F, I and J Visa Proposed Rule on Duration of Status (D/S)
On August 28, 2025 the Department of Immigrations and Customs Enforcement (ICE) released a proposed rule [DHS Docket No. ICEB-2025-0001-0001] to change the duration of status (D/S) from the allowing international students to stay in the U.S. Previously, students were allowed to stay for the duration of their educational program, the proposed rule would change the stay to a set period of four years, with the requirement for renewal for programs lasting long. This proposed rule is a slight change to one proposed in September 2020 which sought to change D/S to two and four year terms depending on the academic program an individual was enrolled in. That proposed rule was withrawn on July 6, 2021.
The comment period for this proposed rule closed on September 29, at 11:59pm. A total of 21,924 comments were submitted.
BPS Action: BPS signed onto a letter by the Institute for Progress (IFP) and drafted a stand-alone comment letter to submit before the end of the comment window. We are currently awaiting the review and determination by ICE on whether the proposed rule will be implemented.
H-1B Visa Fee Structure Change
On September 19, 2025 the White House implemented a change in fee structures for H-1B visa applications. The new structure would require an upfront fee of $100,000 for each application with the potential for the Secretary of Homeland Security to allow exemptions at ‘his/her discretion.’ The new pricing structure took effect on September 21 and immediately applies to all new H-1B applications. At this time, renewals are not subject to the new fee structure, but it remains unclear if an individual renewing an application and changing jobs would be subject to the change in fees. While the White House stated this change was made to address overuse of H-1B visas in the field of technology, it does have major ramifications for scientists and physicians.
BPS Action: At this time BPS is monitoring pathways to narrow the scope of this change to focus on the intended industry it was aimed at and eliminate the unintended consequences for academia.
H-1B Visa Proposed Rule on Weighted Selection Process
On September 24, 2025 the , U.S. Citizenship and Immigration Services (USCIS) released a proposed rule [DHS Docket No. ICEB-2025-0040] to adjust the H-1B visa registration and selection process to move from a purely random lottery to a weighted selection system based on wage levels.
Under the current system, U.S. Citizenship and Immigration Services (USCIS) randomly selects unique beneficiaries from properly submitted electronic registrations. Under the proposed rule, DHS would instead assign each registration a weight according to the Occupational Employment and Wage Statistics (OEWS) wage level associated with the offered job:
- Level IV: 4 entries in the selection pool
- Level III: 3 entries
- Level II: 2 entries
- Level I: 1 entry
Each beneficiary would still count only once toward the annual H-1B cap. This change would apply to both the regular cap and the advanced degree exemption and would also clarify procedures when the registration system is suspended.
The goal is to incentivize employers to offer higher wages and seek higher-skilled workers. However, the proposed system would unintentionally harm early career researchers who bring a high level of skill, but not necessarily the wage to reflect to ensure a higher-level ranking under the new system.
The comment window for this rule is November 24 at 11:59pm.
BPS Action: We are currently reviewing the proposed rule and will craft a response to reflect the concerns of the research community, as well as consider any joint letters in line with our stated position.