Episode 48: BAL Immigration Report: AI executive order, EAD extensions, the MLB playoffs

It’s Nov. 2, and this is your BAL Immigration Report.

• The White House calls for streamlined immigration policies for AI workers.
• A temporary policy that provided longer automatic extensions of employment authorization has expired.
• The baseball playoffs highlight a trend involving visitors from Venezuela.

“In the long run it’s only going to disincentivize Venezuelan players from coming to play in the U.S. They may choose to go play in Japan or Korea or the Mexican leagues instead when they would be participating here.”

—Gabriel Castro, BAL Senior Associate

U.S. news

Executive order on AI

President Biden issued an executive order this week addressing artificial intelligence and called for more high-skilled immigration to the U.S. The executive order directs the Departments of State and Homeland Security to take various actions to prioritize immigration for foreign nationals who work, study or conduct research on AI or other critical or emerging technologies.

Work on some of the measures — for example, the efforts to modernize the H-1B program and pilot domestic visa renewal — is already underway. Other measures would require government agencies to initiate rulemaking, which can be a lengthy process.

EAD extension policy expires

A temporary policy that provided longer automatic extensions of employment authorization documents has expired. The temporary policy, which took effect in May 2022, increased the extension period for certain employment authorization renewal applications to 540 days. Applications are now eligible for automatic extensions of up to 180 days. U.S. Citizenship and Immigration Services said it is considering if a new temporary provision, similar to the previous one, is needed to address ongoing processing and operational issues.

U.S. news roundup

• An updated version of the Form I-9 became mandatory Nov. 1.
• The 2025 Diversity Visa registration window closes Nov. 7.
• Employers continue to grapple with the recently released proposal to modernize the H-1B program. Look for the link to a recent BAL Community webinar on the proposal com/events.

Spotlight

Conversation with Gabriel Castro, BAL senior associate: the Major League Baseball playoffs and U.S. visa adjudication trends.

BAL Immigration Report: Like other sports, baseball is an increasingly international game, boasting players from 20 countries and territories. Baseball fans are spread across the world.
The MLB Network’s global feed broadcast the recently concluded World Series in 210 countries and territories across 137 networks in 16 different languages.

In the lead-up to the World Series, however, immigration was in the news for another reason — because Philly star pitcher José Alvarado’s family was denied entry to the U.S. to see him play. We spoke with Gabriel Castro, the head of BAL’s Sports and Entertainment practice, just as the World Series was getting underway.

Castro: The World Series is one of my favorite times of the year. This is finally when the season is coming to an end in America’s pastime. And, as you probably know, this is a game that is becoming more and more international over the years. Primarily, this has been Latin American players and also players coming from Asia. But what we’ve seen is a huge growth in popularity in the sport in countries like the Dominican Republic, Mexico and, of course, Venezuela.

Venezuela is key to this discussion, because a lot of what’s going on in Venezuela in terms of political and diplomatic relations in the United States is now a affecting the lives of Venezuelan baseball players and Major League Baseball. José Alvarado is a star relief pitcher for the Philadelphia Phillies. They went on an amazing run during this postseason, where you saw them beat the Braves and come very close to making the World Series. In the middle of this, Alvarado was pitching on a pretty regular basis and having a phenomenal postseason. But unfortunately, most of his immediate family had to watch him from home in Venezuela. This is because they were denied their B-1 visas to come see him play.

BAL: Castro says Alvarado’s situation is not unique.

Castro: They have a son and brother who is playing Major League Baseball in the United States, making millions of dollars to play Major League Baseball in the United States, but still when they go into the U.S. Consulate, they are being told they are not likely to return to their home country, and that’s why they’re being denied their B-1 visa. Unfortunately, this is becoming a worrying trend among sports immigration practitioners — I’ve talked to multiple who have seen this. I’ve seen it myself, and again, you have a client who’s a million dollar baseball player and his parents, his siblings, his partners cannot come to see him play simply because of the way that their visa applications are being adjudicated currently.

BAL: Castro acknowledged that State Department visa officers are in a tough spot when adjudicating applications from Venezuela. The country has been torn apart by political and economic turmoil, leading many people to leave. In this context, visa officers must try to determine the likelihood that visitor visa applicants will return to Venezuela or remain in the U.S. Still, Castro says there are consequences to these kind of visa denials.

Castro: This is something that has to change. You cannot be telling the family members of the best baseball players in the world that their family can’t come in to see the World Series, to see them pitch in the World Series and the playoffs, and this is something that in the long run is only going to disincentivize Venezuelan players from coming to play in the U.S. They may choose to go play in Japan or Korea or the Mexican leagues instead when they would be participating here. I think this is something that definitely is going to have to change, and I think it’s in America’s best interest to be supporting these athletes and their family in the United States.

BAL: We asked Castro what needs to change to ensure that legitimate visitors from Venezuela are not denied entry.

Castro: I just think that the Department of State officials overlooking these cases have to take into account what’s going on, take into account the importance of these games to their family members and coming over specifically to see their children play at this stage of the game. Anytime you see a country in turmoil and with a lack of diplomatic relations in the United States, these issues are going to arise. And you want to see more deferential treatment, especially to those who have family members living, working, making a living in the United States, making a life in the United States. You want people to be able to visit their family and you want to be able to know that they are going to return home and give them the benefit of the doubt on that account.

Global news

India resumes processing some Canadian visas

The Indian government has resumed processing some visas for Canadian nationals. Indian entry, business, medical and conference visas are once again available to Canadian applicants. However, Indian tourist visas are not being processed for Canadians at this time. Indian authorities will consider emergency situations on a case-by-case basis. The resumption of service was made in response to recent measures taken by Canada and may help deescalate the ongoing diplomatic tensions between the two countries.

Hong Kong immigration measures

Hong Kong’s government has announced a series of measures to attract foreign nationals to live and work there. The changes were part of the chief executive’s 2023 policy address. They include reopening a scheme for foreign investors that has been suspended since 2015 and expanding the number of universities on the Top Talent Pass scheme.

Other measures include relaxing visa requirements for certain foreign nationals, offering two-year visas to mainland Chinese employees of Hong Kong-registered companies and a pilot program allowing foreign vocational school graduates an opportunity to find a job in their field.

Global news roundup

• Israel announced it would extend the validity of some visas.
• The United Kingdom launched a new electronic travel authorization requirement for Qatari nationals.
• The Canadian government announced new salary measures for employers with temporary foreign workers.

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