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Jeff Robins, a top immigration litigator, will chair BAL’s litigation group and join the Government Strategies team.
DALLAS, October 22, 2024 /PRNewswire/ — BAL, the world’s leading corporate immigration law firm, announced today that Jeff Robins, one of the most experienced immigration litigators in the country, has joined the firm. Jeff will chair the firm’s litigation group and be a part of Government Strategies team.
“There is no one else like him in the country,” said Lynden Melmed, partner at BAL and former Chief Counsel of U.S. Citizenship and Immigration Services (USCIS). “Jeff started his career at USCIS and then spent almost two decades litigating immigration cases on behalf of the government. His knowledge of federal litigation in the immigration arena is unparalleled.”
Prior to joining BAL, Jeff served as Deputy Director of the Office of Immigration Litigation District Court Section, placing him at the forefront of the litigation of immigration-related issues including jurisdictional issues, class actions and programmatic, regulatory and constitutional challenges. He advised senior leadership in the Departments of Justice, Homeland Security, State and Health and Human Services, as well as U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement and U.S. Customs and Border Patrol.
Over the course of his career Jeff has litigated cases in more than 20 federal district courts and a majority of the 13 federal courts of appeal. Jeff has been at the center of high-stakes immigration cases that include complex H-1B visa litigation, the creation and operation of the Deferred Action for Childhood Arrivals and U Visa programs, Temporary Protected Status, conditions of confinement at immigration detention facilities and Denaturalization.
“Litigation is an increasing area of focus for our clients,” said Frieda Garcia, managing partner at BAL. “Companies must monitor ongoing litigation and evaluate when and how to pursue relief on their own. But we also know that there are sensitivities surrounding immigration and that litigating against the federal government requires excellent judgment. We are confident that Jeff will help clients achieve their objectives without creating public relations or political risks.”
Jeff joins the leading Government Strategies team at a critical time for U.S. immigration. Irrespective of who wins the 2024 presidential election, companies will need to adapt in the upcoming year to rapidly changing policies and enforcement priorities.
To learn more about the firm’s Government Strategies team or to set up a consultation, please email balgov@bal.com.
About BALÂ
Established in 1980, BAL powers human achievement through immigration expertise, people-centered client services and innovative technology. BAL, with 13 offices across the United States and global coverage in more than 185 countries around the world, operates as a single entity through its oneBAL culture — a uniquely holistic approach, intentionally structured as one team, one brand, one P&L, one standard of excellence and one unifying technology. This united approach enables the firm to deliver the highest level of knowledge, insights and resources from across the entire organization. At BAL, we pursue the exceptional. To learn more, visit bal.com.
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The stakes are high for the 2024 presidential election, especially for immigration programs. A change in administrations could result in a reactionary environment and swift immigration challenges on day one.
As we count down to the election, now is the time to prepare your immigration program for any outcome. Download this action plan for guidance on organizing a dedicated working group, identifying foreign national employees who require proactive protection and communicating real-time updates to key stakeholders.
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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.  Â
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. Â
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 Â
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 voteÂ
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 benefitsÂ
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, MarĂa 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 Martà 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.