that the results are not subject to bias for example, if propensity to respond was in some way correlated with a positive experience the results would still be flawed.

    I would note that the limited evidence that there is suggests that propensity to respond is not correlated with a positive experience, but it’s an under-researched area and one the Office for Students (OfS) should publish some work on.

    Panel beating

    This cliff edge is even more problematic when the data is used in regulation, as the OfS proposes to do a part of the new TEF. Under OfS proposals providers that don’t have NSS data either due to small cohorts or a “low” response rate would have NSS evidence replaced with focus groups or other types of student interaction. This makes sense when the reason is an absolute low number of responses but not when it’s due to not hitting an exceptionally high response rate as Oxford and Cambridge failed to do for many years.

    While focus groups can offer valuable insights, and usefully sit alongside large-scale survey work, it is utterly absurd to ignore evidence from a survey because an arbitrary and very high threshold is not met. Most universities will have several thousand final year students, so even if only 30 per cent of them respond you will have responses from hundreds if not thousands of individuals – which must provide a much stronger evidence base than some focus groups. Furthermore, that evidence base will be consistent with every other university creating one less headache for assessors in comparing diverse evidence.

    The 50 per cent response rate threshold also looks irrational when set against a 30 per cent threshold for the Graduate Outcomes survey. While any response rate threshold is arbitrary to apply, applying two different thresholds needs rather more justification than the fact that the surveys are able to achieve different response rates. Indeed, I might argue that the risk of response bias might be higher with GO for a variety of reasons.

    NSS to GO

    In the absence of evidence in support of any different threshold I would align the NSS and GO publication thresholds at 30 per cent and make the response rates more prominent. I would also share NSS and GO data with TEF panels irrespective of the response rate, and allow them to rely on their expert judgement supported by the excellent analytical team at the OfS. And the TEF panel may then choose to seek additional evidence if they consider it necessary.

    In terms of sharing data with providers, 2025 is really very different to 2005. Social media has arguably exploded and is now contracting, but in any case attitudes to sharing have changed and it is unlikely the concerns that existed in 2005 will be the same as the concerns of the current crop of students.

    For those who don’t follow the detail, NSS data is provided back to Universities via a bespoke portal that provides a number of pre-defined cuts of the data and comments, together with an ability to create your own cross-tabs. This data, while very rich, do not have the analytical power of individualised data and suffer from still being subject to suppression for small numbers.

    What this means is that if we want to understand the areas we want to improve we’re forced to deduce it from a partial picture rather than being laser focussed on exactly where the issues are, and this applies to both the Likert scale questions and the free text.

    It also means that providers cannot form a longitudinal view of the student experience by linking to other data and survey responses they hold at an individual level – something that could generate a much richer understanding of how to improve the student experience.

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  • NSW inquiry focus on job, course cuts – Campus Review

    NSW inquiry focus on job, course cuts – Campus Review

    Submissions to the NSW government’s inquiry into university governance have flagged issues with a lack of transparency throughout restructures at the state’s institutions.

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  • Program stops early-career researchers quitting – Campus Review

    Program stops early-career researchers quitting – Campus Review

    Universities need workers with comprehensive analytical and strategic skills, but funding cuts and progression barriers have caused retention issues, leading to early-career researchers leaving universities in droves.

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  • Monash stops tutorials in Law subjects – Campus Review

    Monash stops tutorials in Law subjects – Campus Review

    Monash University’s new dean of law has announced senior law students will stop tutorials and suggested students should do no more than ten hours of paid work a week alongside their studies.

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  • New College of Florida says it will ‘happily be the first’ to sign Trump’s higher ed compact

    New College of Florida says it will ‘happily be the first’ to sign Trump’s higher ed compact

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    Dive Brief:

    • New College of Florida has publicly volunteered to be the first institution to adopt the Trump administration’s higher education compact. 
    • The institution — which has undergone a right-wing transformation since 2023 at the direction of Republican Gov. Ron DeSantis — said in a news release Monday that it would “happily be the first” to formally embrace President Donald Trump’s vision for higher education.
    • Most universities directly offered the compact have rejected the sweeping proposal, which promises priority for federal grants in return for implementing far-reaching policies favored by the administration.

    Dive Insight:

    At the beginning of October, Trump administration officials outlined a potential deal that it first brought to nine major research universities. 

    In return for special consideration in research and other federal funding, the universities were asked to implement a wide-ranging slate of policies. Those included a five-year tuition freeze, a standardized test requirement for applicants, an institutional position of neutrality on political and social events, and a commitment to potentially dissolve units deemed anti-conservative.

    Seven of the universities rejected the compact outright. Two others, Vanderbilt University and the University of Texas at Austin, have yet to formally accept or reject the deal. In October, Trump appeared to open the compact up to all colleges via a social post. At least three other institutions have declined the compact since.

    Many of the rejecting institutions cited concerns about academic freedom and independence. But NCF said Monday that it has already implemented policies reflecting many of the principles in the compact. The college has nixed diversity, equity and inclusion efforts, dismantled its gender studies department, and eliminated “discrimination in admissions.”

    Before 2023, NCF had a reputation as a LGBTQ+ friendly campus and one of the most progressive institutions in the state. But that year, DeSantis appointed a new slate of trustees at the liberal arts college, kicking off a turbulent transformation into a conservative model of public education. 

    The governor publicly advocated for a vision for NCF as a “Hillsdale of the South,” referring to Hillsdale College in Michigan, a conservative Christian institution.  

    The American Association of University Professors’ governing council voted unanimously in 2024 to sanction NCF over noncompliance with the faculty group’s standards for shared governance. 

    The AAUP called NCF’s changes an “unprecedented politically motivated takeover” citing findings from its 2023 report on political interference in higher ed in Florida. At NCF that included course changes, tenure decisions and faculty dismissals following DeSantis remaking of NCF’s board, according to the report. 

    The board of trustees and administration thoroughly restructured the college’s academic offerings without meaningful faculty involvement and denied academic due process to multiple faculty members during their tenure applications and renewals,” the AAUP said in announcing the censure.

    More recently, Republican state lawmakers and DeSantis have reportedly eyed an expansion of NCF, which could include diverting other public institutions’ resources to NCF’s control. 

    For its part, the college said Monday that it has reformed around principles such as merit and free thought. 

    We have no affirmative action or DEI, and we have been building a campus where open dialogue and the marketplace of ideas are at the forefront of everything we do,” said NCF President Richard Corcoran, formerly the Republican speaker for the Florida House and the education commissioner under DeSantis

    Initially, the Trump administration offered the compact to research powerhouses that take on large numbers of federal contracts, such as the Massachusetts Institute of Technology, University of Southern California and UT-Austin. 

    The smaller NCF only reported $381,509 in federal grants in fiscal 2024.

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  • Deadly Lincoln University mass shooting: Vigil held on campus; investigation continues (Fox 29 Philadelphia)

    Deadly Lincoln University mass shooting: Vigil held on campus; investigation continues (Fox 29 Philadelphia)

     

    Detectives believe multiple shooters were involved in a mass shooting that occurred during Lincoln University’s homecoming that left a 20-year-old Wilmington, Delaware man dead and six others injured.

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  • Top Hat Unveils AI-Powered Content Enhancer to Fuel Title II Accessibility Compliance

    Top Hat Unveils AI-Powered Content Enhancer to Fuel Title II Accessibility Compliance

    New capabilities in Top Hat Ace enable educators to quickly and easily transform static course materials into accessible, interactive content.

    TORONTO – October 28, 2025 – Top Hat, the leader in student engagement solutions for higher education, today announced the launch of a powerful new accessibility tool in its AI-powered assistant, Ace. Ace Content Enhancer gives faculty the ability to upload existing course materials into Top Hat and receive actionable guidance to meet WCAG 2.1 AA accessibility standards with minimal effort.

    Following the U.S. Department of Justice’s 2024 Title II ruling, public colleges and universities must ensure all digital content meets WCAG 2.1 AA standards as early as April 2026, depending on institution size. But for most professors, the path to compliance is anything but clear. The rules are highly technical, and without dedicated time or training, it can be challenging to ensure materials are fully compliant. Ace Content Enhancer removes this burden by scanning materials in Top Hat in seconds, identifying issues, and providing recommendations to help content meet the standards for accessibility outlined under Title II.

    “We’re helping educators meet this moment by simplifying compliance and making it easier to create learning experiences that serve all students,” said Maggie Leen, CEO of Top Hat. “More than meeting a mandate, this is an opportunity to create content that’s more engaging, and ultimately more effective in supporting student success.”

    A faster, simpler path to compliant courseware

    With Ace’s AI-powered Content Enhancer, faculty can:

    • Scan materials for accessibility issues instantly. Uploaded or existing content in Top Hat is analyzed in seconds, with specific accessibility concerns in text and images flagged for quick review.
    • Remediate with ease. Recommendations and features like auto-generated alt-text remove guesswork and save time.
    • Improve clarity for all learners. Suggested tone helps make content easier to understand and more effective.
    • Make content more relevant. Use Ace to generate real-world examples tailored to students’ interests, academic goals, or backgrounds to boost engagement.
    • Reinforce learning through practice. Ace will suggest interactive, low-stakes questions to deepen understanding and support active learning.

    “Educators retain full control of their content, while Ace eliminates the guesswork, making accessibility improvements fast, intuitive, and aligned with instructional goals,” said Hong Bui, Chief Product Officer at Top Hat. “We’re providing a guided path forward so that accessibility doesn’t come at the expense of interactivity, creativity, or sound pedagogy.”

    The launch of Ace Content Enhancer reflects Top Hat’s broader commitment to accessibility. It builds on existing capabilities—like automatic transcription of slide content—and reinforces the company’s focus on ensuring all student-facing tools and experiences, across web and mobile, meet WCAG 2.1 AA standards, including readings, assessments, and interactive content.

    About Top Hat

    As the leader in student engagement solutions for higher education, Top Hat enables educators to employ evidence-based teaching practices through interactive content, tools, and activities in in-person, online and hybrid classroom environments. Thousands of faculty at more than 1,500 North American colleges and universities use Top Hat to create personalized, engaging and accessible learning experiences for students before, during, and after class. To learn more, please visit tophat.com.

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  • Can you get better medical advice online than from a doctor?

    Can you get better medical advice online than from a doctor?

    PCOS is a metabolic and reproductive condition. Although it’s the most common hormonal disorder in women of reproductive age, up to 70% of women affected by it never get diagnosed. Dr. Jamie Benham, an endocrinologist and principal investigatorat the EMBRACE Women’s Health Research Lab at the University of Calgary, said that because patients with PCOS can have a variety of experiences and symptoms, it can be challenging for doctors to diagnose. 

    For Joslin, it wasn’t until she began to struggle with infertility that she finally received a proper diagnosis. “When I saw the infertility doctor … he looks at me [and the] first thing he said to me was, ‘You are textbook PCOS’,” she said.

    Joslin said that if it weren’t for the online community, PCOS wouldn’t have been on her radar at all. Through treatments from her fertility doctor and naturopath, she was able to start a family.

    Taking symptoms seriously

    Jade Broughton, a member of the PCOS Patient Advisory Council at the University of Calgary, said she initially downplayed her own symptoms for years. She assumed they were stress-related from her shift work as a nurse and she was told her symptoms were normal.

    “I started noticing, quite a few years ago, my hair started falling [out] in clumps,” Broughton said. “I was just gaining weight so rapidly, I started having facial hair, all that stuff. I went to my doctor, and she was like, ‘You just turned 30, that’s just normal’ … So, I felt like I was just being gaslit for years and years.”

    Through internet searches and the PCOS Reddit page, she was finally able to understand what her symptoms might mean. After about seven years of advocating for herself, she finally received a diagnosis from her family doctor.

    “I feel like women’s health is still not taken seriously when it should be,” Broughton said. “Just stand up for yourself and trust your gut if you know something’s wrong.”

    Lisa Minaker, a legal assistant student in Winnipeg, Canada said that her irregular periods were concerning to her family physician, who referred her to an endocrinologist. Through blood work, her endocrinologist diagnosed PCOS. Although she received a diagnosis relatively quickly, Minaker said she felt that her doctors were not always “overly helpful” when it came to managing her symptoms. She thinks that doctors lack sufficient training in women’s health.

    “Not that it’s their fault,” she said. “Finding out how women don’t metabolize things like men, and how it’s dependant on where you are in your cycle … we’re still treated as basically a smaller version of men.”

    Why expertise matters

    Due to the complexity of PCOS and its diverse range of symptoms, a team of healthcare practitioners can be helpful. Joslin and Minaker both say that including other healthcare professionals, such as a naturopathic doctor and acupuncturist, helped with symptom management.

    “The [naturopathic doctor] was that complement to the medical world,” Joslin said. “My fertility doctor would prescribe me medication, and the naturopath would talk to me about my blood work [and supplements] … It was the hand holding and just someone talking you through [your results] to make sure you know what’s going on.”

    “I 100% credit the fact that I’m a mom to my naturopath,” Joslin said. “I would not be a mom without her.”

    Minaker said that in her own health journey she learned more from social media than from any doctor. “The girls in the [Facebook] group are pretty helpful,” she said. “I had to do my own research because I wasn’t really given a choice.”

    Although social media has played a big role in educating women about PCOS and other health problems, it can sometimes provide misinformation. A common misconception Broughton hears from patients is that they’re afraid to exercise, believing it’s bad for their health because of internet claims that it will raise cortisol levels — a hormone released in response to physical or emotional stress.

    “This is not consistent with what we know about the condition and exercise is recommended for all people with PCOS,” said Benham. “Unfortunately, we’re limited in that PCOS is not well studied. It’s not well understood. It hasn’t been funded from a women’s health research perspective. So there’s a lot of people that are profiting off nutrition plans or exercise plans or giving different advice around supplements.”

    Combatting misinformation

    Minaker said she found it difficult in the beginning to distinguish which resources were helpful and which were targeted marketing scams.

    “I wasn’t always that intuitive to be able to tell who was truthful,” Minaker said. “[I was] trying to find as many answers as possible.”

    In some Facebook groups, women share their symptoms, medications and diagnostic test results. Chats in these groups often involve consultations, advice and, sometimes, bullying.

    Joslin said that instead of lifting others up, some members of fertility groups for women with PCOS create guilt, embarrassment and shame around a vital aspect of life that PCOS can affect — being able to start a family.

    “In some groups, like the PCOS groups that focus specifically on trying to get pregnant, I had to leave right away,” Joslin said. “It was very toxic … where, truthfully, in this journey you need support. I’ve found much more success with smaller localized groups.”

    Information from medical organizations

    To combat misinformation, some medical organizations have created their online forums and portals. Broughton pointed to Monash University in Australia, which released new PCOS guidelines and launched a phone application called Ask PCOS.

    “They actually have an app that has tons of resources on weight management, food, insulin resistance, all of that stuff,” Broughton said. “And they’re actually one of the big players that’s trying to have it renamed as well.”

    Since PCOS affects more than ovaries, a new name would reflect that and might make it less confusing for women with symptoms to get the help they need.

    Other institutions are bringing women together in person to share experiences face-to-face.

    The EMBRACE Lab at the University of Calgary, for example, formed a PCOS Patient Advisory Council to conduct patient-oriented research earlier this year. The council, which meets monthly, is a space for community.

    “It’s such an amazing experience to sit in the room with all these women,” Joslin said. “Knowing all the struggles I’ve had … and sitting with people who are newly diagnosed or on their fertility journey … I’m able to share my advice and say, ‘You’re not alone.’”

    Community, whether found online or through research, has been an important part of the journey for these patients.

    Benham said that PCOS is a lifelong condition, whose symptoms can be managed although it cannot be cured. Joslin adds that it’s important to bring awareness to the condition. “Because there’s so many of us that have it, let’s make this more known.”


    Questions to consider:

    1. Why might someone trust a random person on an online forum over a doctor for medical advice?

    2. How can medical information you find online leave you more confused?

    3. If you felt unwell where would you turn for information about your condition?


     

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  • Why busy educators need AI with guardrails

    Why busy educators need AI with guardrails

    Key points:

    In the growing conversation around AI in education, speed and efficiency often take center stage, but that focus can tempt busy educators to use what’s fast rather than what’s best. To truly serve teachers–and above all, students–AI must be built with intention and clear constraints that prioritize instructional quality, ensuring efficiency never comes at the expense of what learners need most.

    AI doesn’t inherently understand fairness, instructional nuance, or educational standards. It mirrors its training and guidance, usually as a capable generalist rather than a specialist. Without deliberate design, AI can produce content that’s misaligned or confusing. In education, fairness means an assessment measures only the intended skill and does so comparably for students from different backgrounds, languages, and abilities–without hidden barriers unrelated to what’s being assessed. Effective AI systems in schools need embedded controls to avoid construct‑irrelevant content: elements that distract from what’s actually being measured.

    For example, a math question shouldn’t hinge on dense prose, niche sports knowledge, or culturally-specific idioms unless those are part of the goal; visuals shouldn’t rely on low-contrast colors that are hard to see; audio shouldn’t assume a single accent; and timing shouldn’t penalize students if speed isn’t the construct.

    To improve fairness and accuracy in assessments:

    • Avoid construct-irrelevant content: Ensure test questions focus only on the skills and knowledge being assessed.
    • Use AI tools with built-in fairness controls: Generic AI models may not inherently understand fairness; choose tools designed specifically for educational contexts.
    • Train AI on expert-authored content: AI is only as fair and accurate as the data and expertise it’s trained on. Use models built with input from experienced educators and psychometricians.

    These subtleties matter. General-purpose AI tools, left untuned, often miss them.

    The risk of relying on convenience

    Educators face immense time pressures. It’s tempting to use AI to quickly generate assessments or learning materials. But speed can obscure deeper issues. A question might look fine on the surface but fail to meet cognitive complexity standards or align with curriculum goals. These aren’t always easy problems to spot, but they can impact student learning.

    To choose the right AI tools:

    • Select domain-specific AI over general models: Tools tailored for education are more likely to produce pedagogically-sound and standards-aligned content that empowers students to succeed. In a 2024 University of Pennsylvania study, students using a customized AI tutor scored 127 percent higher on practice problems than those without.
    • Be cautious with out-of-the-box AI: Without expertise, educators may struggle to critique or validate AI-generated content, risking poor-quality assessments.
    • Understand the limitations of general AI: While capable of generating content, general models may lack depth in educational theory and assessment design.

    General AI tools can get you 60 percent of the way there. But that last 40 percent is the part that ensures quality, fairness, and educational value. This requires expertise to get right. That’s where structured, guided AI becomes essential.

    Building AI that thinks like an educator

    Developing AI for education requires close collaboration with psychometricians and subject matter experts to shape how the system behaves. This helps ensure it produces content that’s not just technically correct, but pedagogically sound.

    To ensure quality in AI-generated content:

    • Involve experts in the development process: Psychometricians and educators should review AI outputs to ensure alignment with learning goals and standards.
    • Use manual review cycles: Unlike benchmark-driven models, educational AI requires human evaluation to validate quality and relevance.
    • Focus on cognitive complexity: Design assessments with varied difficulty levels and ensure they measure intended constructs.

    This process is iterative and manual. It’s grounded in real-world educational standards, not just benchmark scores.

    Personalization needs structure

    AI’s ability to personalize learning is promising. But without structure, personalization can lead students off track. AI might guide learners toward content that’s irrelevant or misaligned with their goals. That’s why personalization must be paired with oversight and intentional design.

    To harness personalization responsibly:

    • Let experts set goals and guardrails: Define standards, scope and sequence, and success criteria; AI adapts within those boundaries.
    • Use AI for diagnostics and drafting, not decisions: Have it flag gaps, suggest resources, and generate practice, while educators curate and approve.
    • Preserve curricular coherence: Keep prerequisites, spacing, and transfer in view so learners don’t drift into content that’s engaging but misaligned.
    • Support educator literacy in AI: Professional development is key to helping teachers use AI effectively and responsibly.

    It’s not enough to adapt–the adaptation must be meaningful and educationally coherent.

    AI can accelerate content creation and internal workflows. But speed alone isn’t a virtue. Without scrutiny, fast outputs can compromise quality.

    To maintain efficiency and innovation:

    • Use AI to streamline internal processes: Beyond student-facing tools, AI can help educators and institutions build resources faster and more efficiently.
    • Maintain high standards despite automation: Even as AI accelerates content creation, human oversight is essential to uphold educational quality.

    Responsible use of AI requires processes that ensure every AI-generated item is part of a system designed to uphold educational integrity.

    An effective approach to AI in education is driven by concern–not fear, but responsibility. Educators are doing their best under challenging conditions, and the goal should be building AI tools that support their work.

    When frameworks and safeguards are built-in, what reaches students is more likely to be accurate, fair, and aligned with learning goals.

    In education, trust is foundational. And trust in AI starts with thoughtful design, expert oversight, and a deep respect for the work educators do every day.

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  • Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    Dive Brief:

    • The U.S. Treasury Department launched an online payment website for employers to pay President Donald Trump’s $100,000 fee on new H-1B visa petitions, according to an update last week from the U.S. Citizenship and Immigration Services.
    • USCIS said the fee applies to new H-1B petitions filed on or after Sept. 21 on behalf of beneficiaries who are outside the U.S. and do not have a valid H-1B visa, or whose petitions request consular notification, port of entry notification or pre-flight inspection. Payment must be made prior to filing a petition with USCIS, per the agency.
    • Separately, USCIS’ update clarified that the fee requirement does not apply to petitions requesting an amendment, change of status or extension of stay for noncitizens who are inside the U.S., if that request is granted by USCIS. If it is not granted, then the fee applies.

    Dive Insight:

    Trump’s proclamation announcing the H-1B fee left employers with plenty of unanswered questions. While Monday’s update provides some clarity, the policy’s future is still uncertain in part because business groups, employers, unions, lawmakers and other stakeholders oppose it.

    At least two lawsuits have been filed seeking to enjoin the fee proclamation — one by the U.S. Chamber of Commerce in Washington, D.C., and another by a group of plaintiffs in California. Both similarly alleged that the H-1B fee violates the constitutional separation of powers as well as the Administrative Procedure Act. The complaints also warned of negative effects on U.S. employers that depend on the H-1B program to attract skilled foreign workers.

    In a letter to Trump and Secretary of Commerce Howard Lutnick, a bipartisan group of congressional lawmakers agreed to the need for reform of the H-1B program while expressing concerns about the potential effects of the fee on U.S. employers’ ability to compete with their global counterparts for talent.

    “The recently announced H-1B visa changes will undermine the efforts of the very catalysts of our innovation economy — startups and small technology firms — that cannot absorb costs at the same level as larger firms,” the lawmakers wrote.

    Trump and the White House have said the fee is necessary to combat “systemic abuse” of the H-1B program by employers that seek to artificially suppress wages at the cost of reduced job opportunities for U.S. citizens. In addition to the fee imposed on new visa petitions, the administration issued a proposed rule to change its selection process for H-1B visas to be weighted in favor of higher-paying offers.

    USCIS’ guidance noted that the Secretary of Homeland Security may grant other exceptions to the H-1B fee in “extraordinarily rare” circumstances where:

    • A beneficiary’s presence is in the national interest.
    • No American worker is available to fill the role.
    • The beneficiary does not pose a threat to U.S. security or welfare.
    • Requiring payment from the employer would significantly undermine U.S. interests.

    The agency provided an email address to which employers could send requests for fee exemption along with supporting evidence.

    Employers planning to file for new H-1B visas should plan to pay the fee unless litigation results in some kind of change, Akshat Divatia, attorney at law firm Harris Sliwoski, wrote in an article Tuesday. Divatia noted that some of the criteria for exemptions outlined by USCIS may conflict with congressional design of the H-1B program, and that employers “should watch closely how the courts respond” to such arguments.

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