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U.S. Citizenship and Immigration Services announced today that it has conducted the initial H-1B lottery after having received enough registrations to exceed the allotted H-1B quotas during the electronic registration period.
Key Points:
BAL Analysis: Companies are reminded that while the filing period will remain open for 90 days, they should prioritize time-sensitive candidates such as F-1 students on cap-gap and others whose status may expire soon. BAL continues to monitor the H-1B process and will provide updates as information becomes available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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Secretary of Homeland Security Alejandro N. Mayorkas released a statement Friday saying that the Department of Homeland Security (DHS) would issue a notice of proposed rulemaking to “preserve and fortify” the Deferred Action for Childhood Arrivals program (DACA).
DACA protects more than 640,000 people who were brought to the U.S. unlawfully as children from deportation, but is the subject of ongoing litigation. U.S. District Judge Andrew Hanen will hold a hearing Tuesday in a case in which Texas and other states are challenging the legality of the Obama-era program.
In January, President Joe Biden issued a memorandum ordering DHS to take steps to protect DACA. Formal regulations could help preserve DACA, but Mayorkas emphasized that legislation is the only way to provide permanent legal status and a path to citizenship for Dreamers.
“We are taking action to preserve and fortify DACA,” Mayorkas said in his statement. “This is in keeping with the President’s memorandum. It is an important step, but only the passage of legislation can give full protection and a path to citizenship to the Dreamers who know the U.S. as their home.”
BAL Analysis: BAL is monitoring legislative, regulatory and judicial developments related to DACA, and will continue to provide updates as information becomes available. For the latest information on DACA, please visit BAL’s DACA Resource Center here.
The H-1B electronic registration period closed today at noon Eastern Time. U.S. Citizenship and Immigration Services is no longer accepting FY 2022 cap registrations.
Background: This year marks the second year that USCIS has used the H-1B electronic registration process. USCIS opened the registration window March 9.
BAL Analysis: USCIS will continue to post information about registration on its H-1B Electronic Registration Process website. BAL continues to monitor the H-1B process and will provide updates as information becomes available.
U.S. Citizenship and Immigration Services has announced that in April it will accept employment-based applications for adjustment of status based on the State Department’s Final Action Dates chart.
The Dates for Filing chart published in the April Visa Bulletin will not apply. Employment-based immigrants must follow the Final Action Dates chart (below) to determine whether they are eligible to file their petitions for adjustment of status with USCIS.
Final Action Dates for Employment-Based Preference Cases:
Additional information: April will mark the fourth time this fiscal year that USCIS will use Final Action Dates for employment-based adjustment-of-status applications. Family-based applicants may use the applicable Dates for Filing chart, except for F2A category applicants, who may use Final Action Dates.
The H-1B electronic registration period will close at noon EDT on Thursday, March 25. Here are a few reminders for those going through the process:
Background: This year marks the second year that USCIS has used the H-1B electronic registration process. U.S. Citizenship and Immigration Services opened the registration window March 9.
BAL Analysis: Employers must be sure to submit registrations for each H-1B candidate before the deadline at noon on March 25. USCIS will continue to post information about registration on its H-1B Electronic Registration Process website. BAL continues to monitor the H-1B process and will provide updates as information becomes available.
The Department of Homeland Secretary announced this week that it would designate Myanmar for Temporary Protected Status for 18 months.
Additional Information: Secretary of Homeland Security Alejandro N. Mayorkas said in his statement this week that the people of Myanmar are suffering a “complex and deteriorating humanitarian crisis” following a military coup last month.
The House of Representatives on Thursday passed the American Dream and Promise Act of 2021, voting 228-197 to provide a pathway to citizenship to millions of Dreamers and other immigrants living in the United States. The legislation faces uncertain prospects in the Senate.
Background: The status of Dreamers has been a top political issue in immigration in recent years. In January, President Joe Biden ordered the Department of Homeland Security to take steps to “preserve and fortify” Deferred Action for Childhood Arrivals (DACA), the Obama-era program that protects millions of Dreamers from deportation and allows them to apply for work authorization. DACA is the subject of ongoing litigation, however, and business organizations and others have consistently pushed lawmakers to find a legislative fix.
On March 3, the Coalition for the American Dream, which comprises more than 100 of the nation’s top businesses and trade associations, sent a letter to Senate leaders urging Democrats and Republicans to work together to pass the Senate bill. The Coalition praised the House vote Thursday, calling it “an important step forward towards Congress finally addressing a long overdue issue that Americans in both parties overwhelmingly support.”
BAL Analysis: The passage of the American Dream and Promise Act in the House is a significant victory for Dreamers and their supporters. The legislation faces an uncertain future in the Senate, however. Clients interested in supporting the legislation are encouraged to continue to do so through business associations that are urging Congress to pass the legislation. BAL will continue to follow developments related to DACA and the Dreamer legislation and will provide updates as information becomes available.
The Department of Homeland Security has extended bans on nonessential land travel across the U.S. borders with Canada and Mexico.
Additional Information: The nonessential travel bans were imposed in March of last year because of the COVID-19 pandemic. They were initially in place for 30 days and have been extended continuously since then.
The Department of Labor (DOL) will propose a regulation to further delay a rule that significantly increases wage levels for H-1B and other specialty occupation workers. The agency posted a pre-publication version of a proposed rule today.
Background: The wage rule was originally issued in October 2020 without notice or a public comment period, and was struck down by a federal court in December. Before Trump left office, the administration issued the current version of the rule that provided for less dramatic wage increases, a delayed effective date and a phased-in approach to implementing the wage levels. Litigation remains pending challenging the regulation.
BAL Analysis: DOL will accept comments on the proposal for 30 days and will publish a final rule after reviewing the comments. The proposed delay in the effective date of the regulation until next year and in the implementation of the higher wage levels until January 2023 is a positive development. The delay would afford the agency more time to assess the economic analysis on which the regulation was based and give employers more time to plan for potential increases to the required wage thresholds for affected employees.
The U.S. State Department has expanded a policy that grants consular officers greater leeway to waive in-person interviews.
Background: Normally only applicants whose visas expired in the past 12 months are eligible for an interview waiver. Under a policy implemented in August, applicants whose visa expired in the last 24 months were eligible. The State Department announced on March 11 that it would expand waiver eligibility again, this time to 48 months.
BAL Analysis: While the expansion of the interview waiver benefits some applicants, the impact may be limited both because consular officers retain discretion to require an interview and because of limited visa services because of the COVID-19 pandemic. BAL continues to monitor the administration’s response to the pandemic and will provide updates as information becomes available.