The U.S. Department of Labor (DOL) has issued a notice for a proposed rule to rescind several provisions from its April 29, 2024, final rule governing the H-2A visa program.

Key Points:

  • The proposed rule aims to reduce regulatory burdens on employers (e.g., unnecessary costs and administrative complexity) and streamline compliance while maintaining protections for temporary foreign agricultural workers.
  • The proposed rule would eliminate several employer obligations introduced in April 2024, which the DOL now considers excessive and impractical, including:
    • Mandatory progressive discipline policies for terminating H-2A workers
    • Anti-retaliation measures for workers engaged in organizing activities
    • Expanded authority for State Workforce Agencies (SWAs) to block employer access to the H-2A program without a hearing
    • Eliminating requirements for detailed personal information from employers

Additional Information: The H-2A visa program allows U.S. agricultural employers to hire foreign nationals for temporary or seasonal work when domestic labor is insufficient. The April 2024 rule was initially introduced to strengthen worker protections and improve oversight of employer practices.

The DOL encourages feedback from both employers and worker advocacy groups to ensure the final rule reflects a fair and effective framework for the H-2A program.

Public comments can be submitted through Sept. 2, 2025 here.

This alert has been provided by the BAL U.S. Practice Group. 

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U.S. Citizenship and Immigration Services (USCIS) will only accept the Jan. 20, 2025, edition of Form I-129, Petition for a Nonimmigrant Worker starting July 30, 2025.

Until July 30, petitioners can also use the Jan. 17, 2025, edition (edition dates are located at the bottom of the form page).

Form I-129 is filed on behalf of temporary nonimmigrant workers to obtain a certain visa classification (e.g., H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1) or to request an extension of stay in or change of status to certain visa classifications.

More information on Form I-129, including instructions, fees and filing tips can be found here.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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 (DHS) announced the termination of Temporary Protected Status (TPS) for Haiti effective Sept. 2, 2025.

Key Points:

  • The TPS designation for Haiti was set to expire on Aug. 3, 2025, but will now terminate on Sept. 2, 2025.
  • After interagency meetings, the Secretary of Homeland Security determined that Haiti “no longer continues to meet the conditions for designation for TPS.”
  • If eligible, Haitian nationals (and individuals with no nationality who last habitually resided in Haiti) can pursue other lawful options to remain in the United States.
  • Through the notice, DHS automatically extends the validity of certain Employment Authorization Documents (EADs) previously issued under the TPS designation of Haiti through September 2, 2025. The notice states that as continued proof of employment authorization through Sept. 2, 2025, Haitian TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under “Category” and a “Card Expires” date of Feb. 3, 2026; Aug. 3, 2025; Aug. 3, 2024; June 30, 2024; Feb. 3, 2023; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; July 22, 2019; Jan. 22, 2018; or July 22, 2017.

Additional Information: In February, DHS rescinded Haiti’s extended TPS designation, shortening it to Aug. 3, 2025. The official notice for Termination of the Designation of Haiti for Temporary Protected Status was published in the Federal Register on July 1, 2025.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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 U.S. Embassy Jerusalem’s latest security alert states that Ben Gurion airport is now open and that the Israel Airport Authority has lifted restrictions on incoming/outgoing flights and the number of passengers on each flight.

U.S. citizens are advised to check for seat availability on El Al, Arkia, Air Haifa and Israir.

Additional information on airlines, border crossings and security precautions can be found here.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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.

Starting July 1, 2025, U.S. Citizenship and Immigration Services (USCIS) will no longer send short message service (SMS), also known as text messages, from the number 468-311 (GOV-311). The new official SMS number will be 872466 (USAIMM).

This change affects all USCIS text communications, including case status updates, appointment reminders and security notifications. Recipients should be cautious of messages purporting to be from the USCIS that do not originate from the new number and update contact records accordingly to avoid confusion or missed notifications. USCIS does not direct message through social media platforms.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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.

U.S. Citizenship and Immigration Services (USCIS) released an alert on updated policy guidance for the TN visa program under the United States-Mexico-Canada Agreement (USMCA) clarifying eligibility, filing procedures and occupational criteria for Canadian and Mexican professionals seeking employment in the United States.

Key Points:

  • The policy updates are effective immediately, superseding all previous TN-related guidance found in the Adjudicator’s Field Manual and related memoranda. It applies to petitions and applications filed on or after June 4.
  • The updated guidance outlines the specific criteria that Canadian and Mexican citizens must meet to qualify for TN visa status which includes having prearranged professional-level work in the U.S. and possessing the necessary qualifications of the profession (often a bachelor’s degree or relevant licensure).
  • Included among the updates are:
    • Guidance for specific professions like engineers, economists, physicians, scientific technicians/technologists and other occupations
    • Guidance for the spouses and unmarried minor children of TN visa holders, outlining their eligibility to accompany or follow to join the principal nonimmigrant

Additional Information: The TN visa classification, originally established under the North American Free Trade Agreement (NAFTA) in 1994, facilitates cross-border employment for qualified Canadian and Mexican professionals in the United States. Employers are encouraged to review the new chapters (1–6) in Volume 2, Part P of the USCIS Policy Manual to ensure compliance with the latest standards.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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 U.S. Embassy in Jerusalem will resume regular appointments for U.S. passports and Consular Reports of Birth Abroad (CRBA) today, Wednesday, June 25, 2025.

Emergency passport services will be available without appointments for walk-ins before 8:30 a.m. in both Jerusalem and Tel Aviv.

Visa operations in both locations will resume on Monday, June 30.

U.S. government employees and their family members are restricted from travel outside the greater Tel Aviv (including Herzliya, Netanya and Even Yehuda), Jerusalem and Be’er Sheva areas until further notice.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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 Office of Foreign Labor Certification (OFLC) issued a reminder that the three-day filing window for H-2B visa applications with an October 1, 2025, start date will open at 12 a.m. ET on July 3 and close at 11:59 p.m. ET on July 5, 2025.

Key Points:

  • This filing period marks the beginning of the semi-annual visa allotment for the first half of Fiscal Year (FY) 2026. This window is the earliest permissible filing period for the first half of FY 2026.
  • Once the three-day window ends, OFLC will use a randomized process to assign applications to analysts for review to ensure equitable processing of all timely filed applications.
  • To avoid delays or denials employers should:

o  File only one application per job opportunity to avoid duplicate submissions

o  Clearly detail deductions for board, lodging or other facilities

o  Include a copy of the work order submitted to the State Workforce Agency (SWA) with the application

o  Use only original and current signatures on Appendix B

Additional Information: The H-2B visa program allows U.S. employers to hire foreign workers for temporary non-agricultural jobs when there are not enough U.S. workers available. The program is subject to a statutory cap, divided into two halves of the fiscal year. The July 3–5 filing window is critical for employers aiming to secure workers for the October 1 start date, which marks the beginning of the first half of FY 2026.

Employers requesting start dates after October 1 must follow the standard timeliness rules under 20 CFR 655.15(b), which require filing no more than 90 days and no fewer than 75 days before the employment start date.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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.

U.S. Customs and Border Protection (CBP) launched the new CBP Link mobile app, which facilitates certain processes and functions for businesses and travelers entering the United States.

Key Points:

  • CBP Link enables Visa Waiver Program travelers to apply and pay for an I-94 up to seven days before arriving in the U.S.
  • The app also facilitates inspection requests for perishable cargo and manifest submissions by bus operators.
  • Previous users of CBP Home will have their information automatically updated upon download.
  • CBP Link can be downloaded for free on Google Play, the Apple App Store or the CBP website.

Additional Information: Although the CBP Link app has the same functions formerly included in the CBP Home app, the latter will now solely be used for self-deportation.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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 State Department released a worldwide caution security alert advising U.S. citizens to exercise increased caution while travelling abroad. The U.S. Embassy in Qatar issued a security alert for American citizens to shelter in place until further notice. The U.S. Embassy Jerusalem is still directing U.S. government employees and their families to continue to shelter in place but is providing limited passport services and currently assisting with departures.

Key Points:

  • The continuing escalation of the Israel/Iran conflict has disrupted travel throughout the Middle East with periodic closures of regional air space.
  • The U.S. Embassy Jerusalem Consular Section resumed limited in-person operations today (Monday, June 23) to provide limited emergency U.S. passport service to those without a valid U.S. passport. No regular passport or Consular Report of Birth Abroad services will be available.
  • There are no regularly scheduled commercial flights from Ben Gurion Airport, however, the State Department has begun assisted departure flights from Israel for U.S. Citizens. The Associated Press reported that 79 staff and families were evacuated from the U.S. Embassy on Friday. Online forms for those wishing to depart can be completed here.
  • U.S. government employees and their family members are also advised to continue to shelter in place in and near their residences until further notice, however, U.S. citizens seeking to depart Israel or the West Bank should take the first available option, even if it is not the first destination choice.
  • The embassy security alert provides additional actions to take and resources for departures through Jordan and Egypt and responding to security incidents.

Additional Information: The U.S. Embassy is not endorsing third party providers assisting U.S. citizens in departing Israel, but there have been successful evacuations via this route. U.S. citizens can also check local media for commercial opportunities to depart Israel by ship. Regularly monitoring the State Department’s travel advisories for Israel, the West Bank, Gaza is also advised.

BAL will continue to monitor the situation and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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.