Episode 3: Green Card extensions, H-2B visas, H-1B planning

It’s Dec. 15, and this is your BAL Immigration Report.

• Naturalization applicants will have expiring green cards extended.
• Additional H-2B visas are made available.
• H-1B planning is underway in a time of economic uncertainty.

“We’ve seen a lot of changes in the job market recently, from the frenetic hiring pace throughout the ‘great resignation’ to what appears to be a slowdown in hiring right now.”

—Michelle Funk, BAL Partner

U.S. news

Green card validity extended

U.S. Citizenship and Immigration Services announced it would automatically extend the validity of green cards for lawful permanent residents who apply for naturalization. The extension allows green cardholders who file a naturalization application on or after Dec. 12 to maintain their legal status for 24 months from their “card expires” date without completing further requirements. Applicants will be able to present the receipt notice for their application and their expired green card as evidence of continued status.

USCIS said the shift in policy reflects the reality of current government processing times. The agency also said it would cut the number of forms and appointments previously required.

Additional H-2B visas allocated

The federal government is making nearly 65,000 additional H-2B visas available this fiscal year. The H-2B program allows employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States. Employers requesting an employee start date before April 1 can begin filing today.

Secretary of Homeland Security Alejandro N. Mayorkas said the government was “making supplemental H-2B visas available earlier than ever, ensuring that American businesses can plan for their peak season labor needs.” The allocation includes about 44,700 visas for returning workers who received an H-2B visa or were granted H-2B status in the last three years. It also includes 20,000 visas for workers from El Salvador, Guatemala, Haiti and Honduras.

U.S. news roundup

• USCIS announced it would conduct a nationwide trial of proposed changes to the naturalization test.
• Officials opened registration Monday for Temporary Protected Status for Ethiopia.
• The Department of Labor updated processing times for permanent labor certification, or PERM, applications and prevailing wage determination requests. DOL data shows November processing times were about the same as in October.

Spotlight

A conversation with BAL Partner Michelle Funk and Senior Associate Stephanie Pimentel: H-1B planning in a time of economic uncertainty.

BAL Immigration Report: Cap season is just around the corner. Last March, U.S. Citizenship and Immigration Services received nearly 484,000 registrations for just 85,000 cap-subject H-1B visas. We asked BAL Partner Michelle Funk if signs of an economic slowdown this year would affect hiring, planning and registration volumes.

Funk: My favorite — a crystal ball question. I honestly think it’s a little too early to tell. We’ve seen a lot of changes in the job market recently, from the frenetic hiring pace throughout the “great resignation” to what appears to be a slowdown in hiring right now. Of course, careful planning and consideration is needed for companies to ensure they are remaining competitive in terms of onboarding the right talent, and the ability and willingness to sponsor employees is always going to be part of that equation. From a process standpoint, the good news is that whether companies need to scale up or scale back, from our side we can adjust accordingly.

BAL: 2023 will mark the fourth year that USCIS has used its H-1B electronic registration system. The way it generally works: H-1B registrations are accepted in early March, usually for about two weeks. USCIS then conducts a lottery to determine which registrations will be invited to submit full H-1B petitions. Employers begin submitting petitions on April 1.

BAL Senior Associate Stephanie Pimentel said electronic registration has been a huge convenience and cost saver, but that the registration fee of just $10 creates a low barrier to entry. Pimentel expects a significant number of registrations again this year and outlined how companies should prioritize.

Pimentel: You’re going to want to start with any recent grads who are in some variation of F-1 status. These are the folks who need to be sponsored in order to continue to work in the U.S. after their training periods expire. And with that huge volume of cap lottery submissions, there is a very high likelihood that these individuals will need to be sponsored multiple times in order to be selected. Because of that, we recommend, don’t put a tenure requirement on filing registrations for individuals in F-1 status.

From there, you’re going to want to look at your individuals in L-1 status who you may want to employ long term and sponsor for a green card case because there are hard limits on how long individuals can hold L-1 status.

Finally, you may want to think about individuals you initially hired in temporary statuses, like TN, who you’re thinking you might want to actually sponsor for a green card — because again, there are limits on these individuals’ ability to transition, this time, to a green card. It’s a lot of logistics to cover, especially if the global mobility and immigration teams don’t have a full list of the non-U.S. worker population already.

BAL: H-1B planning is a monthslong process. Funk said some companies are well underway in their cap planning. Others are just beginning, and still others will wait until after the New Year to get started.

Funk: Really a lot turns on the size of your program and how many registrations you plan to submit — and how much prep you plan to do in advance. Obviously, the larger the program, the more lead time required, versus smaller programs with a handful of employees, who may be able to afford to wait a bit to move forward. Based on past experience, I would just say that those first few months of the year move quickly, so sooner rather than later is usually a good rule of thumb in our world.

BAL: For more information, you can find BAL’s H-1B planning webinar on BAL.com.

Global news

European Council recommends lifting all COVID travel/entry restrictions

The European Council has advised EU member states to lift all COVID-related travel and entry restrictions. The council’s recommendations say that if the COVID situation worsens, member states should decide in a coordinated manner whether to reintroduce vaccination, testing or quarantine requirements. Most EU countries have already lifted restrictions. However, policies can change with little notice. Travelers are reminded that the U.S. continues to enforce a vaccination requirement on most foreign nationals entering or reentering the country.

Hong Kong relaxes rules for some visas

In Hong Kong, immigration authorities have relaxed rules for some visa programs. Qualifying applicants under the General Employment Policy or the Admission Scheme for Mainland Talents and Professionals will no longer need to provide proof of labor market testing, academic qualifications or work experience. This exception will apply to applicants who are employed by “well-established” companies who have an annual salary of at least 2 million Hong Kong dollars — or about US$257,000. It will all so apply to those who hold a bachelor’s degree from a qualifying international institution. The change was made in accordance with Chief Executive John Lee’s 2022 policy address and is part of a broader effort to bring more foreign talent to Hong Kong.

Ireland allows foreign nationals to travel on expired IRPs

In Ireland, officials will allow certain foreign nationals to travel abroad over the holidays on expired Irish Residence Permits. The travel window is now open and closes on Jan. 31, 2023. Nationals from outside the European Economic Area must have submitted a renewal request before their card expired to qualify. The exemption stems from Immigration Services processing delays, which also prompted the Irish government to allow foreign nationals who have applied for renewals to remain in the country for up to eight weeks on expired cards.

Global news roundup

• Croatia will join Europe’s free-travel zone, the Schengen area, on Jan. 1.
• Malaysia expanded access to its expedited entry process for Long-Term Pass holders.
• New Zealand delayed changes to visa requirements for partners of temporary work visa holders.

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