Update on applications received for requested date of need from Oct. 1, 2024, through March 31, 2025 (fiscal year (FY) 2025 first half of the visa cap):

The Department of Labor (DOL) reported that as of May 17, a total of 5,944 cases were issued Final Decisions. Certified positions for this period were allocated for 111,019 workers.

In April, U.S. Citizenship and Immigration Services reached the additional H-2B visa cap made for returning workers for the early second half of FY 2025 with start dates from April 1 to May 14, 2025.

Update on applications received for requested date of need from April 1, 2025 (FY 2025 second half of the visa cap):

As of May 17, a total of 8,501 cases were issued Final Decisions. Certified positions for this period were allocated for 116,602 workers.

Additional Information: On May 15, the Office of Foreign Labor Certification published an updated Foreign Labor Recruiter List of names for the H-2B program as required by Temporary Employment of Foreign Workers in the United States federal regulations and to help ensure greater transparency the for the H-2B worker recruitment process and facilitate the interagency exchange of information within the U.S. government.

The list contains the name and location of persons or entities identified on Appendix C of Form ETA-9142B that were hired by, planning to engage or work on behalf of employers in the recruitment of prospective H-2B workers to perform the work described on their H-2B application and includes only those names and locations associated with H-2B applications that were processed or issued a Final Decision from Oct. 1, 2023, through March 31, 2025.

The H-2B Foreign Labor Recruiter List for Q2 FY 2025 can be downloaded here.

This alert has been provided by the BAL U.S. Practice Group.

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On May 20, the Italian Parliament converted decree-law 36 into ordinary law, bringing significant reforms to the rules governing citizenship by descent.

Key Points:

  • Italian citizenship by descent can now only be claimed through a parent or grandparent.
  • Previously, anyone with an Italian ancestor who lived after March 17, 1861, qualified for citizenship by descent.
  • Children of Italian citizens born abroad do not automatically receive citizenship.
  • Applications for citizenship by descent submitted to an Italian authority before March 27, 2025, will be processed under the previous regulations.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The decree listing the “professions in tension,” or those with recruitment difficulties in various geographical regions, has been updated as of May 22, 2025.

Key Points:

  • The list was established in 2021 to enable French companies to recruit foreign workers from outside the European Union without first having to submit a job offer, speeding up the hiring process.
  • The list of professions is divided by geographical regions.
  • Some of the sectors most in demand include:
    • Construction
    • Manufacturing
    • Hospitality
    • Transportation
    • Home care and domestic support

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services alerted employers of a recent E-Verify technical issue with Social Security Administration and Department of Homeland Security mismatch cases. The agency urges employers to take action to resolve the issue.

Key Points:

  • The technical issue involves tentative SSA mismatch cases that were referred between April 9 and May 5, 2025, and dual SSA and DHS mismatches if the employee attempted to resolve the issue with SSA but not DHS.
  • Due to the system error, some of these cases may have incorrectly received a final nonconfirmation.
  • Employers are required to create a new E-Verify case for any cases that received a final nonconfirmation after a mismatch for cases referred from April 9 to May 5, 2025.
  • No further action is needed if the employer has already created a new E-Verify case and received an Employment Authorized result for an affected employee.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The European Commission announced the launch of a shared biometric matching service capable of performing fingerprint matching and enabling facial recognition.

Key Points:

  • The shared biometric matching service is part of the interoperability framework, which enables large-scale information systems across the EU to work together for enhanced border security and management.
  • The service will contain approximately 400 million biometric templates and improve the precision of identifying and verifying individuals.
  • The system is designed to guarantee data security through secure storage and regulated access controls.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services provided updates on the fiscal year (FY) 2026 H-1B cap process, noting a significant decrease in the total number of registrations submitted and eligible beneficiaries compared to FY 2025.

Key Points:

  • In March, USCIS received enough initial registrations to meet the FY 2026 H-1B cap, including the advanced degree exemption (master’s cap), selecting 118,660 unique beneficiaries and resulting in 120,141 selected registrations.
  • During the initial registration period there was a significant decrease in the total number of registrations submitted and eligible beneficiaries compared to FY 2025, including a decrease in the number of registrations submitted on behalf of beneficiaries with multiple registrations. Additional registration analysis found:
    • The number of unique employers for FY 2026 (approximately 57,600) was comparable to the number last year for FY 2025 (approximately 52,700).
    • The number of eligible unique beneficiaries for FY 2026 (approximately 339,000) was significantly lower than the number last year for FY 2025 (approximately 442,000).
    • The number of eligible registrations was also dramatically lower for FY 2026 (343,981) compared with FY 2025 (470,342) — a 26.9% reduction.
  • On average, each beneficiary only had approximately one registration submitted on their behalf, with an average of 1.01 registrations per beneficiary for FY 2026, compared to 1.06 for FY 2025.

Additional Information: The chart below shows registration and selection numbers for FYs 2021–26:

Cap Fiscal Year Total Registrations Eligible Registrations Eligible Registrations for Beneficiaries with No Other Eligible Registrations Eligible Registrations for Beneficiaries with Multiple Eligible Registrations Selected Registrations
2021 274,237 269,424 241,299 28,125 124,415
2022 308,613 301,447 211,304 90,143 131,924
2023 483,927 474,421 309,241 165,180 127,600
2024 780,884 758,994 350,103 408,891 188,400
2025 479,953 470,342 423,028 47,314 135,137
2026 358,737 343,981 336,153 7,828 120,141

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Home Office published a white paper titled “Restoring Control over the Immigration System” on May 12, sharing new policies to reduce migration and strengthen the U.K.’s borders.

Key Points:

  • Key policies include:
    • Lifting the level for skilled workers to a graduate level and above
    • Abolishing the immigration salary list that gave people discounts from salary thresholds
    • Ending overseas recruitment for social care visas
    • Strengthening the requirements that all sponsoring institutions must meet to recruit international students
    • Developing faster routes to bring talent to the U.K. who have the right skills and experience to supercharge strategic industry growth
    • Introducing new English language requirements across a broader range of immigration routes, for both main applicants and their dependents
    • Doubling the standard qualifying period for settlement to 10 years
  • The first policy changes are set to be introduced to Parliament in the coming weeks.
  • The government plans to publish further reforms to the asylum system and border security later this summer.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

Effective May 2, the French government introduced more relaxed EU Blue Card rules to expand professional experience eligibility and reduce work contract durations.

Key Points:

  • Applicants with at least three years of relevant professional experience will now be eligible for the French EU Blue Card. Previous eligibility criteria required applicants to have a three-year higher education degree or five years of professional experience.
  • The work contract duration requirement has been reduced from a 12-month minimum to a six-month minimum.
  • EU Blue Card holders who have lived in member states for at least 12 months are now eligible to enter France without a separate visa.
  • EU Blue Card holders with short-term employment contracts under two years can now have a three-month validity period after their contract ends to renew their contract or look for another job.

Background Information: The EU Blue Card is a work and residence permit within the European Union for highly skilled, non-EU citizens. It allows them to live and work in an EU member state, facilitating their access to the labor market and fostering their mobility within the EU.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The State Department recently noted a change to the Foreign Affairs Manual (FAM) clarifying that certain match officials can travel to the U.S. on a B-1 business visa or Electronic System for Travel Authorization (ESTA).

Key Points:

  • The FAM was “revised to add participants in international sporting events for visa processing” on April 14, 2025, in advance of FIFA World Cup 2026, the 2028 Olympic and Paralympic Games and other sporting events.
  • The policy manual now clarifies that certain referees, judges and technical officials may be issued a B-1 visa if they have been hired to serve in their officiate capacity at a sporting event with an international dimension.
  • Eligible match officials may also use ESTA to facilitate their travel to the U.S.

Additional Information: The new policy language falls under 9 FAM 402.2-5 (C)(10) (U) Participants in International Sporting Events (CT:VISA-2145; 04-14-2025) and reads:

Referees, Judges and Technical Officials: A referee, judge, or technical official may be issued a B-1 visa if the applicant has been hired subject to a selection process to referee, judge, oversee, or officiate a sporting event with an international dimension (such as FIFA World Cup or the Olympics). Technical officials are responsible for applying the rules or regulations of individual sports to make judgments on performance, ranking, time or rule infringement, and ensure that all athletes can compete fairly (for example, timekeepers, weigh-in officials, starters, lane inspectors, and stroke and turn officials). Such aliens may not receive a salary or payment for services from a U.S. source, other than remuneration for incidental expenses.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Labor Department posted the latest processing times for permanent labor certification (PERM) applications a week after it posted April 30 updates. As of May 8, the department was adjudicating PERM applications filed in January 2024 and earlier and reviewing appeals for reconsideration filed in March 2025 and earlier.

These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request date for reviewing appeals reflects the month and year in which cases that are currently being reviewed were appealed. For various reasons, the Office of Foreign Labor Certification (OFLC) may be completing the processing of applications filed prior to the month posted.

Average Number of Days to Process PERM Applications

Determinations Month Calendar Days
Analyst Review April 2025 499
Audit Review N/A N/A

These dates reflect the amount of time to process applications. Actual processing times for each employer’s PERM application may vary from the average depending on material facts and individual circumstances of the case. OFLC is reporting the average processing time for all PERM applications for the most recent month.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.