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In this week’s episode, BAL’s Kelli Duehning discusses fragile and quasi immigration statuses like DACA, the differences between them and what to anticipate regarding theses statuses with a change in administration. Plus, the latest immigration news.
This alert has been provided by the BAL U.S. Practice Group.
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In this week’s episode, BAL’s Edward Rios and Femi Adeyemi discuss compliance issues that often get overlooked with foreign national employees during mergers and acquisitions and company restructures. Plus, the latest immigration news.
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.
In this week’s episode, BAL’s Eileen Lohmann and Steve Plastrik dive into the remaining immigration priorities for the Biden administration ranging from adjustment of status improvements to DACA updates to finalizing the H-1B modernization rule.
Plus, top immigration news including the most recent advancements posted in the October Visa Bulletin.
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.
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.
In this week’s episode, BAL’s Gabriel Castro and Kristi Ngo discuss a recent end-of-summer event they attended with a group of global mobility professionals – and understanding what global mobility means. Plus, the latest immigration news.
In this week’s episode, BAL’s Chad Li and Kyle McLaughlin discuss common questions about the PERM process and identify four main considerations employers should be aware of when navigating its complexities. Plus, the latest U.S. and global immigration news.
This podcast has been provided by the BAL U.S. Practice Group.
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.