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IMPACT — MEDIUM
The Japanese government extended its tourist eVisa to foreign nationals living in 11 countries.
Key Points:
Additional Information: Travelers who hold passports from the 69 countries that are part of Japan’s visa exemption program, including the U.S., are not required to obtain an eVisa to visit the country.
This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The Philippine government has ended its COVID-19 public health emergency, changing requirements for incoming foreign travelers.
BAL Analysis: The change will ease entry procedures for travel to the Philippines. The Philippine government also recently lifted Travel Pass requirements for some visa holders following the end of the COVID-19 emergency. BAL will continue following developments in the Philippines and will provide updates as information becomes available.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of July 31, the department was adjudicating applications filed in September 2022 and earlier, conducting audit reviews on applications filed in June 2022 and earlier, and reviewing appeals for reconsideration filed in September 2022 and earlier.
Average Number of Days to Process PERM Applications
PWD Processing: As of July 31, the National Prevailing Wage Center was processing PWD requests filed in January 2023 and earlier for H-1B OEWS and PERM OEWS cases, November 2022 and earlier for H-1B non-OEWS cases, and September 2022 and earlier for PERM non-OEWS cases. Redeterminations were being considered on appeals filed in February 2023 and earlier for H-1B cases and PERM cases. Center Director Reviews were being conducted for H-1B and PERM cases filed in June 2023 and earlier.
BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in September 2022 and earlier, but PWDs for requests filed in February 2023 and earlier for H-1B OEWS and PERM OEWS cases.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Sen. Chris Murphy, D-Conn., and Rep. Lori Trahan, D-Mass., have introduced a bill that would allow international college athletes to market their Name, Image and Likeness without losing their F-1 student visa status.
Additional Information: In 2021, the National Collegiate Athletics Association adopted an NIL policy that allows student athletes to engage in NIL activities — such as product endorsements, personal appearances, autographs or social media posts — consistent with the laws in their schools’ states. Murphy and Trahan have introduced NIL legislation before, but this is the first time it has included provisions for foreign student athletes. The push for rules that would allow foreign student athletes to take advantage of this NIL policy in the same manner as U.S. athletes has gained some traction, but so far Congress has not passed meaningful legislation on the issue.
The Canadian government has launched a new Recognized Employer Pilot under the Temporary Foreign Worker Program.
Additional Information: Employers eligible for REP must have at least three positive LMIAs for the same occupation over the last five years, and the occupation must be on the shortage list, as designated by the Canadian Occupational Projection System. More information about REP is available here.
The Russian government has launched a short-term e-visa for nationals of more than 50 countries.
Background: Russian authorities approved the e-visa in 2020, but the launch was delayed by COVID-19 and governmental data system modernization.
The Irish government recently modified several naturalization requirements regarding minors and time spent outside of the country.
Additional Information: More information about these changes is available here.
The State Department released the September Visa Bulletin Tuesday, showing modest or no movement in key employment-based categories. U.S. Citizenship and Immigration Services confirmed it would use the Final Action Dates chart to determine employment-based filing eligibility for adjustment of status.
Final Action Dates: Key Movements
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
BAL Analysis: The lack of movement in most categories in the September Visa Bulletin follows dramatic retrogression in India EB-1 and some other categories in the August Visa Bulletin. As a reminder, priority-date cutoffs in some key categories are likely to advance in October, when additional visas become available at the start of the 2024 fiscal year; however, movement of priority-date cutoffs depends on several factors, including visa demand and the employment-based visa limit for the upcoming fiscal year. BAL will continue following the Visa Bulletin and will provide updates as information becomes available.
U.S. Citizenship and Immigration Services completes a second H-1B registration lottery. The U.S. limits Hungarian citizens’ access to the visa waiver program. And a look at J-1 visa opportunities for STEM researchers and specialists — and how they could help keep the U.S. competitive in the global economy.
Get this news and more in the new episode of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and Google Podcasts or on the BAL news site.
This alert has been provided by the BAL U.S. Practice group.
Copyright ©2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The Department of Homeland Security publishes a much-anticipated Form I-9 rule. USCIS announces it will conduct a second H-1B registration lottery. And a closer look at two recent Supreme Court cases and their impact on DACA litigation.