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President Biden issued a proclamation today that revokes the immigrant visa ban that suspended entry of foreign nationals in immigrant visa (i.e. green card) categories.
Key Points:
BAL Analysis: Biden’s revocation of the immigrant visa ban is a positive sign for those who have been prevented from applying for immigrant visas or from entering the U.S. under the ban. The ban primarily affected family-based immigrants. Today’s proclamation does not revoke the work-visa ban issued on June 22, 2020 (Proclamation 10052), which bans certain temporary nonimmigrant visa categories, including H-1B, L-1 and J-1 visas. That ban is scheduled to expire March 31.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2021 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 announced Wednesday it would extend premium processing to E-3 nonimmigrant visa petitioners.
Additional Information: The E-3 visa classification is only available to Australian nationals in a specialty occupation. Australian nationals who are outside of the country can apply for E-3 nonimmigrant visas directly through the U.S. State Department; those inside the United States can do so by filing Form I-129 with USCIS. E-3 petitioners must (1) be nationals of Australia; (2) have a legitimate offer of employment in the United States; (3) have the required academic or qualifying credentials; and (4) be filling a position that qualifies as a specialty occupation.
Priority-date cutoffs will advance in most employment-based categories next month, according to the State Department’s March Visa Bulletin. U.S. Citizenship and Immigration Services confirmed Tuesday that it would continue using the Final Action Dates chart for adjustment-of-status applications in March.
Key Movements in Final Action Dates for March:
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
Additional Information: Priority-date cutoffs advanced dramatically in the October Visa Bulletin, did not change in November and advanced modestly in most categories in December. Priority-date cutoffs retrogressed sharply in January following USICS’s switch to the Final Action Dates after it used Dates for Filing for the first three months of the fiscal year. Dates advanced modestly in most categories in February.
H-1B approval rates rose in the 2020 fiscal year, but remained historically low, according to new statistics released by U.S. Citizenship and Immigration Services.
The Department of Homeland Security has extended the ban on nonessential land travel 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.
A comprehensive immigration reform bill that President Joe Biden announced and sent to Congress his first day in office has now been introduced in Congress.
BAL Analysis: The bill and its timing is an indication that President Biden is prioritizing immigration reform as a policy goal. BAL will continue to follow legislative proposals and update clients on significant developments.
U.S. Citizenship and Immigration Services will hold a webinar for H-1B petitioners on the electronic registration process for the upcoming fiscal year 2022 cap season.
Background: The Feb. 24 webinar is specifically for H-1B petitioners. USCIS is holding a separate webinar on Feb. 23 for attorneys and representatives.
BAL Analysis: Employers are encouraged to attend the webinar to familiarize themselves with the process before the electronic registration period opens on March 9.
United States Citizenship and Immigration Services (USCIS) recently implemented changes to the green card renewal process.
BAL Analysis: The change will make it easier for legal permanent residents to retain evidence of their legal status and work authorization after applying to renew their green cards. Additional information is available on USCIS’s Replace Your Green Card page.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.Copyright © 2021 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 Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of Jan 31, the department was adjudicating applications filed in July and earlier, conducting audit reviews on applications filed in March and earlier, and reviewing appeals for reconsideration filed in September and earlier.
Average PERM processing times in January:
PWD Processing: As of Jan. 31, the National Prevailing Wage Center was processing PWD requests filed in August and earlier for H-1B and PERM cases, according to the Labor Department. Redeterminations were being considered on appeals filed in December and earlier for PERM cases and January and earlier for H-1B cases. Center director reviews were being conducted on PERM cases filed in December and earlier. There were no center director reviews pending for H-1B cases.
Average times for issuance of prevailing wage determinations:
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 July and earlier, and is seeing PWDs for requests filed in August and earlier for H-1B cases and PERM cases.
United States Citizenship and Immigration Services (USCIS) announced Friday that its initial H-1B electronic registration period will open at noon EST on March 9 and will close at noon EDT on March 25.
Additional Information: The Department of Homeland Security announced Thursday that it would delay implementation of the Trump administration’s H-1B wage prioritization regulation until Dec. 31, thus leaving the random lottery in place this cap season. This year marks the second year that USCIS has used the H-1B electronic registration process. USCIS will continue to post information about registration on its H-1B Electronic Registration Process website.