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  • Date:

    ACE Letter to the Department of Homeland Security on H-1B Weighted Selection Process Proposed Rule (Oct. 24, 2025)

    The American Counsil on Education (ACE) and 20 other higher education associations sent comments to the Department of Homeland Security (DHS) on the proposed rule “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions.” The letter notes the negative impact the rule would have on recently graduated international students, by reducing access to the H-1B visa program for early career professionals, including doctors who have recently graduated medical school and are entering residency programs. Additionally, ACE writes that the rule would limit the ability of institutions of higher education to recruit and retain international students, impacting those who wish to remain in the United States, and the U.S. economy at large. The letter concludes by asking the administration to withdraw the rule.

    Topics:

    Employment of Foreign Nationals | Faculty & Staff | Immigration

  • Date:

    ACE Letter to DHS on H-1B Visa Fee Increase (Oct. 23, 2025)

    The American Council on Education (ACE), along with 31 higher education associations, sent a letter to the Department of Homeland Security (DHS) asking for clarity on how the September 19 Presidential Proclamation “Restriction on Entry of Certain Nonimmigrant Workers” would be implemented and requesting that institutions of higher education be exempt from the new $100,000 fee for new H-1B visa applications.  

    Topics:

    Employment of Foreign Nationals | Faculty & Staff | Immigration

  • Date:

    Department of Justice Announces Agreement with the University of Virginia (Oct. 22, 2025)

    The Department of Justice (DOJ) announced a settlement agreement with the University of Virginia that effectively pauses pending investigations and ensures continued eligibility for federal grants and award in exchange for the universities commitment to comply with all federal civil rights laws including DOJ’s July 29, 2025 guidance letter “so long as that Guidance remains in force and to the extent consistent with relevant judicial decisions.”  The university is required to provide relevant information and data to DOJ on a quarterly basis through 2028, with the president of the university personally certifying compliance with the agreement. 

    Topics:

    Admissions | Discrimination, Accommodation, & Diversity | Diversity in Employment | Enforcement of Non-Discrimination Laws | Faculty & Staff | Race and National Origin Discrimination | Students

  • Date:

    ACE Comments to ICE on the Proposed Duration of Status Rule (Sep. 29, 2025)

    The American Council on Education (ACE) along with 51 other higher education associations wrote the U.S. Immigration and Customs Enforcement (ICE) expressing strong opposition to the proposed rule “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.” The letter expresses concern that if the proposed rule goes into effect, it will have a devastating impact on institutions, international students, and the entire U.S. economy. Specifically, the letter critiques the proposed four-year limit and extension of status (EOS) as unworkable for most students, and states that the four-year time frame should not apply to graduate students, or J-1 programs. The letter also takes issue with the “unreasonably brief” comment period, arguing the 30-day window is insufficient to provide a meaningful opportunity to comment on this significant regulatory proposal and its impact. 

    Topics:

    Employment of Foreign Nationals | Faculty & Staff | Immigration | International Activities | International Students | Study Abroad Programs

  • Date:

    CUPA-HR Data on H-1B Status for Faculty and Professionals (Sep. 29, 2025)

    The College and University Professional Association for Human Resources (CUPA-HR) published a compilation of data on the higher education workforce who hold H-1B visas in light of the recent Presidential Proclamation restricting the H-1B visa program. The data notably shows that nearly 3 out of every 100 faculty members currently have H-1B status and further details the types of positions those individuals hold at their respective institutions.  

    Topics:

    Employment of Foreign Nationals | Faculty & Staff

  • Date:

    Department of Homeland Security NPR on Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions (Sep. 24, 2025)

    The Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) that would make significant changes to the current lottery system used to award H-1B visas to employers subject to the annual cap. The NPRM proposes to implement a weighted selection process for H-1B registrations that would favor the allocation of H-1B visas to higher skilled and higher paid workers. If finalized, the new rule is likely to be implemented as part of the FY 2027 H-1B lottery, which begins in March 2026. (Currently, higher education institutions are exempt from the H-1B visa cap and lottery.) Comments on the proposal are due on or before October 24, 2025.  

    Topics:

    Employment of Foreign Nationals | Faculty & Staff

  • Date:

    Hook v. Rav, et al., (D.S.D. Sep. 24, 2025)

    Opinion and Order Granting Plaintiff’s Motion for Temporary Restraining Order. Plaintiff, a tenured professor at the University of South Dakota, brought a First Amendment retaliation claim against the President of the Board of Regents and other individual defendants after he received notice of an intent to terminate his contract following his online comments about the death of Charlie Kirk. The court found that because plaintiff was at home, off work, and on his private Facebook page, he “spoke as a citizen and his speech was on a matter of public concern.” Additionally, the court found that “defendants [] failed to put on evidence that [plaintiff’s] speech had an adverse impact on the efficiency of the [university’s] operations.” In granting a temporary restraining order, the court held that plaintiff had a fair chance of prevailing on his claim, because “the change in his employment status would ‘chill a person of ordinary fitness’ from continuing to engage in First Amendment activity.” The court ordered the university to reinstate plaintiff’s position retroactive to the date he received the notice and required plaintiff’s position to remain in effect until the preliminary injunction hearing. 

    Topics:

    Academic Freedom & Employee Speech | Constitutional Issues | Faculty & Staff | First Amendment & Free Speech | Social Media

  • Date:

    Barringer-Brown v. Southside Va. Cmty. Coll. (E.D. Va. Sep. 24, 2025)

    Opinion Granting in Part Defendants’ Motion to Dismiss. Plaintiff, a former professor and dean at Southside Virginia Community College proceeding pro se, sued the college for discrimination and retaliation under Title VII and defamation under state law following her termination after receiving negative feedback from her supervisor, which she maintained was “bogus and defective.” The court dismissed the college as it was not a proper party under Virginia law, and instructed the plaintiff to proceed instead against the Virginia Community College System. The court also dismissed plaintiff’s discriminatory discharge claim, finding she had failed to provide a “valid comparator” or any evidence to the contrary beyond her own “lengthy self-evaluation, and her defamation claim, finding the college had sovereign immunity. In allowing her retaliation claim to proceed, the court found that plaintiff’s filing of an EEOC charge falls under Title VII protected activity and may be pretext as she was terminated two weeks thereafter.  

    Topics:

    Discrimination, Accommodation, & Diversity | Employment Separation, RIFs, ERIPs & Retrenchment | Faculty & Staff | Retaliation

  • Date:

    Presidential Proclamation Providing Restriction on Entry of Certain Nonimmigrant Workers (Sep. 19, 2025)

    The President issued a Proclamation, “Restrictions on Entry of Certain Nonimmigrant Workers,” requiring a $100,000 payment to accompany any application for entry to the United States to perform services in a specialty occupation under an H-1B nonimmigrant visa. The proclamation states this restriction will be in place for 12 months from its effective date. The White House cited concerns that the current H-1B program has been “deliberately exploited” to replace American Workers with lower-paid and lower-skilled labor, artificially suppressing wages. On September 21, 2025 the White House published a FAQ clarifying that the new $100,000 fee will apply only to new H-1B applications and that it does not prevent current H-1B visa holders from traveling in and out of the United States. 

    Topics:

    Employment of Foreign Nationals | Faculty & Staff

  • Date:

    High-Level Guidance to Submit Comments on the DHS Proposed Rule to End Duration of Status (Sep. 18, 2025)

    The American Council on Education (ACE) in collaboration with other higher education partners, developed guidance to help institutions interested in submitting comments on the Department of Homeland Security’s proposed duration of status rule. The guidance goes over six key points for comments, encouraging drafters to work with the appropriate stakeholders at their respective institutions. Comments are due by September 29, 2025.

    Topics:

    Employment of Foreign Nationals | Faculty & Staff | Immigration | International Activities | International Students | Study Abroad Programs

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