Employment

Employment-related Policy 

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...

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...

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...

H-1B Visa Appointment Rescheduling and Delays

December 9, 2025

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. DOS previously issued a similar directive that...

Expansion of Online Presence Review for H-1B Applicants and H-4 Dependents

December 5, 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. DOS previously issued a similar directive that applied...

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.

4/18/17 - Executive Order: Buy American and Hire American

April 18, 2017
President Trump issued an Executive Order titled Buy America and Hire American, of which the "Hire American" provisions call on the Secretary of State, the Attorney General, the Secretary of Labor and the Secretary of Homeland Security to "propose new rules and issue new guidance", and "suggest reforms to help ensure that H-1B visas are awarded to the most skilled or highest-paid petition beneficiaries." **However, the EO provided no specific changes to any existing regulations, rules and policies.**

3/28/2018- Updates on H-1B Premium Processing

March 28, 2018
H1-B Premium Processing continues to be available for UC Berkeley sponsored H-1B petitions, as the University is not subject to the FY 2019 cap. Premium processing will be suspended temporarily for H-1B petitions subject to the FY 2019 cap. This suspension is expected to last until Sept. 10, 2018. For more details please see the USCIS announcement on March 20, 2018.