Tag: DHS

  • ICE Detains Ferris State Prof., DHS Calls Him “Sex Offender”

    ICE Detains Ferris State Prof., DHS Calls Him “Sex Offender”

    DHS said ICE arrested Sumith Gunasekera on Nov. 12.

    Lawrey/iStock/Getty Images Plus

    Immigration and Customs Enforcement has detained a Ferris State University professor, according to a Department of Homeland Security news release that calls him “a criminal illegal alien sex offender from Sri Lanka.”

    ICE arrested Sumith Gunasekera in Detroit on Nov. 12, DHS announced in its Nov. 25 release. That’s the date Ferris State “became aware of accusations regarding” Gunasekera, university spokesperson David Murray said in an emailed statement. Murray didn’t answer further questions from Inside Higher Ed Monday, including whether the university performed a background check on Gunasekera before hiring him.

    “He has been placed on administrative leave while the university gathers more information,” Murray wrote. “This is a personnel issue and it would be inappropriate for the university to further discuss the matter.”

    The university’s website lists Gunasekera as director of its Data Analytics Consulting and Research Center. A Sumi Gunasekera is also listed as an assistant professor of marketing.

    As of last week’s news release, DHS said Gunasekera “remains in ICE custody pending further immigration proceedings.” DHS spokespeople didn’t respond to Inside Higher Ed’s questions Monday about whether he’s still being held and where.

    The DHS release says that, in 1998, “a criminal court in Brampton, Ontario convicted Gunasekera for utter threat to cause death or bodily harm and sexual interference and sentenced him to 1 month of incarceration and 1 year of probation.” Anita Sharma, group leader at the Ontario Court of Justice in Brampton, told Inside Higher Ed the case has been archived, so she couldn’t provide further details Monday.

    DHS’s release says “the convictions in Canada” rendered Gunasekera “ineligible for legal status in the United States.” Tricia McLaughlin, a DHS spokesperson, said in the release that “it’s sickening that a sex offender was working as a professor on an American college campus and was given access to vulnerable students to potentially victimize them. Thanks to the brave ICE law enforcement officers, this sicko is behind bars and no longer able to prey on Americans.”

    Inside Higher Ed was unable to reach Gunasekera for comment.

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  • ASU Police Reportedly Assisted DHS With Arrest

    ASU Police Reportedly Assisted DHS With Arrest

    yongyuan/iStock/Getty Images

    Arizona State University police assisted in arranging the violent arrest of a staff member by Department of Homeland Security officials earlier this week, The Phoenix New Times reported.

    The ASU chapter of the National Lawyers Guild alleged in an Instagram post that ASU police officer James Quigley arranged a meeting with a staff member, who was not named, “under the pretense of discussing a ‘concern’ about a social media post.” After a brief meeting, the employee was then arrested by multiple plainclothes Immigration and Customs Enforcement agents, according to the group.

    A purported video of the encounter was later posted on X. The video shows several men with badges, one of whom identifies himself as “a special agent with Homeland Security” twisting an individual’s wrist before kneeing him in the back. In the video, the arrested individual, who is the employee in question, according to the post, asks, “What did I do?” as he is arrested.

    The employee was later released, according to the newspaper. 

    In the aftermath of the arrest, the ASU chapter of the National Lawyers Guild called on the university and President Michael Crow to publicly denounce the incident, end all cooperation with ICE and enact policies “to prevent future targeting and harm” to community members.

    “ASU must protest the safety and dignity of its staff and students—not partner with agencies that terrorize them,” the organization wrote online.

    ASU spokesperson Jerry Gonzalez told Inside Higher Ed that the U.S. Secret Service and Department of Homeland Security had questioned an employee after receiving an anonymous tip.

    “In order to remain informed about a matter involving an ASU employee, an ASU police officer accompanied a DHS investigator to a meeting with the employee at a coffee shop off campus,” Gonzalez wrote.

    He confirmed that the employee was later released.

    (This article has been updated with a comment from ASU.)



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  • DHS Moves to Restrict How Long Foreign Students Can Stay

    DHS Moves to Restrict How Long Foreign Students Can Stay

    This latest plan is one of several ways the Trump administration is targeting international students.

    Photo illustration by Justin Morrison/Inside Higher Ed | aapsky/iStock/Getty Images | Chip Somodevilla/Getty Images

    After months of speculation, the Department of Homeland Security publicly released its plans to limit how long international students can stay in the United States—a proposal that advocates say will only add to uncertainty and chaos that this group is already facing.

    Currently, students can stay in the country as long as they are enrolled at a college or university. But the proposed rule released Wednesday would allow students to stay for the duration of their program, but no longer than four years. That isn’t enough time for students to complete a doctoral program, and it’s less time than the average student takes to complete a bachelor’s degree. Students who want to stay longer would have to seek authorization to extend their visa.

    The first Trump administration tried to make this change, which would roll back at 1991 rule known as duration of status. However, the Biden administration withdrew the proposal. Officials said in a news release that setting a fixed time for students on visas to stay would curb what they call abuses and allow the government to better oversee these individuals. Additionally, officials alleged that the current policy incentivizes international students to “become ‘forever’ students,” who are “perpetually enrolled in higher education courses to remain in the U.S.”

    DHS will take public comments on the proposal until Sept. 29. Before the agency can finalize the rule, it will have to review and respond to those comments.

    Advocates for international students have been sounding the alarm about this plan since DHS first sought approval in June to make the proposal, and those warnings continued this week now that the plan is public. Changing the rule, they say, would be another hurdle for international students who want to come to the United States. These others include vetting students’ social media profiles and more scrutiny on current visa holders. Since President Trump took office, the State Department has revoked 6,000 student visas.

    More than one million students from other countries enrolled in at a U.S. college or university in 2024, making up about 6 percent of the total student population. Experts predict the number of international students to drop off significantly this academic year.

    Fanta Aw, executive director of NAFSA, the association of international educators, said in a statement that the DHS proposal is a “bad idea” and “a dangerous overreach by government into academia.”

    “These changes will only serve to force aspiring students and scholars into a sea of administrative delays at best, and at worst, into unlawful presence status—leaving them vulnerable to punitive actions through no fault of their own,” Aw added.

    Miriam Feldblum, president and CEO of the Presidents’ Alliance on Higher Education and Immigration, described the proposal in a statement as “another unnecessary and counterproductive action aimed against international students and scholars.”

    “This proposed rule sends a message to talented individuals from around the world that their contributions are not valued in the United States,” she said. “This is not only detrimental to international students—it also weakens the ability of U.S. colleges and universities to attract top talent, diminishing our global competitiveness. International students, scholars, and exchange visitors contribute economically, intellectually, and culturally to American society. They drive innovation, create jobs, and advance groundbreaking research.”

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  • DHS Offers to “Simplify” Harvard Lawsuit

    DHS Offers to “Simplify” Harvard Lawsuit

    The Trump administration has extended an offer to Harvard University to “simplify” an ongoing legal battle by pulling back on threats made in a May 22 letter from U.S. Department of Homeland Security secretary Kristi Noem to revoke the institution’s ability to host international students.

    At the time, Noem wrote in a letter to Harvard officials that DHS was stripping its Student Exchange and Visitor Program certification due to an alleged “failure to adhere to the law.” Harvard responded with a lawsuit, and a judge quickly granted a temporary restraining order to block the federal government from stripping Harvard’s SEVP certification, which would have likely resulted in a loss of international students and dealt the university a severe financial blow. (Harvard also sued the Trump administration over frozen federal research funding in April.)

    Harvard argued in its May lawsuit that the revocation was “a blatant violation of the First Amendment” and due process and a retaliatory move by the federal government after the university rejected demands to control its governance, curriculum and the “ideology” of faculty and students. The move, according to the lawsuit, could potentially “erase a quarter of Harvard’s student body” and would harm students who had already been admitted to the university.

    Now, in a Wednesday court filing, government attorneys have agreed “that the May 22 letter will not be used to revoke Harvard’s SEVP certification or Exchange Visitor Program designation.” They called the proposal “an attempt to jointly simplify the case.”

    DHS officials wrote in the filing that they are “open to counterproposals and a meet and confer.” However, they wrote that Harvard “did not accept.”

    Harvard declined to comment and DHS did not respond to an inquiry from Inside Higher Ed.

    As Harvard and the federal government battle over international students in court, the Trump administration has found other ways to ratchet up pressure on the nation’s wealthiest university. Last month the U.S. Department of State announced it was opening an investigation into Harvard’s eligibility to participate in the Exchange Visitor program, which is overseen by the State Department and grants J-1 visas for visiting scholars, researchers and postdocs. Secretary of State Marco Rubio wrote that the probe will ensure programs don’t “run contrary to our nation’s interests.”

    There have been recent reports—and denials—that Harvard is nearing a settlement with the Trump administration, which, in addition to attempting to cut off its flow of international students, has leveled a litany of claims against the university, including vague allegations of unlawful action and accusations of antisemitism. The Trump administration has demanded sweeping changes at Harvard, which the university has largely rebuffed thus far.

    Congressional Democrats have threatened to investigate if Harvard agrees to a settlement.

    If Harvard settles, it would be the third Ivy League university to strike a deal with the federal government since mid-July. Columbia University was the first, agreeing to a seemingly unprecedented settlement, which closed investigations into allegations of antisemitism and restored some frozen research funding in exchange for changes to admissions, academic programs and other concessions that will be overseen by a third-party resolution monitor. Columbia agreed to pay $221 million as part of the settlement.

    Brown University also reached an agreement in late July to settle investigations into alleged antisemitism and restore about $510 million in frozen federal research funds. Brown agreed to spend $50 million on state workforce development efforts, provide admissions data to the federal government and bar transgender athletes from competing, among other stipulations.

    Outside the Ivy League, the University of California system announced earlier this week that it intends to negotiate with the federal government over $584 million in suspended federal funding amid Department of Justice investigations into alleged antisemitism. UC officials said the system is seeking a “voluntary resolution agreement” with the Trump administration to restore funding.

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  • DHS Terminates Harvard’s SEVP Certification, Blocking Foreign Student Enrollment – CUPA-HR

    DHS Terminates Harvard’s SEVP Certification, Blocking Foreign Student Enrollment – CUPA-HR

    by CUPA-HR | May 22, 2025

    On May 22, the Department of Homeland Security (DHS) announced that it terminated Harvard University’s Student and Exchange Visitor Program (SEVP) certification. According to DHS, this action bars Harvard from enrolling foreign students and requires foreign students currently enrolled at the institution to transfer to another U.S. institution or lose legal status.

    In the announcement, DHS states that “Harvard’s leadership has created an unsafe campus environment by permitting anti-American, pro-terrorist agitators to harass and physically assault individuals, including many Jewish students, and otherwise obstruct its once-venerable learning environment.” DHS claims that many of the agitators are foreign students. The announcement also accuses Harvard’s leadership of facilitating and engaging in coordinated activity with the Chinese Communist Party.

    On April 16, DHS Secretary Kristi Noem sent a letter to Harvard requesting the university to provide records on foreign students’ illegal activity or misconduct. The letter stated that Harvard could face immediate loss of SEVP certification if it did not comply. According to the DHS announcement on the SEVP termination, Harvard did not provide “the required information requested and ignored a follow up request from the Department’s Office of General Counsel.”

    In DHS’s announcement regarding the termination of Harvard’s SEVP certification, Noem states that DHS’s decision to terminate Harvard’s SEVP certification is “holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on campus.” She further states that “it is a privilege, not a right, for universities to enroll foreign students” and to “let this serve as a warning to all universities and academic institutions across the country.”

    CUPA-HR will monitor for additional updates on this decision and other actions taken by DHS.



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  • US to expand powers to terminate students’ legal status

    US to expand powers to terminate students’ legal status

    The expansion of government powers would hand Immigration and Customs Enforcement (ICE) the authority to cancel a student’s legal status if the visa they used to enter the US is revoked.  

    Previously, a visa revocation would only impact a person’s ability to return to the country but would not end their permission to stay in the US as a student. 

    The new guidelines were outlined in an ICE document shared in a court filing on April 28, according to Associated Press. 

    Attorneys for international students said in court the new reasons would allow for faster deportations and would justify many of the Trump administration’s terminations of thousands of students’ legal status on the database maintained by ICE.  

    “This just gave them carte blanche to have the State Department revoke a visa and then deport those students, even if they’ve done nothing wrong,” said immigration attorney Brad Banias, as reported in AP.  

    When approached for comment, a State Department spokesperson said it “will continue to work closely with the Department of Homeland Security to enforce zero tolerance for aliens in the United States who violate US laws, threaten public safety, or in other situations where warranted”.

    The PIE is yet to hear back from ICE.

    This just gave them carte blanche to have the State Department revoke a visa and then deport those students, even if they’ve done nothing wrong

    Brad Banias, immigration attorney

    Sector leaders welcomed last week’s news that the government was restoring students’ legal status while it developed a new framework for future terminations, though the proposed vastly expanded new powers come as another blow for international students and educators.  

    The court heard that the new policy went against “at least 15 years of SEVP guidance”, referring to the Student and Exchange Visitor Program managed by ICE. 

    However, NAFSA emphasised on May 2 that “the document cannot yet be regarded as ICE’s new official policy”.

    The document offers two new reasons for termination; non-compliance with the terms of nonimmigrant status and visa revocation by the state department.

    In the case of the former, it is not clear whether a SEVIS record termination would also result in the termination of nonimmigrant status, though it would strip students of status benefits including applying for OPT or returning to the US after travelling abroad.

    According to immigration attorneys, the new guidance could also allow for revoking student status if their names appear in a criminal database regardless of whether they were ever charged with a crime.    

    Traditionally, student visa revocations have not been common, but recently the US government began terminating students’ status either in addition to or instead of revoking their visas.   

    The Student and Exchange Visitor Information System (SEVIS) database is maintained by ICE to monitor international students’ presence in the US.  

    In the absence of disaggregated counts of visa revocation and SEVIS record termination, it remains unclear how many students will lose their status because of the new termination framework.  

    Since mid-March, sudden visa revocations by the State Department and SEVIS record terminations by ICE and DHS have caused widespread fear and uncertainty across US campuses.  

    “Exacerbating the stress was the rationale provided by the government, which ranged from wholly absent, to conflicting, to shifting, to downright baseless,” said NAFSA.  

    In March, secretary of state Marco Rubio said that his department was revoking the visas of students who took part in pro-Palestinian protests and those with criminal charges.   

    However, many students who saw their status terminated said they did not fall under those categories and argued that they were denied due process. Others said they were not aware their status had been revoked until logging onto the SEVIS database.  

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  • Govt. data error sparks doubt over US international enrolments

    Govt. data error sparks doubt over US international enrolments

    The reliability of federal datasets is under scrutiny after an error was identified on the Student and Exchange Visitor Information System (SEVIS) website that appeared to show stagnating international student numbers from August 2024 to the present.  

    The error, brought to The PIE News’s attention by EnglishUSA, casts doubt on recent headlines and media reports about declining international student enrolments in the US, with SEVIS data appearing to show an enrolment decline of 11% between March 2024 and March 2025.  

    “Starting in August 2024, the data appears to be duplicated month after month, with flatlined totals for students on F and M visas. These figures show virtually no fluctuation during a period when natural enrolment shifts would be expected,” explained EnglishUSA executive director, Cheryl Delk-Le Good.  

    “This irregularity comes at a time of heightened concern within the field, particularly as educators and administrators manage the fallout from widespread SEVIS terminations and the resulting confusion around visa status for international students,” added Delk-Le Good.  

    The US Department of Homeland Security (DHS), which runs SEVIS, was alerted to the error on April 14 and said it was “working to resolve the issue”.  

    As of April 25, the dataset has not been updated, and DHS has not responded to The PIE’s request for comment.  

    US International Trade Administration. Market Diversification Tool for International Education. 2023. Retrieved: April 11, 2025.

    Notably, the inaccuracies begin in August 2024 and span both US administrations, suggesting “a computer glitch rather than an intentional act,” said Mark Algren – interim director of the Applied English Center at the University of Kansas and a contributor to EnglishUSA’s data initiatives – who noticed the anomaly.  

    However, Algren added that he had “no idea why someone didn’t catch it,” with the considerable timeframe of the glitch likely to hamper confidence in federal datasets that are relied on by institutions and that ensure transparency in the system.  

    Total F&M visa holders in the US: 

    Month  Total F&M  Change from previous month 
    August 24   1,091,134  -59,822 
    September 24   1,091,137  +3 
    October 24  1,091,141  +4 
    November 24  1,091,144  +3 
    January 25  1,091,142  -2 
    February 25  1,091,155  +13 
    March 25  1,091,161  +11 
    Source: SEVIS

    It is important to note that each monthly dataset recorded by SEVIS is a snapshot of a given day that month, and the drop recorded in August 2024 (which is considered the last accurate figure) could have been taken before many students arrived for the fall academic term.  

    For this reason, “it’s hard to say that an August report is representative of the following fall term,” said Algren, with the true figures yet to be seen.  

    At the start of the 2024/25 academic year, IIE’s fall snapshot reported a 3% rise in international student enrolment, building on sustained growth over the last three years. 

    Despite recent uncertainty in the US caused by the current administration’s recent attacks on higher education, the period of SEVIS’ misreporting represents an earlier timeframe before the impact of Trump’s policies came into effect.  

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  • DHS Threatens Harvard With Loss of International Students

    DHS Threatens Harvard With Loss of International Students

    The Department of Homeland Security canceled $2.7 million in grants going to Harvard University Wednesday night and threatened to terminate its Student and Visitor Exchange Program certification, which would bar the private Massachusetts institution from enrolling international students.

    DHS’s threats came shortly after Harvard rebuffed the Trump’s administration’s demands to overhaul governance, admissions, hiring processes and more amid allegations of antisemitism and harassment tied to pro-Palestinian protests last spring. Although the Trump administration has opened a civil rights investigation into antisemitism at Harvard, that inquiry remains in process.

    Even so, the federal government has already moved to punish the university.

    The Trump administration froze $2.2 billion in research grants after Harvard rejected its initial demands, and the Internal Revenue Service is reportedly taking aim at its tax-exempt status. Now SEVP certification appears to be in the Trump administration’s crosshairs as well.

    “Harvard bending the knee to antisemitism—driven by its spineless leadership—fuels a cesspool of extremist riots and threatens our national security,” Department of Homeland Security Secretary Kristi Noem said in a Thursday statement. “With anti-American, pro-Hamas ideology poisoning its campus and classrooms, Harvard’s position as a top institution of higher learning is a distant memory. America demands more from universities entrusted with taxpayer dollars.”

    DHS demanded the university provide “detailed records on Harvard’s foreign student visa holders’ illegal and violent activities by April 30” or lose SEVP certification. The demand comes as the federal government has revoked visas for international students across the U.S., in some cases for political speech. (Inside Higher Ed has tracked more than 1,450 visa revocations.)

    Harvard spokesperson Jason Newton emphasized the need for due process in federal actions.

    “Harvard values the rule of law and expects all members of our community to comply with University policies and applicable legal standards,” Newton wrote. “If federal action is taken against a member of our community, we expect it will be based on clear evidence, follow established legal procedures, and respect the constitutional rights afforded to all individuals.”

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  • DHS Formalizes Policy Screening Noncitizens’ Social Media

    DHS Formalizes Policy Screening Noncitizens’ Social Media

    The Department of Homeland Security is formalizing a policy to search the social media accounts of all foreign applicants for U.S. visas or other benefits, according to a memo issued Wednesday morning. 

    U.S. Citizenship and Immigration Services will collect applicants’ social media handles and scour their accounts for any “antisemitic activity.” Social media content “endorsing, espousing or promoting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic terrorist activity” is now “grounds for denying immigration benefit requests.”

    “This will immediately affect aliens applying for permanent resident status, foreign students and aliens affiliated with educational institutions linked to antisemitic activity,” the memo continued. 

    Secretary of State Marco Rubio proposed the policy last month, drawing criticism from free speech advocates. Others objected to the broad scope of the proposal, which included not just visa applicants but also current residents and green card holders. The new policy is just as broad.

    The news comes after weeks of escalating attacks on international students, many of whom have had their visas and legal resident status revoked for pro-Palestinian speech under an obscure legal clause that allows the secretary of state to determine if a visa holder is a “foreign policy threat.” An Axios report found that the State Department was already using artificial intelligence to scan student visa holders’ social media accounts looking for the allegedly antisemitic speech referenced in the new memo. 

    Many more students have had their visas revoked over minor criminal infractions; others have no clear understanding why their status was terminated. 

    An Inside Higher Ed analysis found that nearly 450 students have had their visas revoked as of Wednesday afternoon. Follow along with our interactive map and tracker. 

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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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