Washington Update

Soundbites

DHS Issues Final Rule on H-1B Visa Lottery. The Department of Homeland Security (DHS) published a Final Rule on the Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions. The Final Rule mirrors the DHS proposed rule and would generally implement a new process for the lottery allocation of H-1B visas to higher-skilled and higher-paid foreign workers seeking U.S. employment with employers subject to the H-1B visa cap. NAICU joined community comments citing its concern that the proposal could limit opportunities for international students who have graduated and wish to work in the U.S. Changes made by the Final Rule go into effect on February 27, 2026.

Court Upholds Ban on NIH Rate Cap. A federal appellate court upheld an injunction that blocks the Trump Administration from capping institutional reimbursements at 15% for overhead costs incurred under research grants from the National Institutes of Health. The court’s reasoning implied that any agency deviation from the negotiated rate would likely violate the law. NAICU had previously signed on to an amicus brief in the case.

NAICU Joins Brief on DOE Rate Cap. NAICU, along with other higher education associations, signed onto an amicus brief challenging a similar cap imposed on institutional reimbursements for overhead costs incurred under research grants with the Department of Energy. The case is currently on appeal after a federal district court judge issued an injunction blocking the cap in May.

House Committee Advances Pregnancy Bill. The House Committee on Education & Workforce marked up the Pregnant Students’ Rights Act. The bill, which passed the committee in a bipartisan vote, would require colleges and universities to disseminate information to prospective and enrolled students on the rights and resources, including accommodations, that are available to allow pregnant students to carry a baby to term.

Foreign Gift Reporting Portal Launched. The Department of Education launched foreignfundinghighered.gov to highlight disclosures of foreign gifts to institutions of higher education as required under Section 117 of the Higher Education Act. The portal makes reporting much more efficient for institutions and makes searching for publicly available data much more user-friendly. Institutions that receive foreign gifts of $250,000 or more must disclose such gifts to the Department twice per year.

IPEDS Training Webinar Series. NAICU will host the fourth of six IPEDS trainings from 2:00 to 4:00 p.m. EDT on January 12. The webinar will focus on tackling the IPEDS collection cycle, covering key components such as Cost II, Admissions, Graduation Rates, Outcome Measures, and Student Financial Aid. You can register for this and the remaining webinars and view the first three trainings on our IPEDS webpage.


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