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Priority-date cutoffs will advance significantly in key employment-based categories next month, according to the State Department’s June Visa Bulletin.
Key Movements in Final Action Dates in June:
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
The State Department also released its Dates for Filing chart for June. Applicants seeking to file for adjustment of status are reminded that the chart does not take effect unless U.S. Citizenship and Immigration Services confirms that it does via a web posting after the Visa Bulletin is released.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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BAL submitted a comment this week in response to the U.S. Citizenship and Immigration Services (USCIS) request for ideas on how to improve access to immigration services and benefits.
USCIS published its Request for Public Input last month as part of its implementation of President Biden’s Feb. 2 Executive Order on legal immigration. In response, BAL recommended actions to reduce barriers and restore faith in the legal immigration system, including:
BAL also offered suggestions on how USCIS could improve case adjudication, customer service and case assistance processes. BAL’s full comment to USCIS is available here.
BAL Analysis: USCIS has taken a number of positive steps in recent months to improve immigration policies and processes, including its April 27 guidance on deference to prior approvals and its temporary policy to suspend certain biometrics requirements. The Request for Public Input was a welcome opportunity for BAL and other stakeholders to present ideas for additional changes. The comment period closes May 19. BAL will continue to track the Biden administration’s policies on immigration and will provide updates on important developments as they occur.
The White House announced Friday that it would rescind a 2019 proclamation that would have denied immigrant visas to applicants based on their ability to cover health costs. The proclamation, issued by the Trump administration, never took effect because it was blocked in court.
Key Points:
BAL Analysis: The revocation of the 2019 proclamation means that immigrant visa applicants will not be subject to additional criteria the Trump administration sought to impose, concerning their ability to pay healthcare expenses. BAL will continue to follow the Biden administration’s policies on immigration and will provide updates on important developments.
U.S. Citizenship and Immigration Services (USCIS) has officially announced the temporary suspension of the biometrics submission requirement for certain Form I-539 applicants. The change takes effect May 17.
Background: USCIS disclosed plans for the new biometrics policy last week in a filing in Edakunni v. Mayorkas.
The Department of Labor (DOL) will delay its regulation to amend wage obligations for certain temporary visa classifications and permanent labor certifications (PERM), according to a pre-publication notice posted Wednesday.
Background: The DOL wage rule was originally issued in October 2020 and took effect immediately without notice or a public comment period. It was then struck down by a federal court in December. The Trump administration issued a new version of the rule in January, providing for less dramatic wage increases, a delayed effective date and a phased-in approach to implementing new wage levels. The Biden administration has now delayed the rule again to allow more time to review it. A pre-publication version of the delay rule is available here. The final rule is scheduled for publication in the Federal Register on May 13.
U.S. Citizenship and Immigration Services (USCIS) has withdrawn a proposed regulation that would have significantly expanded biometrics collection.
BAL Analysis: The proposed rule would have significantly expanded biometrics collection and, in some cases, may have prolonged processing times. With the withdrawal of the proposed rule, however, current rules regarding biometrics collection remain in place.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of April 30, the department was adjudicating applications filed in October and earlier, conducting audit reviews on applications filed in June and earlier, and reviewing appeals for reconsideration filed in November and earlier.
Average PERM processing times:
PWD Processing: As of April 30, the National Prevailing Wage Center was processing PWD requests filed in November and earlier for H-1B and PERM cases, according to the Labor Department. Redeterminations were being considered on appeals filed in March and earlier for H-1B and PERM cases. Center director reviews were being conducted for H-1B and PERM cases filed in April and earlier.
Average times for issuance of PWDs:
BAL Analysis: BAL’s internal case tracking is consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in October and earlier and is starting to see PWDs for requests filed in November and earlier.
U.S. Citizenship and Immigration Services (USCIS) is finalizing a plan to temporarily suspend the collection of in-person biometrics from certain Form I-539 applicants, according to an agency court filing. The change could take effect as soon as May 17.
BAL Analysis: The suspension will ease the Form I-539 application process and could improve overall processing times. Applicants are reminded, however, that the suspension has not yet taken effect, nor has it been detailed in a formal USCIS announcement. Applicants must attend their scheduled biometrics appointments. Even after the new policy takes effect, applicants who have already received a biometric services appointment notice will be expected to fulfill the biometrics requirement. BAL continues to monitor the situation and will provide additional information as it becomes available.
The U.S Embassy in Moscow has announced that it would reduce consular services starting May 12 after Russia moved to prohibit U.S. Mission Russia from employing non-Russian nationals.
BAL Analysis: The change will significantly limit U.S. consular services available in Russia, and some applicants may have to apply through an embassy or consulate outside of Russia in order to obtain a visa. BAL will continue to follow developments and will report additional information as it becomes available.
Source: This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
The U.S. government has begun enforcing a proclamation banning entry to most foreign nationals traveling from India as nonimmigrants. The White House announced the restrictions on Friday.
Background: Besides India, the U.S. continues to bar entry to most foreign nationals who have been physically present in Brazil, China, Iran, Ireland, South Africa, the United Kingdom or the Schengen Area in the 14 days prior to entering the country. U.S. citizens, lawful permanent residents and a limited number of others are exempt. Anyone flying to the U.S., including citizens and lawful permanent residents, must provide documentation of a negative viral COVID-19 test taken within three days of travel or evidence of recovery from a recent COVID-19 infection.
BAL Analysis: BAL continues to urge foreign nationals to consult their BAL professional before planning international travel, as travel restrictions may change with little notice and could affect travelers’ ability to re-enter the U.S. BAL continues to monitor the U.S.’s COVID-19 travel and immigration restrictions and will provide additional information as it becomes available.