Employment

Employment-related Policy 

District Court Vacates and Declares USCIS Adjudication Hold Unlawful

June 5, 2026

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.

Most importantly, this includes the USCIS adjudication hold. This hold had paused the processing of immigration applications—such as green cards, work permits (including OPT and STEM OPT), and asylum—for...

Federal Judge Strikes Down $100,000 H1B Fee

June 9, 2026

On June 8, 2026 a federal judge in Massachusetts blocked President Donald Trump’s controversial $100,000 fee on employers sponsoring H-1B workers, ruling that the surcharge exceeded executive authority and amounted to an unlawful tax.

Judge Leo T. Sorokin held that the...

Presidential Proclamation - Restriction on Entry of Certain Nonimmigrant Workers

September 19, 2025

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:

The proclamation "does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States." In other words, international employees with a current...

Federal Government Shutdown

October 10, 2025

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:

Visa Issuance: During the lapse...

DHS Rule Ending Automatic EAD Extensions

October 30, 2025

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...

Hold and Review of all Pending Asylum Applications and all USCIS Benefit Applications Filed by Aliens from High-Risk Countries

December 3, 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:

Place a hold on all Forms I-589 (Application for Asylum and for Withholding of Removal), regardless of the alien’s country of...

Hold and Review of USCIS Benefit Applications Filed by Aliens from Additional High-Risk Countries

January 6, 2026

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 (...

3/03/17 - Temporary Suspension of H-1B Premium Processing

March 3, 2017

United States Immigration and Citizenship Services (USCIS) announced on Friday, March 3, 2017 that it will temporarily suspend premium processing for all H-1B petitions filed with USCIS on or after April 3, 2017. Read BIO's announcement on this change.