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The Diversity Immigrant Visa Program, commonly referred to as the green card lottery, was established by the U.S. government to provide individuals from countries with low immigration rates a chance to live and work in the U.S.
Each year, the U.S. Department of State conducts a random lottery drawing to select 55,000 applicants who will be given the opportunity to apply for a Diversity Visa (DV). This selection process is based on a computer-generated random lottery system, ensuring fairness and equal opportunities for all participants.
To qualify, applicants must be a citizen of a country deemed eligible by the U.S. government and have either a high school education or its equivalent or possess two years of work experience in a qualifying occupation.
Applying for the DV Program is an exciting opportunity for those looking to immigrate to the United States. However, even a minor mistake when filling out the entry form can lead to a major complication in the registration process.
By understanding the most common mistakes and learning how to avoid them, applicants can improve their chances of submitting a successful entry to the green card lottery.
Green card lottery entries are submitted electronically via the Electronic Diversity Visa (E-DV) website during the specified registration period. Although the DV instructions provide detailed guidance for completing the online entry form, there are seven common mistakes — aka “deadly sins” — that could result in delays or even rejection of the application.
The law allows only one entry by or for each person during each registration period. The Department of State uses advanced technology to detect multiple entries. Submissions of more than one entry will be disqualified. Applicants should take the time to review and double-check their information before submitting it.
No late entries or paper entries are accepted. Applicants must use the E-DV website for submission and must submit their application by the specified deadline.
The online registration period for the 2026 DV Program is open now through Nov. 5, 2024, at 12 p.m. Eastern Standard Time (EST) (GMT-5).
Applicants should ensure their name and surname are entered exactly as they appear on their passport or other identification documents. They should avoid using nicknames or name variations to prevent discrepancies that could raise concerns during the review process. Applicants should also double-check the date of birth and make sure the correct day, month and year are entered. Inaccuracies in this section can lead to delays or even rejection of the entry form.
Applicants should make sure to include all immediate family members in the entry, including a spouse and any unmarried children under the age of 21. Failure to list any eligible family members can result in their exclusion from the program.
Be cautious of third-party websites claiming to assist with the entry process. These sites often charge unnecessary fees and may provide inaccurate information. It is recommended to visit the official Department of State website or trusted government portal for the application.
Applicants are encouraged to complete the entry form without a “visa consultant,” “visa agent” or any other facilitator who offers to help. If an agent is used, the applicant should be present when the entry form is prepared so that the correct answers to the questions can be provided and the applicant can retain the confirmation page and unique confirmation number.
As we outlined above, to avoid rejection or delays applicants should ensure that all required fields are filled out. Missing information or leaving any mandatory fields blank can result in disqualification. It’s important to take the time to carefully review the form and provide accurate and complete responses.
To qualify, an applicant must either have a high school education or equivalent, defined as the successful completion of a 12-year course of formal elementary and secondary education. Alternatively, an applicant must have at least two years of work experience within the past five years in an occupation that requires a minimum of two years of training or experience.
Being aware of these common reasons for disqualification and learning how to avoid them can help ensure the Diversity Immigrant Visa Program entry is filled out correctly, providing applicants the chance of selection in the green card lottery.
While this is one route to a green card, there are more paths that don’t rely on luck. For example, a National Interest Waiver (NIW) is an immigrant visa that creates a path to a green card without a job offer or labor certification. The NIW is an alternative to the traditional PERM process and is available to those whose work is deemed to be in the national interest of the United States.
There are many ways to get a green card in the United States and the process generally involves a petition, an application, a biometrics appointment, interviews with immigration officials and decisions that potentially come with requests for more information and documents. The processing time for a green card can also vary from one to six years, depending on demand.
While BAL can’t increase an applicant’s luck in the Diversity Immigrant Visa Program, our legal experts are available and ready to help employers identify the best strategy for those looking to immigrate to the United States.
In March, USCIS conducted an initial random selection for registrations for the Fiscal Year 2025 H-1B cap. Recently, they determined they would need to select additional registrations to reach the FY 2025 regular cap and as of Aug. 5, USCIS announced a sufficient number of registrations for the second H-1B lottery had been reached and all prospective H-1B petitioners with selected registrations that are eligible to file had been notified.
Only petitioners with selected registrations are eligible to file H-1B cap-subject petitions and every year demand outpaces supply. Under federal law, 85,000 cap-subject visas are available each year, including 20,000 set aside exclusively for advanced degree holders. In recent years, demand for H-1Bs has skyrocketed — even through a global pandemic and an uncertain economy. On top of that, the H-1B registration fee is set to jump from $10 to $215 next year, providing another hurdle for employers hiring highly skilled foreign national talent.
The H-1B program continues to be oversubscribed, and given the low selection rate in recent years, contingency planning is as important as ever. A good H-1B contingency plan for valued employees can set an organization up for success. Whether it is a backup plan for employees whose current work authorization will expire this year or next or an effective talent recruitment plan for future employees, organizations can utilize these common H-1B alternative visa options to better ensure sponsorship:
In this election cycle, the issue of immigration is not just about what is happening at the border. The direction of the H-1B visa program is also on the line.
The H-1B nonimmigrant visa program allows U.S. employers to hire foreign workers in specialty occupations to work temporarily in the United States. This in-demand program is the primary pathway by which employers can recruit and hire foreign workers with expertise in specialized fields such as technology, engineering and healthcare — often filling crucial skills gaps.
Since many immigration policy changes are made through the executive branch, the winner of the election will heavily influence the future of employment-based immigration. We can already predict what both potential futures might look like, assuming a Harris administration would likely continue the modernization initiatives started by President Biden and a Trump administration would bring back policies similar to those it attempted to issue at the end of its first term.
As a reminder, here is a look at the H-1B visa regulations the former president had in the pipeline before the 2020 election and what they could mean for a potential second Trump administration.
In its final days in office, the Trump administration issued a series of regulations aimed at restricting the use of the H-1B program as part of its implementation of Trump’s April 2017 “Buy American and Hire American” executive order. The order laid the foundation for many of the policies Trump’s administration pursued to restrict employment-based immigration programs. In a second Trump term, we would expect to see similar policy priorities.
The first of Trump’s H-1B regulations was the October 2020 Department of Labor wage rule, an Interim Final Rule (IFR) that — effective immediately — significantly increased wage obligations for H-1B, H-1B1, E-3 and PERM programs. The rule required that minimum salaries for foreign-born professionals be set far higher than what was typically paid to similar U.S. employees. No advance notice was given to employers, who were left scrambling to adapt.
The rule was blocked in federal court in December 2020, but had it not been, it likely would have had the effect of pricing H-1B visa holders and other employment-based immigrants out of the U.S. labor market.
The DOL published a similar final rule to amend H-1B wage obligations on Jan. 14, 2021, just days before the end of Trump’s presidency. The rule was scheduled to take effect on March 15, 2021 — during H-1B cap registration. After taking office on Jan. 20, 2021, the Biden administration delayed the final rule’s effective date and issued a public request for information to determine how to best approach the issue. A court vacated the Trump-era rule, and the Biden administration has not taken further action on the issue.
While it is unlikely that the same wage rule would be issued in a second Trump administration, as it was vacated in court, we expect that a second Trump administration would resume efforts to increase wage obligations by a significant margin.
The Department of Homeland Security under the Trump administration also issued a second rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” on Oct. 8, 2020 — the same day DOL issued the wage rule. This IFR had a 60-day delayed effective date, and therefore did not ignite the kind of chaos we saw following the wage rule. Although this rule was also blocked in court, the Trump administration still attempted to issue a final rule by posting the text of it online a week before President Biden’s inauguration.
Had the rule gone into effect, it would have narrowed eligibility for the H-1B visa, including by providing that a position must always require a degree in a directly related specific specialty to qualify as a “specialty occupation.” In addition, the rule would have heightened evidentiary requirements for positions involving third-party placements and shortened the validity period for those cases.
Finalized in January 2021, the H-1B wage-prioritization regulation would have reshaped the H-1B cap selection process and limited opportunities for early career professionals. The rule was scheduled to take effect March 9, 2021, just before cap registration, but the Biden administration issued a notice on Feb. 8 delaying the effective date. Although it never took effect, the U.S. Citizenship and Immigration Services regulation would have replaced the annual H-1B lottery with a new selection process that prioritized H-1B registrations based on the wage level the petitioning employer would pay the beneficiary.
The proposed prioritization system would likely have eliminated eligibility for Level 1 and many Level 2 positions. Newly graduated international students would have been most impacted, as they are more likely to be hired into entry-level positions that offer Level 1 and 2 wages. In September 2021, a federal court vacated the rule and the Biden administration later withdrew it. Though President Biden did signal support for a wage-based allocation process, USCIS did not take any action to pursue this policy during his administration.
The transition between the Trump and Biden administrations brought about great uncertainty for employers because it was not clear if any of Trump’s rules were going to be in place for the 2021 H-1B cap season, for which companies had already spent months planning. We watched, in real time, as all three Trump rules went through litigation, were revisited by the Biden administration and were ultimately vacated in court.
Along with the restrictive H-1B policies Trump attempted during his first term, another change we would expect to see again in a potential second term is the rescission of the longstanding “deference policy.”
In October 2017, USCIS issued a policy memorandum that took effect immediately, directing USCIS officers to no longer give deference to prior agency determinations in extension of status cases. USCIS officers began reviewing extension cases as if they were completely new petitions. As a result, the agency issued requests for evidence and denials at higher rates than ever before. This led to a great deal of confusion and anxiety among foreign national employees and created challenges and business disruptions for employers.
The Biden administration reinstated the deference policy in April 2021 via policy memorandum. In October 2023, USCIS proposed to codify the policy into the regulations as part of the H-1B modernization proposal, which is currently moving through the regulatory process. Though the Biden administration has moved to make the policy permanent, it is currently only a policy memorandum. If the policy is not codified before Biden leaves office, a second Trump administration would be able to once again rescind the deference policy by simply issuing a policy memorandum — and create the same unpredictable, inconsistent adjudication environment we saw during the first Trump term.
If Trump is elected for a second term, it is highly likely that the administration would pursue similar policies. Here are three ways you can be prepared for that potential scenario:
BAL’s Government Strategies team is well-versed in these regulations and can consult your organization on the best path forward. Schedule a consultation with our team to get started.
This article was originally published on Law360.com.
Each year, on Sept. 17, Americans celebrate Constitution and Citizenship Day. While there are many paths to citizenship – born in the U.S. or a U.S. territory, born abroad to U.S. citizens or naturalized – we all enjoy the same advantages, and equally important responsibilities. As we reflect on these responsibilities of citizenship and what it means to be a U.S. citizen, we also explore the numerous benefits and incredible opportunities that U.S. citizenship has to offer.
Visa-free travel
There are so many advantages when it comes to travel and the ease of travel when you’re a U.S. citizen. For example, you don’t need to prove potentially every time that you intend to make the United States your home. Permanent residents are required to show roots and ties to the U.S., and that they want to be a permanent resident and make the United States their permanent home. In addition, for lawful permanent residents, additional travel documents may be needed if you have long trips outside the U.S. By being a U.S. citizen, those requirements are no longer necessary.
Traveling with a U.S. passport allows for assistance from the government when abroad, as well as possession of one of the most travel-friendly statuses available today. U.S. passport holders can travel to certain countries without a visa. Being a U.S. citizen and having a U.S. passport opens many doors and removes a lot of visa requirements and other challenges when traveling to other countries.
The right to vote
The Constitution and laws of the United States grant numerous rights exclusively to citizens, with one of the most fundamental being the right to participate in federal elections. This right is particularly significant when compared to many countries where citizens lack a voice in their government and cannot effectively communicate their values and what’s important to them by voting. In contrast, U.S. citizens have the power to influence the nation’s future by voting for representatives and leaders who align with their values and priorities.
Keep the family together
U.S. citizenship provides a strong safeguard against family separation with the privilege of helping immediate relatives, such as a spouse, parents and unmarried children, to obtain permanent residency.
Federal employment opportunities
Most jobs within government agencies require U.S. citizenship, so becoming eligible for federal job opportunities can be a significant public service professional opportunity, including running for office to become an elected official.
Access to federal benefits
U.S. citizens are eligible for certain federal scholarships and grants and access to federal public benefits for basic needs, including Social Security benefits, Medicare and Medicaid. Citizens are also eligible for government-sponsored legal aid, which provides free or low-cost legal assistance to ensure all citizens have access to justice regardless of their financial situation.
BAL’s pro bono and volunteer work is wide-ranging, and citizenship has become a primary focus in recent years. We coordinate with local organizations, such as Proyecto Inmigrante and Catholic Charities, in assisting with citizen workshops. BAL is committed to supporting underserved populations about the process to citizenship.
Throughout the year, BAL hosts two six-week citizenship courses for local community members to receive hands-on learning to prepare for citizenship. The six-week course covers civics and U.S. history and helps individuals with English reading, writing, comprehension and speaking skills. BAL attorneys volunteer their time for several hours every week to teach students, assist with preparation and submission of application forms and provide guidance for the interview process.
By becoming a U.S. citizen, individuals not only gain valuable rights and privileges, but also contribute to the rich tapestry of this nation. Citizens are given a voice and the opportunity to develop that greater sense of security, community and belonging.
On National Citizenship Day and every day, we at BAL celebrate all the different paths to citizenship that make the American dream accessible to so many individuals and their families. We are honored to play our role in guiding and supporting our clients as they navigate the complex legal processes and achieve significant milestones on their journey to becoming U.S. citizens.
The H-1B nonimmigrant visa is one of the most popular work authorized visa options among U.S. employers, but the overwhelming demand exceeds the limited supply since H-1B visas are subject to an annual cap of 85,000 visas, with 20,000 specifically reserved for individuals with a U.S. Master’s degree or higher.
When U.S. Citizenship and Immigration Services receives more H-1B registrations than there are visas available (which has been the case for more than a decade), the agency randomly selects who can file an H-1B petition through a lottery system.
After USCIS conducted a second H-1B lottery selection for Fiscal Year 2025, our inboxes were flooded with questions from clients. Here are our responses to some of the top questions we received.
Before we get into what’s next, let’s quickly recap where we’ve been.
USCIS opened H-1B cap registration for Fiscal Year 2025 from March 6 through March 25, 2024. That same week, USCIS began sending selection notices and starting April 1, petitioners with selected beneficiaries were able to submit H-1B petitions on their behalf. The overall registration selection rate for the first lottery was 25.6%.
In late July, USCIS announced that it would conduct a second H-1B registration lottery out of the previously submitted registrations. The second lottery only applied to the regular cap as the FY 2025 master’s cap numerical allocation had already been met. The second lottery increased the selection rate by 3.1%, resulting in a 28.7% total registration selection rate.
So, what’s next for those who have been selected? Well, now it’s time to verify that all the information provided at the time of registration is still accurate or if the case needs to be updated. If it remains accurate, then we’re submitting Labor Condition Applications to the Department of Labor, getting those certified and filing the H-1B petitions with USCIS.
There is a 90-day filing window within which petitioning employers can submit H-1B petitions. The window ends November 7, 2024.
It’s important to note that being selected in the lottery really is just the first step. Being selected in the lottery merely allows the petitioning employer to file an H-1B petition on behalf of the selected employee in which the petitioner must establish eligibility for H-1B status.
Something new this year is if a beneficiary is selected by one petitioner, they are selected by all.
In short, if a foreign national received competing job offers, and multiple employers submitted registrations on their behalf, then the individual gets to decide which employer they wish to proceed with and which employer will ultimately file an H-1B petition on their behalf.
Let us be clear though: the individual can’t just take their selection notice to any employer and apply for a job. The petition must be filed by an employer who submitted a registration for that individual.
Given the amount of time that passes between preparing for H-1B registrations and the selection period, especially in the case of a second lottery, no doubt circumstances change.
There are individuals who may have been on time-limited work authorized visa statuses, such as F-1 students on Optional Practical Training whose work authorization may have lapsed and they’ve now changed status, gone back to school or departed the U.S.
We’ve been talking to organizations to see if there is still interest in sponsoring those individuals. For some, there certainly is and they’ve kept in touch knowing that the lottery remained open and there was a chance that a selection could come through. But there are certainly employers who have already severed ties with beneficiaries whose employment authorization lapsed and therefore will not proceed.
For those not selected, their registration remains active and in “Submitted” status. USCIS will take in the petitions from the second lottery selections and determine whether they now have a sufficient number to close the annual cap. Until that number is reached, the cap will potentially remain open.
When the annual cap is met and USCIS is no longer accepting H-1B petitions, the status of those cases will change from “Submitted” to “Not Selected.”
It is extremely unlikely that there will be a third round of H-1B selections this year. We were honestly surprised to see a second lottery considering that USCIS has met the annual cap in the first lottery for the past few years. Maybe organizations were a bit more optimistic in March when registering than in the summer when having to file the petition. But given the fact that we only saw a 3.1% selection rate with the second round, we’re likely at that annual cap.
At this point, we’re advising employers to plan as if their unselected employees will not be selected and to move forward with any other potential options available. For example, some employees may be eligible for other visa statuses, such as O-1, TN, H-1B1 or E-3. In addition, some employees may be eligible to work as a dependent of their spouse, if they hold certain immigration statuses.
Whatever your luck in the lottery this year, our team is equipped and ready to help you file a H-1B petition for selected employees, strategize a contingency plan or start preparing for next year’s lottery.
Copyright © 2024 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.
Fast Company named BAL among the 2024 Top 100 Best Workplaces for Innovators in the world, marking its second consecutive year on the list. This recognition validates the firm’s consistent investment in fostering a creative, collaborative work environment focused on powering human achievement.
“Our mission at BAL is clear: to provide an experience that makes a positive difference in people’s lives,” said CEO Jeremy Fudge. “People-centered innovation helps us solve complex immigration challenges for clients and foreign nationals every day. And that focus helps our clients attract and retain skilled talent, empowering more than 2 million people to work and live in the U.S. and abroad.”
BAL keeps innovation at the forefront in our pursuit of the exceptional, from AI-powered technology upgrades that enhance the client and foreign national experience, to our service-oriented oneBAL culture of collaboration. BALers continue to stay ahead of the curve, anticipating and adapting to the ever-changing landscape of immigration policies worldwide while helping our clients navigate those complexities.
Fast Company is in its sixth year of recognizing companies and organizations from around the world that are committed to empowering employees and fostering creative problem-solving. You can view the complete list of honorees here.
Migration trends suggest increasing intra-LATAM restrictions on business travel, while foreign investment and skilled worker movement from outside the region continues to grow.
BACKGROUND
Venezuela is a federal republic comprised of an executive branch in the form of a president, who is the head of government and chief of state serving a six-year term, along with a cabinet (Council of Ministers) appointed by the president. The legislative branch is a unicameral congress whose members serve five-year terms and a judicial branch that includes a 32-member Supreme Court that is elected by congress and hold 12-year terms. Venezuela was largely controlled by democratically elected governments until 1999, when Hugo Chavez implemented authoritarian control over the three branches of government until 2013. Authoritarian control was reinstated in 2018 by Nicolás Maduro when he claimed a second presidential term that was reported as a fraudulent election.
Maduro is a part of the Chavista regime (the United Socialist Party), a socialist-inspired political movement that has turned authoritarian. He ran against 10 presidential candidates, including Edmundo González, a former diplomat who is replacing the former opposition leader, María Corina Machado. Machado won the primary election held in October, but Venezuela’s highest court later officially banned her from holding office based on fraud and corruption allegations she has denied. González is the opposition’s surrogate candidate.
Maduro has consolidated political power in recent years and holds strong influence over the country’s legislature, military and the national election council, as well as the justice system. Maduro sought another six-year term in the most consequential presidential election in over a decade.
OUTLOOK
On July 29, Venezuela’s National Electoral Council (CNE) stated that Maduro had been reelected to a third term as president despite reported irregularities. The CNE stated Maduro won 51% of the vote and Edmundo González received 44%; however, they did not release the tallies from each polling location. González disputed the result and has claimed that Maduro lost the election by more than a 2-to-1 margin. Multiple Latin American leaders, including the opposition led by González, have refused to recognize Maduro’s victory in the July 28 vote. The process was filled with allegations of foul play in an election where opposition figures were arrested and key leaders were banned from running. Speaking in Tokyo on July 29, U.S. Secretary of State Antony Blinken said that U.S. officials “have serious concerns that the result announced does not reflect the will or the votes of the Venezuelan people.”
Since the election results have been released, criticism has mounted against Maduro involving deadly protests across the country. As a result of this growing domestic and international pressure, Maduro asked the country’s Supreme Court to conduct an audit of the election on July 31.
Hundreds of thousands of Venezuelans have sought asylum in the United States in recent years, directly impacting the irregular migration at the U.S. border in what has become a top issue politically in the U.S. presidential election this fall. Maduro’s presidency has presided over a complex political, social and economic crisis that has driven over 7 million people to migrate abroad, and western nations’ economic sanctions on the Latin American nation have had a significant economic impact on Venezuela’s oil industry and economy as a whole. Only time will tell the lasting and permanent impact the Venezuelan presidential election will have on the global political landscape and the immigration debate in 2024’s most significant election — the U.S. presidential election in November.
LATEST IMMIGRATION NEWS
Ongoing protests in Venezuela are limiting access to government offices, delaying the processing of immigration-related applications filed in country. The Venezuelan government has ordered diplomatic personnel in Argentina, Chile, Costa Rica, the Dominican Republic, Panama, Peru and Uruguay to return. Applications at consular posts are experiencing processing disruptions until further notice as well as flight disruptions.
The U.S. Department of Homeland Security recently announced the extension and redesignation of Venezuela for Temporary Protected Status. The redesignation allows Venezuelans to access temporary protection from removal and the opportunity to apply for employment authorization in the United States. In announcing the extension/redesignation, DHS Secretary Alejandro Mayorkas cited “extraordinary and temporary conditions in Venezuela that prevent individuals from safely returning” at this time.
Finally, as of last year more than 7 million people have left the country as a result of political and economic turmoil and have been displaced. The world’s greatest displacement crisis has a direct impact on the U.S. and the November elections. U.S. immigration policymakers are currently debating an effective solution for the migration crisis at the U.S. border, as a Maduro third term could mean more migrants seeking asylum and a continued complex situation between the two nations with lasting effects throughout Latin and North America.
El Salvador’s constitution instituted a democratic republic divided into three branches. The executive branch is headed by the president, who is elected by direct vote and remains in office for five years with no reelection but can be reelected after nonparticipation for one electoral period. The other two branches are the legislative branch, made up of the unicameral Legislative Assembly, and the judiciary branch, which is headed by the Supreme Court composed of 15 judges.
General elections were held on Feb. 4 to elect the president and all 84 deputies of the Legislative Assembly. The current president is Nayib Bukele, who assumed power in June 2019. He defeated the two main political forces at that time in El Salvador’s multiparty system that included the Nationalist Republican Alliance (ARENA) and the Farabundo Martí National Liberation Front (FMLN).
The results of the February 2021 legislative election two years later caused a major change in the politics of El Salvador and specifically the relationship between the president and the Legislative Assembly. The new allied party of Bukele, Nuevas Ideas (New Ideas), won the biggest congressional majority in the country’s history at the time. Since then, Bukele has consolidated his power and disrupted the foundational checks on executive power, including replacing all the magistrates of the country’s Constitutional Court and the attorney general. The Constitutional Chamber of the Supreme Court ruled in 2021 that Bukele was permitted to seek reelection despite constitutional concerns, and he announced in September 2023 that he planned to seek a second five-year term. Bukele is highly popular among Salvadoreans because of his harsh crackdown on street gangs, but he is considered controversial internationally.
Bukele garnered 83% of the vote in the Feb. 4 election, and he was sworn in for a second term on June 1. Bukele’s recent victory should strengthen his perceived mandate and may lead to additional constitutional reforms in the future. According to his government, the administration has reduced migration 60% to the U.S. since he took office in 2019.
As the presidential campaign intensifies in the United States, the relationship between Latin American countries and the U.S. will become more important than ever. The U.S. has been leaning on the governments of Mexico and Central America to address the root causes of the irregular migration situation, and the outcome of several recent presidential elections in the region will have a tremendous impact the flow of migrants to the U.S. and, in turn, U.S. immigration policy in the future. The U.S. has had an uneasy relationship with the self-described “world’s coolest dictator,” and Bukele’s relationship with the next U.S. president will have a direct impact on the global migration policies for decades to come.
With nearly 1.4 million immigrants, El Salvador accounts for the second-largest Latin American group in the United States after Mexican nationals. U.S. immigration policies of the past three decades, as well as the Salvadorean government’s efforts, have led to growing numbers of people leaving the country, with the majority traveling to the United States. In June 2024, U.S. Citizenship and Immigration Services announced that it was extending the validity of certain employment authorization documents for Temporary Protected Status beneficiaries from El Salvador. Washington’s policy toward the Central American nation has changed in recent years, and concerns tied to immigration are a key issue in this year’s U.S. presidential election.
There is a shortage of employment opportunities in El Salvador, and in 2023, the unemployed population grew to 161,400. The government recently launched a new Freedom Visa program for entrepreneurs and high-income individuals to relocate and be granted lifelong residence and Salvadorean citizenship. According to the government, the new program and the contributions made by investors will go toward economic development and social programs. Bukele is also initiating other policies designed to promote relocation of highly skilled workers. In April 2024, he announced a new policy that would offer free passports to 5,000 “highly skilled scientists, engineers, doctors, artists and philosophers from abroad,” which would provide “full citizen status, including voting rights.” Other policies, such as adopting Bitcoin as a legal tender alongside the U.S. dollar and approving a migration law meant to expedite citizenship to foreigners who support social and economic development programs by donating Bitcoin, represent some of the significant immigration reform efforts under Bukele’s leadership.
Brazil has not yet recognized Maduro as the winner of Venezuela’s presidential election.
On Oct. 6, Brazilians will vote to elect officials for the 5,500 municipalities in a midterm test for left-wing President Luiz Inácio Lula da Silva. Lula da Silva is governing for the third time after defeating former far-right President Jair Bolsonaro in the 2022 national elections.
In São Paulo, Brazil’s economic capital, Guilherme Boulos of the Socialism and Liberty Party (PSOL) MP hopes to unseat the current right-wing mayor, Ricardo Nunes, from the Brazilian Democratic Movement (MDB).
In the wake of recent events in Venezuela and El Salvador, the local elections in Brazil will be a test of democratic principles and a referendum on Lula da Silva and left-wing policies in South America.
This analysis has been provided by the BAL Global Practice Group.
Countries in Africa are experiencing a mix of economic opportunities and challenges. East Africa is witnessing economic growth driven by tourism, technology and natural resources, while other regions face economic disparities and infrastructure challenges.
In general elections, South Africans vote for a political party and not for specific presidential candidates. Parties are allocated seats in the 400-seat parliament based on the percentage of votes they receive in the national election, and members of parliament then elect the president.
President Cyril Ramaphosa won reelection as part of the African National Congress (ANC) party — the party once led by Nelson Mandela. The Democratic Alliance (DA) is the main opposition party, and the leftist Economic Freedom Fighters party is the third biggest in parliament, which has grown in popularity under leader Julius Malema.
Parliament is open for its next term, and Ramaphosa and the ANC have now formed a centrist coalition government with its main rival, the DA, and the Inkatha Freedom Party. Ramaphosa has been sworn in for a second term as president of South Africa, despite his party losing its parliamentary majority in the elections on May 29. South Africa is Africa’s most developed economy but is facing major challenges, including widening inequality and rising levels of unemployment and poverty.
The ANC is one of the African continent’s oldest liberation movements. The most recent elections may represent an important change in sentiment for this type of governance and leadership, as evidenced by the new coalition rule. The new coalition government will have a direct impact on whether recently proposed legislation will pass that establishes new processes for obtaining residency and citizenship in South Africa and a major overhaul of the immigration system in the future.
RECENT IMMIGRATION CHANGES
The South African government recently implemented a digital nomad visa, which allows foreign nationals who earn a sufficient minimum income to reside in South Africa and perform work as a freelancer or for an employer outside of South Africa.
The final “White Paper on Citizenship, Immigration and Refugee Protection: Towards a Complete Overhaul of the Migration System in South Africa” has been approved by the cabinet and recently published. The white paper outlines a single legislation with multiple chapters of the Citizenship Act, Immigration Act and Refugees Act to establish a process for foreign nationals to obtain residency and citizenship in South Africa, as well as safeguard refugees and asylum seekers. The final white paper is expected to be submitted to parliament and passed into law in the coming months.
The draft immigration regulation would overhaul the South African immigration system and:
Senegal is a multiparty republic. The first constitution of Senegal was promulgated in 1963 and revised in March 1998. A new constitution, approved by voters in January 2001, provided for a strongly centralized presidential regime where the judicial, executive and legislative powers are separated. The president is the head of state, elected for up to two five-year terms, who then appoints a prime minister to be the head of government. The unicameral legislature is called the National Assembly, with most members directly elected to serve five-year terms.
The West African nation’s presidential election was initially scheduled for Feb. 25 but was delayed by incumbent President Macky Sall after he cited an electoral dispute between the parliament and the judiciary, specifically concerning the candidacy of his opponents. Legislation was then passed by the parliament to delay the presidential election until Dec. 15. At that time, security forces entered the legislative building and forcefully removed several opposition lawmakers who were trying to block the voting process. The postponement triggered a constitutional crisis, and intervention was required by the Constitutional Council to resume the election on March 24. The election was between Bassirou Diomaye Faye, a tax inspector and founding member of the Patriotes du Sénégal (PASTEF) party, and former Prime Minister Amadou Ba, who represented the ruling coalition Benno Bokk Yakaar (BBY, “United in Hope” in Wolof). The constitutional crisis put one of Africa’s most stable democracies to the test.
In the high-stakes election, Senegal elected a new president: Bassirou Diomaye Faye. Faye will inherit an irregular migration situation along with high youth unemployment and a rising cost of living. Faye was the “candidate of rupture,” and his PASTEF party has focused on strengthening the country’s position within the Economic Community of West African States and emphasizing the importance of the country’s domestic workforce. The Faye administration may focus on domestic priorities.
Senegal is an important destination country within the West Africa region but has recently become a majority emigration and transit migration country because of its geographical position. This is particularly because of transit through Senegal to travel by sea or air to Europe. The IOM Migration Profile of Senegal, which is funded by in part by the European Union, notes that Senegal does not have a formal national migration policy or a structure dedicated to the migration issues they are encountering. The country has also been experiencing a “brain drain” phenomenon, with 17.7% of those receiving higher education emigrating, largely to France.
The government is working with national and international partners to implement programs developing and capitalizing on the skills of Senegalese nationals. The Senegalese government has made bilateral agreements with France, Italy and Spain in recent years to promote employment for youth and manage migration flows.
To illustrate the connection between neighboring countries, the Senegalese government recently implemented a change that all visa nationals in category B and C seeking a pre-approved business visa must obtain a police clearance certificate in French (or translated into French by a Ministry of Foreign Affairs’ sworn translator in Senegal and legalized). Previously, the requirement was only for long-term work and residence permit applicants.
Finally, there is currently a visa-exempt policy for all European Union citizens and foreign nationals from 96 other countries to travel to Senegal without first having to obtain a visa. If intending to stay for longer than three months, visa-exempt nationals must register with the local authorities in order to obtain a “carte d’étranger.” Foreign nationals of all other nationalities are required obtain their visa online (e-Visa) or in embassies. Individuals not eligible for the e-Visa are required to go to the nearest Senegalese Embassy.
The Asia-Pacific region is experiencing rapid economic growth with a strong reliance on foreign direct investment, focusing on easing business travel immigration rules and increasing openness to tourism. Societal challenges include gender roles and increasing environmental awareness.
The Taiwanese government underwent substantial change in the 1990s up to 2005, when the constitution was amended to make it more relevant to the sovereign territory’s contemporary status and serve as a foundation for democratic governance. The central government contains the presidency and five major branches (yuans). The president is directly elected, serves a four-year term and may be reelected for one additional term. The president is empowered to appoint the heads of the four branches of the government, and so the ruling/political party that occupies the presidential office plays a key role in the functioning of the government.
Currently, the government operates as a multiparty democracy with two major parties, the Kuomintang (KMT or Nationalist Party) and the Democratic Progressive Party (DPP). The KMT held the presidency in Taiwan for more than five decades before the DPP won the 2000 and 2004 presidential elections. The KMT returned to power briefly in 2008 and 2012, but the DPP has since won the 2016 and 2020 presidential elections and sought to stay in power in 2024 to achieve three consecutive terms.
On Jan. 13, Taiwan held elections for its presidency and 113-seat legislature, the Legislative Yuan. Lai Ching-te, also known as William Lai (DPP) ran against Hou Yu-ih (KMT). This was the eighth direct election for the president of Taiwan. Previously, the position was indirectly elected by the National Assembly until 1996. This election and government actions going forward will determine the trajectory of the self-ruled democracy — the first place ever to free itself from Western colonial rule.
In the January 2024 election, Taiwan elected Lai as its new president, and he was inaugurated on May 20. The DPP lost its outright majority in the Legislative Yuan however, as the KMT gained 52 of the 113 seats, while the DPP secured only 51. This was the first time since 2004 that no party won an outright majority.
Lai is expected to build on domestic reforms, despite political gridlock. Lai’s DPP has lost the majority in the legislature, making it hard for him to push through legislation. Consequently, the smaller Taiwan People’s Party (TPP) will play a crucial role in forming a coalition to lead the legislature. Lai will need to build on efforts to strengthen ties with the U.S. and prioritize migrant issues while keeping the economy running strong.
The Taiwanese government announced several changes to immigration policy recently and just expanded their visa-free entry program for travelers from Brunei, the Philippines and Thailand.
The Taiwanese government intends to revise immigration policies to benefit certain resident visa holders and visitor visa holders to reduce difficulties in applying for Alien Resident Certificates or extend visitor visas. Alternatively, fine increases for overstay and a greater maximum entry ban demonstrate the government’s attempt to deter overstays and illegal work — priorities for the new administration that could have further impacts on immigration policy in the future.
The Republic of Korea’s Constitution adopts liberal democracy as its basic principle of governance. The National Assembly is the unicameral national legislature, and its members serve four-year terms. Executive power is vested in the president, who is elected by the people and serves five-year terms without reelection capability. Current President Yoon Suk Yeol of the People Power Party took office in May 2022.
Legislative elections were held in April 2024 for all 300 members of the National Assembly. The two largest parties are the liberal Democratic Party and the conservative People Power Party. The election was a midterm referendum for the Yoon administration as it approached its third year. His hope was for his party to regain a parliamentary majority. Yoon narrowly won the 2022 presidential election and has struggled with low approval ratings. He now faced the possibility of spending the next three years of his single-term presidency as a lame duck.
South Korea’s Democratic Party won a landslide victory in the country’s parliamentary elections, giving liberals an extended opposition control of parliament and putting Yoon and his conservative party in a challenging position for the three remaining years of his term. The Democratic Party already held majority control but won 175 seats in the 300-member single-chamber parliament, and the conservative People Power Party won 108 seats, becoming an even smaller minority. Voter turnout was the highest in 32 years for a parliamentary election, and the outcome has been interpreted as a strong judgment on Yoon and the policies his administration has prioritized in the last two years since taking office. The People Power Party will now have to cooperate with the Democratic Party and its leader, Lee Jae-myung.
Yoon has described South Korea as a “global pivotal state,” with a growing number of immigrants in the country and a need to develop immigrant policies that fit its status. His administration has had the difficult task of addressing a population crisis consisting of low birth rates and an aging population.
The administration is still trying to come up with a cohesive approach concerning immigration — 2.5 million foreign nationals currently reside in the nation, which is roughly 5% of the total population. One of Yoon’s campaign promises was to create a separate immigration agency under the Ministry of Justice to implement unified immigration policies that balance workforce and immigration that are sector-specific and meet growing labor demands. The new agency would also be tasked with other immigration policy initiatives, such as strengthening border controls and supporting immigrant integration. The creation of a Ministry of Population Strategy Planning has also been proposed as an alternative that would take over immigration-related policies from the justice ministry and handle the creation of new comprehensive immigration policies. The planned launch of these new immigration agencies has stalled, and lawmakers did not pass the People Power Party proposal for a new agency within the Government Organization Act before the conclusion of the previous National Assembly session in May.
Now that the members have been elected in the 2024 legislative election and assumed office, the 22nd National Assembly is currently in session and discussions surrounding a new immigration agency may continue. The majority control that the Democratic Party now holds as a result of the 2024 legislative election will have a direct impact on Yoon and the People Power Party’s ability to enact important immigration reforms.
RECENT IMMIGRATION NEWS
South Korea recently launched a digital nomad visa for overseas remote workers that allows some foreign residents to stay in South Korea for up to two years while maintaining jobs in their country of origin. Considered a “workation” visa, the digital nomad visa allows qualified foreign employees to reside in various regions of South Korea and is designed to revitalize their economy. However, workers are restricted from working for South Korean employers during their stay unless they obtain a separate work visa. This new category provides an immigration pathway for remote workers that was previously not available and highlights a continuing trend among various countries around the world offering new digital nomad visas to attract greater foreign talent and skilled professionals.
South Korean authorities continue to promote policies that aim to increase tourism by simplifying entry processes for foreign nationals wanting to travel to the country as well as create initiatives designed to strengthen bilateral relations with allied nations and improve labor market access for younger workers. Last year, the government announced that travelers from 22 countries, including Australia, Canada, Japan, Singapore and many EU countries, no longer need to apply for Korean Electronic Travel Authorization (K-ETA) before entering the country. This policy is in effect until Dec. 31. K-ETA is an online electronic travel authorization that visa-free foreign visitors need to obtain for tourism, visiting relatives, participating in events or meetings and business purposes other than profitable activities. A bilaterial agreement with Canada was also announced for a new Youth Mobility Agreement last year. This initiative allows certain Canadian and South Korean nationals to live and work in the two countries for up to 12 months through certain immigration categories to increase work and travel opportunities.
India
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Europe is focused on economic recovery but faces societal challenges. Conflict in the region and nearby Middle East is driving instability.
The United Kingdom is a constitutional monarchy where the hereditary monarch serves as head of state while the prime minister serves as the elected head of government. Executive power is entrusted to a unitary parliamentary system formed by members of the Parliament, where legislative power is vested in the two parliamentary chambers: the House of Commons and the House of Lords. Elections are held no more than five years apart and are scheduled by the prime minister. U.K. citizens vote for all 650 members of the House of Commons for a term of up to five years, and the party that commands a majority, either alone or in coalition, form the next government. The majority party’s leader becomes the prime minister.
The first national general election in five years was announced by Prime Minister Rishi Sunak for July 4. Sunak, a former Treasury chief who had been prime minister since October 2022, hoped to continue the 14-year reign of the Conservative Party (Tories). His primary opponent was Keir Starmer, a former director of public prosecutions in England and leader of the Labour Party since April 2020.
The Labour Party won the general election with a total of 412 seats, an increase of 211 seats since the previous general election in 2019. The Conservative Party total of 121 seats represents its worst-ever defeat, with more than 250 seats lost. Starmer has met with King Charles at Buckingham Palace and officially accepted the role of prime minister. The new PM pledged to steer the country toward “calmer waters” in his first address to the nation.
The Labour Party will face many challenges, including a polarized debate on migration. The Conservatives’ signature policy regarding migration was restrictive in nature and focused on measures designed to reduce net migration and prioritize the domestic workforce. Labour Party representatives have described similar priorities to reform the points-based immigration system to reduce migration, boost Britain’s skills to address skills shortages and focus on domestic workers. Labour’s immigration policies will seek to improve wages and conditions for Britain’s workers and continue to focus on compliance with harsher penalties. Employers should be prepared for new rules and requirements when it comes to international recruitment, given the drastic change in government and healthy majority that the Labour Party now possesses for future policy reforms.
The U.K. government is prioritizing increasing their domestic workforce through the “Back to Work Plan.” The government recently announced several initiatives to intentionally reduce net migration and make immigration more expensive for both employers and foreign nationals. The Home Office announced a plan to cut net migration to the United Kingdom by 300,000 people by reducing the high number of dependents coming to the U.K. and increasing the minimum salaries required for overseas workers and family visa applications. The statement of changes published by the Home Office confirmed the increases to the minimum general salary threshold and going rates for skilled workers as well as increases to the minimum income threshold for those bringing dependents on family visas.
The Home Office announced increased fines for employers and landlords who employ or rent to illegal migrants. The increased fines represent the largest increase in civil penalties since 2014. The measure is designed to identify and reduce illegal migration and ensure only those eligible are able to work and receive benefits or access public services. Since the start of 2018, almost 5,000 civil penalties have been issued to employers with a total value of £88.4 million.
The U.K. Parliament officially approved a new law increasing immigration health surcharge fees, effective Feb. 6, 2024, as well as announced new fees for legalizing public documents starting Jan. 1, 2024. The 66% increase to the health surcharge is an element of a broader strategy to increase fees to help fund pay raises for certain public sector jobs. As part of that effort, work and visit visa fees increased by 15%, family visas and settlement and citizenship visas by 20% and student visas by 35%.
Most recently, the Home Secretary announced on July 31 that the planned increase to the minimum income threshold for those bringing dependents to the United Kingdom on family visas is on hold. The Home Secretary also stated that the Migration Advisory Committee will review key sectors within international recruitment, including IT and engineering. The ministerial statement demonstrates a continued support for the changes announced earlier this year, including increases to salary thresholds for skilled workers and health and care workers. Other proposed changes include eliminating the ability for health and care worker visa holders filling care worker and senior care worker roles to bring dependents with them and an end to the 20% “going rate” salary discount for shortage occupations. The statement highlights the Labour Party’s new legal migration objectives and reintroduces expected reforms to migration policy. British citizens and those settled in the U.K. who want their family members to join them will not be impacted by the planned hike to the minimum income threshold yet.
Electronic Travel Authorization program
The government is creating an Electronic Travel Authorization (ETA) program that will require travelers who do not need a visa to apply for authorization to enter the U.K. The ETA will be valid for two years for multiple entries into the country. Individuals who are denied an ETA must apply for a standard visitor visa, temporary work — creative worker visa or transit visa. The program initially launched for nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates, and it is expected that by the end of 2024, ETA will be required for all visitors who do not need a visa for short stays, including those visiting from Europe and other countries including Australia and the United States. The Home Office is introducing ETA to increase border security and better monitor travel for those who do not need a visa to enter the country.
In addition, the rules for travel to most European countries are rapidly changing as well. Starting in the first half of 2025, an estimated 1.4 billion people from over 60 visa-exempt countries will be required to have a travel authorization to enter 30 European countries for a short stay. EU Commissioner Ylva Johansson recently announced the official commencement date for the new Entry/Exit System (EES) and the European Travel Information and Authorization System (ETIAS).
EES, originally part of a “Smart Borders” initiative, is an automated system for registering non-EU nationals traveling for a short stay — up to 90 days in a 180-day period — that will record each time an individual crosses an external Schengen area border. It will replace passport stamping and require travelers to have biometric data (facial images and fingerprints) recorded upon entry. It was originally expected to take effect during the first half of 2022 but will now launch Nov. 10, 2024.
EES differs from ETIAS, which is an entry requirement for visa-exempt nationals traveling to any of 30 European countries. It is linked to a traveler’s passport and allows individuals to enter for short-term stays up to 90 days in any 180-day period. ETIAS will require travelers from the 63 countries currently approved to travel into the EU visa-free to register for a visa waiver before arriving in the Schengen area and is expected to launch in 2025.
EU authorities have stated that the new systems will provide vital information necessary to identify those who have stayed in the EU longer than allowed, who do not have the right to enter the EU, or those who are involved in criminal or terrorist activity and assess potential security risks. Schengen-participating states may benefit by being able to better manage their external borders and improve internal security. Travelers may also benefit by obtaining earlier indications of their admissibility and making legal travel across Schengen borders easier.
The Fifth Republic, France’s current republican semi-presidential system of government, consists of an executive branch, a legislative branch and a judicial branch. Executive power is exercised by the president of the republic and the government. The government consists of the prime minister and the parliament, made up of the National Assembly (Assemblée nationale) and the Senate (Sénat). The prime minister is appointed by the president, who is the directly elected head of state.
On June 9, current President Emmanuel Macron dissolved the lower house of France’s parliament in a surprise announcement. Legislative elections were held June 30 and July 7 to elect all 577 members of the 17th National Assembly of the Fifth French Republic. The move by Macron came in response to the European Union’s parliamentary election, where France elected 81 members of the European Parliament. Macron himself was not a candidate in the EU elections, and his term as president runs for three more years. The far-right National Rally party, led by Marine Le Pen, made substantial gains in that EU election, however, and Macron’s Besoin d’Europe electoral list lost a significant number of seats.
In the 2022 legislative elections, Macron’s centrist party won the most seats but lost its majority in the National Assembly. Le Pen was the runner-up to Macron in the last two presidential elections and “welcomed” Macron’s move to dissolve the National Assembly and call a snap election. Macron’s decision was a massive political risk that could have drastically impacted the rest of his presidential term, which ends in 2027. In his address, Macron justified his decision by the “historic score of the far-right” that could not be ignored and called the rise of nationalism by agitators a threat to France, Europe and France’s place in the world.
Three alliances emerged on top after the recent election. Each fell short of an outright majority, where a party or coalition needs to secure at least 289 of the National Assembly’s 577 seats. The New Popular Front (NFP), an alliance of leftist and environmental parties, won the largest number of seats with 188. Ensemble, the centrist coalition led by Macron, came in second with 161 seats. Finally, National Rally (RN) and its allies, led by far-right leader Le Pen, won 142 seats. Macron said “no one won” the parliamentary election and called on mainstream parties with “republican values” to form a governing alliance. As a consequence, nobody can propose the name of a prime minister with the assurance that they would get the support of a majority of lawmakers in a vote.
France’s divided National Assembly kept Speaker Yaël Braun-Pivet, a centrist member of Macron’s party and head of the National Assembly since 2022, as speaker after three rounds of votes in the lower house of parliament. Macron accepted the resignation of Prime Minister Gabriel Attal, and there is no firm timeline for when the president must name a new prime minister as the government continues to operate and work toward a coalition.
As of Aug. 27, Macron continues to maintain the current centrist caretaker government, which has led France since the July 7 vote and through the Paris Olympics. The NFP announced its preferred candidate for prime minister, Lucie Castets, after their bloc won the most seats in parliament during the snap elections. Macron has rejected the nomination and talks are currently underway to nominate a government.
Without a majority in the National Assembly, Macron faces a strong challenge from the far right and is reliant on parties outside the government to get legislation through. His government managed to push through a new comprehensive immigration law with the backing of right-wing Republicans and the far-right RN, and, in order to get the bill through, the government accepted a series of amendments such as limiting family reunifications and reducing access to welfare. Future immigration bills will be impacted by the new coalition government. The priorities of Macon’s administration are combating illegal immigration but also promoting the integration of foreign nationals in France. The challenge of the far right will continue to be a focus point from an immigration policy perspective.
In preparation for Paris hosting the 2024 Summer Olympic Games, French authorities began operating a new Olympic consulate system for processing the anticipated high volume of visa applications entirely online via the government’s France-Visas platform. The Olympic consulate system represents France’s first venture into processing e-visas and a similar digitalized visa process. The French government later launched a new digital tool that will alert foreign nationals when it is time to renew their residence permit. The new digital program is designed to help foreign nationals request renewal of their residence permit in a timely manner and avoid late fees as well as limit the need for issuance of provisional documents.
The government is also undertaking additional efforts to relax rules related to the taxes paid by French companies that hire foreign nationals from outside the European Union/European Economic Area/Switzerland. A recently released policy provided a benefit for employers of French residence permit holders, for whom they no longer need to pay the foreign worker tax. This measure is part of an effort to streamline the immigration process and ease the process for French employers seeking to attract and hire foreign talent.
New immigration law
The French government published a new comprehensive immigration law on Jan. 27 that included provisions for a new residence permit for medical professionals and a residence permit allowing for the regularization of certain undocumented workers. The bill also introduced a French-language proficiency requirement for multiyear residence permit holders while also installing limits on repeated renewals of certain temporary residence permits. The law was originally passed in December 2023, but several provisions were later struck down by the Constitutional Council. After right-wing and far-right pressure, most of the measures rejected by France’s nine-member Constitutional Council were later added back into the controversial bill. Le Pen supported the legislation after it was passed in December and the bill received popular protests. The new law includes important amendments surrounding residency and citizenship intended to combat irregular migration. Permit holders should prepare in advance for when the changes will take effect. The renewal limitation for temporary residence permits took immediate effect, but the higher language proficiency changes are expected to be in force by Jan. 1, 2026.