Tag: Updates

  • College parents speak out in new survey: Weekly updates, mental health info and more access needed

    College parents speak out in new survey: Weekly updates, mental health info and more access needed

    As colleges nationwide double down on enrollment, retention, and student success strategies, one key voice is becoming harder to ignore: the family. According to the 2025 Current Families Report released by CampusESP, families want more updates, more access, and more say in the college journey, and they’re increasingly dissatisfied when they don’t get it. In addition, when parents do receive the information they need to support their student, research shows significant gains in student yield and retention.

    The survey, conducted across 81 colleges and universities and with more than 32,000 parents and supporters of current students, is the most comprehensive look at family engagement to date. And the findings are impossible to miss.

    Mental health, money, and mentorship

    Nearly half of all parents talk to their student daily, with the number jumping to over 60% for low-income and first-generation households. These families aren’t just chatting about weekend plans — they’re offering support on mental health (53%), academic advice (57%), and student life (69%).

    “Parents aren’t bystanders — they’re active advisors,” says the report. “And they need the right tools to guide their students.”

    Communication expectations are high

    A staggering 77% of families want to hear from their student’s college weekly or more, up 12% in just four years. While email is still the go-to channel, the demand for text messaging is surging, especially among Black, Hispanic, low-income, and first-gen families.

    However, a gap remains: 48% of families prefer text, but only 28% of colleges offer it.

    Trust wavers without transparency

    Families are becoming more skeptical about the return on their tuition investment. Only 59% say college is worth the cost — a sharp drop from 77% the year before. Their #1 request? More info on career services and job placement, which ironically ranked lowest in satisfaction.

    Families want in, but feel left out

    Even when they receive a high number of communications from their student’s college, families still feel sidelined. Just 46% are satisfied with their opportunities to get involved on campus, down from 63% last year. And only 30% feel they have good ways to connect with other families.

    Yet the desire is there: 38% want to be more involved, and 22% say they’re more likely to donate to their student’s college than their own alma mater.

    Financial aid frustration runs deep

    Navigating costs is a pain point. 59% say it’s hard to pay for college, and only 25% found financial aid information easy to understand.

    And with confusion comes attempts at self-education. Nearly half of families rely on their student’s login to access key financial records—posing serious data privacy concerns.

    The report confirms what many enrollment leaders have long suspected: families aren’t just part of the support system — they are the support system. The challenge for institutions? Reaching them with the right information, in the right format, at the right time.

    “Family engagement isn’t optional — it’s a strategic advantage,” the report concludes.

    Download the full 2025 Current Families Report from CampusESP to explore the findings and access actionable strategies for turning family influence into institutional success.

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  • USCIS Updates Form I-9 Language

    USCIS Updates Form I-9 Language

    by CUPA-HR | April 8, 2025

    On April 2, the U.S. Citizenship and Immigration Services (USCIS) announced minor changes to the Form I-9 to align with statutory language. The changes update language in the document that was included in previous editions of the Form I-9 released under the Biden administration.

    The new Form I-9 changes the language in Section 1, checkbox 4 from “A noncitizen authorized to work” to “an alien authorized to work” (italicized for emphasis). Additionally, USCIS announced that E-Verify and E-Verify+ have updated the Citizenship Status selection during case creation. Specifically, the selection “a noncitizen authorized to work” is updated to “an alien authorized to work.” In previous editions of the Form I-9 and in the E-Verify case creation process, the Biden administration’s USCIS changed the language from “alien” to “noncitizen” in this checkbox to align with an internal memo issued by the administration in April 2021 aiming to change the language used by agencies when talking about immigrants.

    The new Form I-9 from the Trump administration also updates the descriptions of the documents accepted under List B to say “sex” instead of “gender.” This change aligns with another April 2 announcement from USCIS about updates to its Policy Manual to clarify that the agency will only recognize two biological sexes, male and female, consistent with the Trump administration’s executive order, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” In the USCIS announcement on sex, the agency states that it would not deny benefits “solely because the benefit requestor did not properly indicate his or her sex” but that the agency would not issue documents with a blank sex field or with a sex different from the sex assigned at birth.

    The new Form I-9 from the Trump administration, known as the January 20, 2025, edition, is valid through May 31, 2027. Previous editions of the Form I-9 that include language from the Biden administration are still valid as well, including two editions from August 1, 2023, that have expiration dates on July 31, 2026, and May 31, 2027. Employers may continue to use the previous Form I-9 editions through their expiration dates; however, employers using the August 1, 2023, edition with the July 2026 expiration date in an electronic system are required to update their system with the Form I-9 expiring in May 2027 by July 31, 2026.

    CUPA-HR will continue to monitor for updates related to the Form I-9 and E-Verify.



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  • What’s New at InsightsEDU 2025? Key Updates You Won’t Want to Miss

    What’s New at InsightsEDU 2025? Key Updates You Won’t Want to Miss

    With InsightsEDU 2025 just around the corner, we’re excited to share some of the key updates and new features coming to this year’s conference, happening February 12-14, 2025 in New Orleans, Louisiana. As the premier conference for higher education marketing and enrollment management, this year’s event promises to be our most engaging yet. Attendees can expect immersive experiences, innovative sessions, and exceptional speakers, all aimed at equipping higher education leaders with the skills and strategies needed to serve today’s Modern Learners. From the welcome reception to our new customized workshop experience, InsightsEDU 2025 is full of exciting opportunities. Read on to see what’s in store!

    This year, we’re embracing the vibrant culture of New Orleans with the Bourbon Street Bash, a celebration that will give attendees the perfect opportunity to unwind, network, and experience NOLA in style. The evening will kick off with a second-line parade, leading attendees through the historic streets of New Orleans to the iconic Bourbon Vieux venue. With a live jazz performance, this event promises to be a memorable way to start an exciting conference experience with the higher ed community.

    For the first time, InsightsEDU is offering a hands-on, interactive workshop led by Dr. Jodi Blinco, Vice President of Enrollment Management Consulting at EducationDynamics.

    The workshop, “Unlocking Enrollment Success: A Customized Consulting Workshop Experience,” is designed specifically for higher education leaders who want to explore the complexities of enrollment models. The workshop provides an opportunity to enhance strategies for attracting, enrolling, and retaining students.

    This session will foster focused discussions, tailored insights, and actionable takeaways, allowing attendees to apply the knowledge gained from the conference directly to their own enrollment strategies.

    This year, we are excited to welcome Po-Shen Loh, an acclaimed entrepreneur, mathematician, and Carnegie Mellon University professor, to the InsightsEDU stage.

    His keynote session, “The Power of Reinvention: Unlocking Innovation to Inspire Action,” will challenge attendees to rethink problem-solving, leadership, and innovation in the ever-evolving higher education landscape. Drawing from his diverse experiences in academia and social entrepreneurship, Po-Shen Loh will explore how institutions can apply startup strategies to innovate and create programs that resonate with students’ needs. His unique experiences throughout higher ed and entrepreneurship make him uniquely qualified to address the conference’s innovative goals and inspire strategies for institutions looking to drive meaningful change.

    Expect to hear from top industry leaders at InsightsEDU, with companies such as EY Parthenon, Slate, Google, Meta, and Reddit, joining to share their expertise in digital engagement, advertising, and marketing strategies. These sessions will help institutions stay ahead of emerging trends, enhance their online presence, and develop strategies to connect with students in innovative ways. Attendees will gain exclusive insights into how leading platforms are shaping the future of student engagement and higher education marketing.

    With RW Jones Agency recently becoming a part of the EducationDynamics team, InsightsEDU 2025 will feature even more expert-led sessions and strategic insights. RW Jones Agency’s expertise in public relations, crisis communications, and higher education marketing is sure to provide valuable perspectives for attendees.

    Here are some of the key sessions featuring RW Jones Agency’s team:

    • A Roadmap to Marketing Transformation: Learn how to implement a marketing maturity model to enhance strategy, optimize resources, and gain real results for your MarCom division. This session will provide insights from experienced professionals who have successfully implemented maturity models to drive impactful results at institutions.
    • A Behavior-Informed Approach to Prospective Student Engagement: Discover how student personas can transform outreach efforts. Building on insights from a recent nationally representative survey of high schoolers, this session explores students’ primary motivations and factors surrounding decision making, offering key insights for higher ed marketers, communicators, and enrollment leaders.
    • Lights, Camera, Connections: How to Produce Compelling Videos That Connect: Join Karolyn Pearson, a former network news producer, and Morgan Aguilar, a former TV reporter, for an exciting session on crafting engaging and authentic visual storytelling to captivate student audiences and enhance your institution’s brand.
    • The Art and Science of Why People Care: Learn how to create audience-centered messaging that aligns with students’ values, increases engagement, and builds lasting relationships while authentically marketing your brand.
    • From Interest to Enrollment: Building Real Student Connections on Social Media: Explore the latest tactics and insights to address an evolving social media landscape and cater to Gen Z and Millennial audiences. This session will explore the latest trends, engagement strategies, and creative tools to foster meaningful interactions on social media that lead to enrollment.

    With an impeccable lineup of sessions, RW Jones Agency’s expertise will provide valuable new perspectives at InsightsEDU 2025, ensuring that attendees leave with actionable strategies to better connect and serve Modern Learners.

    With immersive experiences, groundbreaking discussions, and an incredible lineup of speakers and sessions, this year’s conference is shaping up to be the best one yet. Whether you’re looking to refine your enrollment strategy, explore new marketing tactics, or simply connect with industry leaders, InsightsEDU 2025 is the place to be for higher education professionals.

    We look forward to seeing you at InsightsEDU 2025!

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  • DOL Increases Overtime Minimum Salary Threshold to $58,656 in Final Rule, Implements Automatic Updates – CUPA-HR

    DOL Increases Overtime Minimum Salary Threshold to $58,656 in Final Rule, Implements Automatic Updates – CUPA-HR

    by CUPA-HR | April 23, 2024

    On April 23, the Department of Labor (DOL) issued the highly anticipated final rule to alter the overtime pay regulations under the Fair Labor Standards Act (FLSA). The rule increases the minimum salary threshold to $43,888 on July 1, 2024, and then to $58,656 on January 1, 2025. The rule also implements automatic updates to the threshold that will occur every three years. Institutions will need to make all necessary adjustments by July 1, 2024, in order to be in compliance with the final rule.

    The department clarified that the first increase updates the minimum salary threshold using the department’s current methodology, which was used in the 2019 Trump-era overtime rulemaking to set the current standard of $35,568. The second increase then implements the department’s new preferred methodology, which sets the minimum salary threshold to the 35th percentile of weekly earnings of full-time salaried workers in the lowest wage census region. This phased-in implementation will likely impact how litigation challenging the rule is both pursued and decided over the next six months.

    In September 2023, DOL issued its proposed rule to update the minimum salary threshold, which sought to increase the threshold from its current level of $35,568 annually to $60,209 — a nearly 70% increase. The proposed rule also sought to implement triennial automatic updates based on the 35th percentile.

    CUPA-HR submitted comments in response to the proposed rule and participated in a meeting with DOL and officials from the White House Office of Information and Regulatory Affairs (OIRA) to express our concerns with the proposal. In both the comments and OIRA meeting, CUPA-HR made the four following recommendations for DOL to consider before issuing their final rule:

    1. DOL should not update the salary threshold at this time.
    2. DOL should lower the proposed minimum salary threshold and account for room and board.
    3. DOL should not implement automatic updates to the salary threshold.
    4. DOL should extend the effective date of any final rule implementing a higher salary threshold.

    Lawsuits challenging the final rule are forthcoming. In the meantime, CUPA-HR will be hosting a webinar on May 8 covering the provisions of the final rule and its impact on higher education. Registration is open and free to all.



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  • Bridging 2023 and 2024: Key U.S. Immigration Updates From December – CUPA-HR

    Bridging 2023 and 2024: Key U.S. Immigration Updates From December – CUPA-HR

    by CUPA-HR | January 11, 2024

    December was a busy month for immigration-related developments, with several important updates that have implications for the higher education sector. In this post, we provide highlights of the actions that took place last month.

    CUPA-HR Joins Comments to DHS on H-1B Modernization NPRM

    On December 22, 2023, CUPA-HR and 19 other higher education associations joined comments led by the American Council on Education (ACE) in response to the Department of Homeland Security’s (DHS) H-1B Modernization Proposal. Additionally, CUPA-HR joined 73 organizations from the higher education, state and local economic development, business, science, and policy sectors to submit a comment in response to the H-1B Notice of Proposed Rulemaking’s (NPRM) proposed definition for specialty occupations.

    The ACE-led letter expresses support for several of the proposed changes. These include the change to a beneficiary-centric lottery system, codifying DHS policy of deference to prior adjudications of Form I-129 petitions, clarifying the term “normally” in specialty occupation criteria, and implementing an automatic extension for CAP-GAP. (CAP-GAP is the time between the official end-date of an F-1 student visa and the start date of the H-1B visa). However, the letter also expresses concerns about proposed changes to the definition of a “specialty occupation” and “specific specialty requirement” in the H-1B visa program. The concerns highlight the potential limitation on the ability to attract diverse candidates for faculty positions and the narrowing pipeline for growth in high-technology fields, which could deter foreign students and hinder research and innovation in the United States. The letter calls for a reconsideration of these proposed changes to ensure that H-1B visa regulations align with the evolving dynamics of professional education and the modern workforce.

    In the multi-sector comment letter, CUPA-HR joined voices to address concerns over the H-1B NPRM’s proposed redefinition of “specialty occupations.” This diverse coalition raised issues about the potential negative impacts of these changes on interdisciplinary hiring, particularly in emerging science and technology fields. They argued that the new requirements, like the need for a degree to be “directly related” to job duties, could limit U.S. competitiveness in global innovation and create challenges for employers.

    Now that the comment period has concluded, the DHS will begin the process of reviewing the feedback received. As the department moves toward finalizing the proposals within this rulemaking, they may issue one or more final rules, depending on the availability of agency resources. CUPA-HR will continue to closely monitor these developments and keep its members informed of all significant updates and outcomes.

    State Department Announces Extension and Expansion of the Nonimmigrant Visa Interview Waiver Program

    On December 21, 2023, the Department of State (DOS) determined that, in consultation with DHS, certain categories of interview waivers are in the national interest. As a result, consular officers will continue to have the authority and discretion to waive an in-person interview for certain categories of nonimmigrant visa cases, with some changes made by DOS.

    This update includes the following key changes.

    • First-time H-2 Visa Applicants: Temporary agricultural and non-agricultural workers applying for H-2 visas are now eligible for an interview waiver.
    • Extended Eligibility for Other Visa Applicants: The waiver also applies to applicants for any nonimmigrant visa classification who have previously been issued a visa other than a B visa and are reapplying within 48 months of their last visa’s expiration.
    • Renewal Policy Unchanged: Applicants renewing their nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date continue to be eligible for the interview waiver.

    The department’s previous interview waiver eligibility criteria were set to expire on December 31, 2023. Not only has the program been extended as of January 1, but it now also includes more nonimmigrant categories. Notably, the current guidance is intended to remain in place indefinitely, as no expiration date has been specified.

    DOL Issues Request for Information on PERM Schedule A Revisions

    On December 21, 2023, in alignment with President Biden’s Executive Order 14110 on Artificial Intelligence, the Department of Labor’s (DOL) Employment and Training Administration (ETA) issued a Request for Information (RFI) that aims to gather public feedback on potential updates to Schedule A job classifications that exempt certain roles from the standard labor certification requirements. Specifically, the DOL is exploring the inclusion of AI, other STEM-related occupations, and additional fields where there is a notable shortage of qualified U.S. workers.

    According to the Immigration and Nationality Act’s labor certification provisions, employers are obligated to demonstrate that there are insufficient U.S. workers available and that hiring foreign nationals will not adversely affect the wages and working conditions of similar U.S. roles. This process is managed through the Program Electronic Review Management (PERM) system by the ETA. Employers seeking labor certification for prospective permanent immigrant workers must navigate a complex and time-consuming process, often extending the immigration timeline.

    Schedule A, established by the DOL in the mid-1960s, pre-certifies occupations experiencing national labor shortages, thereby waiving the labor certification requirement for these roles. Currently, Schedule A is divided into two groups: Group I comprises physical therapists and professional nurses, and Group II includes occupations that require exceptional ability in the sciences, arts, or performing arts. With this RFI, the DOL aims to critically examine and potentially broaden Schedule A’s scope, a move that could accelerate the hiring of essential foreign talent by aligning with evolving labor market demands and streamlining the employment authorization process.

    Key areas where the department seeks input include the following.

    1. Identifying Labor Shortages in STEM: The department invites suggestions on the most appropriate data sources and methods to ascertain whether there are labor shortages in STEM occupations. They are interested in understanding if Schedule A should be utilized to mitigate these shortages and how to develop a reliable, objective, and transparent method to identify STEM occupations facing labor shortages.
    2. Scope of STEM Occupations: There’s a need for input on whether the examination of STEM occupations should be limited to those outlined in the Occupational Employment and Wage Statistics and recent Bureau of Labor Statistics publications, or whether it should be broadened to include additional occupations, particularly those covering Skilled Technical Work occupations.
    3. Inclusion of Non-STEM Occupations: The department is also open to suggestions on whether non-STEM occupations facing worker shortages should be added to Schedule A. Input is sought on how to determine such shortages and ensure that the employment of foreign workers in these roles does not negatively impact U.S. workers.

    Comments in response to the RFI are due on February 20, 2024.

    U.S. Department of State Announces Pilot Program for Domestic Renewal of H-1B Visas

    On December 21, 2023, DOS announced a pilot program to resume domestic visa renewal for H-1B nonimmigrant visa applicants who meet certain requirements. It offers eligible H-1B visa holders the chance to renew their visas within the U.S., bypassing the need for an in-person interview at a consulate or embassy. DOS will start accepting online applications for the H-1B visa renewal pilot program on January 29, 2024.

    Eligibility for the U.S. Department of State’s H-1B visa renewal pilot program is defined by a set of specific criteria:

    • Visa Classification and Issuance: The program is strictly for those looking to renew an H-1B visa. Eligible visas must have been issued by Mission Canada (from January 1, 2020, to April 1, 2023) or Mission India (from February 1, 2021, to September 30, 2021).
    • Fee and Interview Requirements: Applicants should not be subject to a nonimmigrant visa issuance fee, often referred to as a “reciprocity fee,” and must be eligible for a waiver of the in-person interview.
    • Biometric and Visa Status: Participants must have previously submitted ten fingerprints for a visa application, and their prior visa should not include a “clearance received” annotation. Additionally, they must not have any visa ineligibilities requiring a waiver.
    • Petition and Status Maintenance: It’s essential that applicants have an approved, unexpired H-1B petition, are currently maintaining H-1B status in the U.S., and their period of authorized admission in this status has not expired.
    • Travel and Reentry Intent: Applicants must have been last admitted to the U.S. in H-1B status and intend to reenter the U.S. in the same status after temporary travel abroad.

    Background and Objectives. The pilot is a response to the discontinuation of domestic non-diplomatic visa renewals in 2004 due to the requirement for biometric identifiers. With advancements in technology, the DOS is now looking to assess its capacity to handle domestic renewals and reduce global visa application backlogs. This pilot is particularly aimed at alleviating uncertainties for U.S. companies employing temporary H-1B workers.

    Application Process:

    • Application Portal: U.S. Visa Employment Domestic Renewal.
    • Slot Allocation: Approximately 4,000 slots will be available weekly, split between applicants with visas issued by Mission Canada and Mission India.
    • Application Dates: January 29, February 5, 12, 19, and 26. The portal will close temporarily once weekly caps are reached.
    • Application Window: The program will close on April 1, 2024, or when all slots are filled, whichever is earlier.

    Currently, the program excludes categories like H-4 visas. The DOS plans to extend the program to more visa types in the future, but for now, it’s limited to H-1B principal applicants meeting the specified criteria.



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  • Labor and Employment Policy Updates — October 2022 – CUPA-HR

    Labor and Employment Policy Updates — October 2022 – CUPA-HR

    by CUPA-HR | October 22, 2022

    As the 2022 midterm election nears, Congress has turned its focus to campaigning and essentially halted legislative action until after the election. Despite the lack of activity from Congress, federal agencies have continued to push forward with anticipated regulatory actions in the labor and employment policy area. This blog post details some of the regulatory activity CUPA-HR is currently monitoring, as well as a stalled nomination for a top position at the Department of Labor (DOL).

    NLRB Joint Employer Rule

    On September 7, the National Labor Relations Board (NLRB) issued a notice of proposed rulemaking (NPRM) on the joint employer standard. Generally speaking, the NPRM proposes to expand joint employer status to entities with indirect or reserved control over essential terms and conditions of employment.

    The NPRM establishes joint employer status of two or more employers if they “share or co-determine those matters governing employees’ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment and work rules. According to the NLRB’s press release, the Board “proposes to consider both direct evidence of control and evidence of reserved and/or indirect control over these essential terms and conditions of employment when analyzing joint-employer status.”

    Comments in response to the proposal were originally due November 7, but after stakeholders requested an extension to the filing deadline the Board extended the comment period to December 7.

    Independent Contractor Rule

    On October 13, the DOL published an NPRM to rescind the current method for determining independent contractor status under the Fair Labor Standards Act. The current test finalized by the Trump administration in 2021 has two core factors of control and investment with three additional factors (integration, skill and permanency) that are relevant only if those core factors are in disagreement. The Biden rule proposes a return to a “totality-of-the-circumstances analysis” of multiple factors in an economic reality test, including the following six factors, which are equally weighted with no core provisions:

    • The extent to which the work is integral to the employer’s business;
    • The worker’s opportunity for profit or loss depending on managerial skill;
    • The investments made by the worker and the employer;
    • The worker’s use of skill and initiative;
    • The permanency of the work relationship; and
    • The degree of control exercised or retained by the employer control.

    Comments in response to the NPRM are due November 28.

    Jessica Looman Nomination

    On September 13, the Senate Health, Education, Labor and Pensions (HELP) Committee held a hearing on the nomination of Jessica Looman to serve as Administrator of the DOL’s Wage and Hour Division (WHD). Looman was officially nominated for the position in July 2022, months after Biden’s previous nominee David Weil failed to receive 50 votes to clear the Senate floor and become the WHD Administrator.

    Looman has not yet had a committee vote to move her nomination to a full Senate floor vote. It is unclear when a Senate HELP vote will take place, but is likely to come after the election in November. Regardless of the timing on a vote, Looman continues to carry out the WHD’s rulemaking agenda in her current role as the Principal Deputy Administrator.

    CUPA-HR will keep members apprised of any updates relating to the rulemakings and nomination discussed above.



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  • August Recess Roundup: Congressional and Regulatory Updates – CUPA-HR

    August Recess Roundup: Congressional and Regulatory Updates – CUPA-HR

    by CUPA-HR | August 22, 2022

    When August arrives, Congress leaves D.C. and heads to their home districts for the annual August recess period. To keep CUPA-HR members apprised of recent and future actions on the Hill and in federal agencies, here are highlights of the latest actions by Congress, nominations they’ll have to consider when they return, and regulations that may be issued throughout the month.

    Legislative Updates

    On August 16, President Biden signed the Inflation Reduction Act into law following its passage, along partisan lines, in both the U.S. Senate and House of Representatives. The Inflation Reduction Act, which is a slimmed down version of the reconciliation bill Democrats have been pushing for, focuses on policies to mitigate the impacts of climate change, reduce healthcare costs and increase tax revenue to reduce the federal budget deficit. This reconciliation bill was narrowed down from the “Build Back Better” agenda, a step necessary to gain support from Senators Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) to get the bill over the 50-vote threshold. Notably, the final package did not include “Build Back Better” provisions like paid leave, universal community college and childcare.

    Additionally, on August 9, President Biden signed the CHIPS and Science Act, which provided new funding to boost U.S. investments in research and manufacturing of semiconductors. With respect to the research investments, the bill includes a five-year, $81 billion authorization of the National Science Foundation to go toward research funding. Additionally, the bill provides new funding to historically black colleges and universities and other minority-serving institutions, and for STEM programs at colleges and universities.

    Nominations Awaiting Confirmation

    On July 27, President Biden announced Jessica Looman as the new nominee for the Department of Labor (DOL)’s Wage and Hour Division Administrator. Looman has been serving as acting administrator for the agency since June 2021. Her nomination replaces Biden’s previously withdrawn nomination of David Weil, who failed to garner enough support in the Senate to be confirmed. Looman’s nomination will have to go through the Senate Health, Education, Labor and Pensions (HELP) Committee prior to going to the Senate floor for a full vote. Timing on both votes are uncertain at this point.

    Additionally, Kalpana Kotagal’s nomination for the Equal Employment Opportunity Commission (EEOC) continues to be held up in the Senate. In May, the Senate HELP Committee deadlocked on a vote to move her nomination to the full Senate, which means the full Senate will have to vote to advance her nomination out of committee — a logistical hurdle in a 50-50 Senate with sparse time on their legislative calendar. The result of this hold up means the EEOC will continue to operate with a Republican majority as federal statute allows Republican Commissioner Janet Dhillon, whose term expired in July, to remain an active member of the EEOC while her successor’s nomination is pending. If and when nominee Kotagal is confirmed, she will replace Commissioner Dhillon and tip control of the EEOC to a 3-2 Democratic majority. Her confirmation vote is also uncertain at this point.

    Regulatory Updates

    Though not guaranteed, there may be several proposals and final regulations that may be released by the Department of Education, the DOL and other relevant agencies throughout the month. Some of these include the expected proposed rule on Form I-9 remote verification flexibilities from the Department of Homeland Security, which has already had its review completed by the White House; a proposed rule on independent contractor classification, which was sent to the White House for review in July; and a final rule on the Deferred Action for Childhood Arrivals program, which has a target release date set for August.

    In addition to these proposed and final rules CUPA-HR is waiting to be released, the Department of Education is still undergoing its notice-and-comment period for the Title IX proposed rule that was released in June. CUPA-HR is assessing the proposal and will put together comments in response to the proposed rule. Comments are due September 12.

    CUPA-HR will keep members apprised of legislative and regulatory actions as August recess continues and we move into the fall.



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