Immigration Developments Raise Concerns for the Biomedical Research Workforce

By: CJ Neely
Thursday, October 29, 2026
A series of recent immigration policy changes and proposals could make it harder for international scientists to train, work, and build careers in the United States. For the biological and biomedical research community, these developments could restrict access to practical training, postdoctoral appointments, and industry careers while making it harder for institutions to recruit and retain international researchers.

Several proposals remain open for public comment in November, giving the research community opportunities to explain their potential effects on scientific training and research continuity.

Restrictions on Graduate Training Opportunities
In August, the Student and Exchange Visitor Program (SEVP) issued guidance changing its interpretation of eligibility for curricular practical training (CPT), which allows eligible international students in F-1 status to participate in practical training integral to their curriculum.

On October 5, higher education organizations filed a lawsuit challenging the changes. According to the complaint, the new interpretation excludes elective internships and other training experiences, even when students earn academic credit toward their degrees. The plaintiffs argue that the agency departed from its longstanding interpretation without the required notice-and-comment rulemaking process.

For biomedical graduate students, these restrictions could limit opportunities to develop skills, explore career options, and connect academic training with work outside the university.

Proposed Fees Could Complicate Transitions Into Research Careers
An October 8 Department of Homeland Security (DHS) proposal would require educational institutions to pay $70,000 before an initial optional practical training (OPT) recommendation and $30,000 for subsequent recommendations, including STEM OPT extensions, after the initial fee has been paid. These fees are proposed and are not currently in effect. Comments are due November 9.

OPT also supports postdoctoral training. Eligible international graduates can use post-completion OPT to begin a postdoc related to their U.S. degree, with qualifying graduates potentially eligible for a STEM OPT extension. Consequently, the proposed fees could affect both graduates’ access to postdoctoral positions and research institutions’ ability to retain scientists trained in the United States. FASEB is preparing comments on the proposal.

Separately, DHS proposed an additional $103,265 fee in August for cap-subject H-1B petitions. The proposal could substantially increase sponsorship costs for employers recruiting scientists into industry. Cap-exempt petitions, including qualifying petitions associated with universities and nonprofit or government research organizations, would not carry this additional fee. The distinction matters: exemption from this H-1B proposal would not insulate academic research from the separate OPT proposal.

Court Preserves Duration of Status While Litigation Continues
On September 14, a federal district court blocked implementation of a rule replacing duration of status (D/S) with fixed admission periods, generally capped at four years for F- and J- classifications. These classifications include international students and exchange visitors, including research scholars and many postdocs. The change would have added extension requirements for individuals needing more time to complete their authorized activities.

The government appealed on September 30, but the appeal did not take effect. Duration of status remains in place while litigation continues, preserving the existing framework for students and scholars who maintain their status.

Additional Proposals Affect Employment Continuity
Two other proposals could make it more difficult for researchers to navigate employment changes or remain in established positions.

A September proposal would eliminate the discretionary grace period of up to 60 days following cessation of employment for workers in H-1B, O-1, and other covered classifications. For researchers affected by layoffs or funding disruptions, removing that period could reduce the opportunity to secure another position or pursue another lawful status. Comments are due November 10.

An October proposal would remove the requirement that U.S. Citizenship and Immigration Services (USCIS) generally defer to prior eligibility determinations when reviewing Form I-129 petitions involving the same parties and underlying facts. This could increase evidentiary demands and reduce predictability for researchers and employers seeking extensions. Comments are due November 13.

Collectively, these developments threaten to disrupt the scientific workforce at every stage of training and employment. The consequences could extend well beyond individual researchers, interrupting research projects, limiting access to specialized expertise, and weakening the United States’ ability to attract and retain the talent essential to biomedical discovery.