News

On Monday September 14, 2026, the United States District Court in the District of Massachusetts issued a ruling on the enforceability of the Rule entitled “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media,” published in the Federal Register on July 17, 2026. 

On Wednesday August 12, 2026 BIO received a Guidance Memo from Immigration and Customs Enforcement (ICE) related to the liability of school officials when processing applications for Curricular Practical Training (CPT).  The memo outlines stricter criteria for CPT authorization and highlights significant personal legal liability for Designated School Officials (DSOs), as well as potential risks to an institution's SEVP certification for non-compliant approvals.

On August 5, 2026, U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance to enforce stricter evidence standards at the time of filing, aiming to curb "frivolous" filings and streamline application processing.

On July 17, 2026, the Department of Homeland Security (DHS) published a final rule in the Federal Register titled “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.”

Updated 6/16/2026: On June 12, 2026, a federal district court in Massachusetts temporarily paused its previous June 8 order that had blocked the $100,000 H-1B fee. As a result of this update, U.S. Citizenship and Immigration Services (USCIS) is once again authorized to require the fee for H-1B petitions that are filed for or are only approvable for consular notification.

 On Friday, June 5th 2026, a federal judge in Rhode Island, Judge McConnell, issued a decision officially ruling unlawful four recent U.S. Citizenship and Immigration Services (USCIS) policies.

On May 22, USCIS announced a new policy on Adjustment of Status reaffirming that Adjustment of Status is considered a discretionary benefit rather than an entitlement. The memo does not appear to ban adjustment of status applications nor does it create new eligibility requirements.

On January 14, 2026 the U.S. Department of State posted an announcement relating to a pause in the processing of immigrant visas that will take effect on January 21, 2026.

Who is impacted?

On January 1, 2026, USCIS issued an additional Policy Memorandum: Hold and Review of USCIS Benefit Applications Filed by Aliens from Additional High-Risk Countries to include the additional countries listed in the December 16th, 2025 Expanded travel ban (

On December 16, 2025, President Trump issued a new and expanded Travel Proclamation - Restricting and Limiting the Entry of Foreign Nationals To Protect The Security Of The United States.

On December 4th we shared that the Department of State (DOS) announced it will expand its online presence review requirement to all H-1B principal applicants and H-4 dependents, effective December 15, 2025.

On December 3, 2025, the Department of State (DOS) announced that it will expand its online presence review requirement to all H-1B principal applicants and H-4 dependents, effective December 15, 2025.

On December 2, 2025 USCIS issued a new Policy Memorandum: Hold and Review of all Pending Asylum Applications and all USCIS Benefit Applications Filed by Aliens from High-Risk Countries.

Effective immediately, the memorandum directs U.S. Citizenship and Immigration Services (USCIS) to:

The Department of Homeland Security (DHS) has issued an Interim Final Rule (IFR) that ends the practice of automatically extending the validity of Employment Authorization Documents (EADs) for aliens who timely file a renewal application in certain eligibility categories, effective on October 30, 2025. For renewal EAD applications (Form I-765) filed on or after October 30, 2025, the current up-to 540-day automatic extension w

On October 1, 2025, a federal government shutdown began, due to Congress failing to pass legislation to fund the government for the new fiscal year (FY 2026). A U.S. government shutdown can have a range of impacts on international students, scholars, and employees at UC Berkeley, primarily by disrupting the operations of key federal agencies responsible for immigration. The severity of the impact generally depends on the duration of the shutdown, as well as how those agencies are funded. Some of these impacts may include the following:

On September 24, 2025, the Department of Homeland Security (DHS) proposed a rule to change the H-1B lottery system from a purely random selection process to a weighted selection process based on the worker's proposed wage level. The proposed rule, titled "Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions," aims to encourage employers to offer higher wages

Updated 10/20/2025: USCIS has updated its web page on H-1B Specialty Occupations to include updated information on the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers. Some notable confirmations include:

On September 6, 2025 the U.S. Department of State posted a notice indicating that, effective immediately, applicants for visas were to follow new guidance: