1/09/2026

Updates on H-1B Visa Changes and Legal Challenges

Dear Erica,

 

Happy New Year! I hope the winter break passed peacefully, and you found some joy and rest. As for me, I was reacquainted with the magic of coastal Maine with a blanket of snow on the ground. I know there is no shortage of things to be concerned about these days, I hope you’ll spend a little time with me feeling proud of what we did in 2025 (we sent more than 60,000 messages to Congress last year!) and commit to keeping up the good work in 2026.

 

As ever, NAFSA CEO Fanta Aw does an elegant job of putting into words both the path we traveled last year and why our work matters ever more in the year ahead. I invite you to read her blog post. One sure-fire way to feel the strength of our community and the satisfaction that comes with action is to register for Advocacy Day!

 

For another dose of inspiration, be sure to sit with Stuart Anderson’s profile of The Most Inspiring Immigration Stories of 2025. Seeking other positive news? This Chronicle of Higher Education story describes how Congress has risen to defend funding at three key scientific agencies, effectively rejecting the White House’s effort to slash appropriations for essential scientific research.

 

In other regulatory news, NAFSA submitted a comment letter in response to the USCIS proposed rule to expand biometric collection on December 22. Learn more about the rule and read NAFSA’s comment on our website.  On December 29, U.S. Citizenship and Immigration Services published its final rule, Weighted Selection Process for Registrants and Petitions Seeking to File Cap-Subject H-1B Petitions. The rule, which goes into effect February 27, replaces the random lottery for H-1B skilled-worker visas with a selection system that gives more weight to workers with more experience and higher salaries. NAFSA’s concern about the implications of the change was carried in a recent story by the Study Travel Network.

 

On December 23, a federal judge ruled that the current administration has the authority to impose a $100,000 fee for obtaining a new H-1B visa. The plaintiffs in the case, the U.S. Chamber of Commerce and Association of American Universities, are appealing that decision.

 

Lastly, despite our vigilance (or maybe because of it!), there were no new developments regarding Duration of Status or Optional Practical Training during the holiday break. Of course, we’ll continue to monitor and alert you to any changes.

 

WHAT YOU CAN DO:

  • Register for NAFSA’s (virtual) Advocacy Day and bring a friend!
  • Help us find the 2026 NAFSA Advocate of the Year!

Thank you for your readership and partnership in 2026. More to come.

 

Best,

Erica

 

Erica Stewart

Senior Director, Advocacy & Strategic Communications

NAFSA: Association of International Educators

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NAFSA: Association of International Educators
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