U.S. Citizenship and Immigration Services held a webinar today to provide information specifically about attorney representation when submitting electronic H-1B registrations this cap season.

Key points:

  • If an attorney or legal representative is submitting registrations on behalf of a company, both the attorney and the company will need to create myUSCIS accounts.
  • Companies may create myUSCIS “H-1B registrant” accounts beginning Feb. 24, 10 a.m. EST.
  • Attorneys may create accounts now, but will not be able to draft H-1B registrations until the registration period opens March 1, noon EST. The registration period closes March 20, noon EST.
  • During the registration period, attorneys will draft H-1B registrations in their myUSCIS account as well as a Form G-28, which authorizes the attorney to represent the company. The attorney will receive a passcode and provide it to the company’s authorized signatory. The signatory will then log onto the company’s myUSCIS account and enter the passcode in order to review and accept the G-28 and the registrations. The attorney may then pay the registration fees and submit the registrations on behalf of the company through the attorney’s account.
  • A G-28 must be submitted for each registration session. Each session may include up to 250 H-1B beneficiaries, but there is no limit on the total number of registrations a company may file.
  • USCIS will select H-1B registrations between March 20 and March 31. Selection notices will be sent by the method selected when the account was created (email or text message). Additionally, a “selected” designation will appear next to selected registrations in myUSCIS accounts.
  • The filing period for petitioners to file full H-1B petitions on behalf of selected registrations is expected to begin April 1 and run for 90 days. The agency has not yet announced whether premium processing will be available.

BAL Analysis: Petitioners should prepare to have their authorized signatory create an account on myUSCIS.gov beginning Feb. 24. The agency will hold another webinar for attorneys and representatives on Feb. 12 and has stated that it will provide additional videos and guidance on the new process. BAL has created an H-1B Electronic Registration Resource Center exclusively for clients to access news, breaking developments, government documents and podcasts. Log in to the Resource Center here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 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.

A federal judge has vacated and issued a permanent nationwide injunction of a Trump administration policy that changed the way “unlawful presence” is calculated for foreign students and exchange visitors.

Key points:

  • DHS is blocked from implementing its May 10, 2018 and August 9, 2018 policy memoranda that would change the calculation of “unlawful presence” for F, J and M visa holders.
  • The policy memos have not been in effect since the court’s earlier ruling temporarily blocking their implementation on May 3, 2019.
  • Yesterday’s ruling permanently blocks the policies from taking effect. The court addressed the merits of the case and concluded that the policy memos violated the rulemaking procedures of the Administrative Procedure Act and conflicted with the Immigration and Nationality Act.
  • DHS will likely appeal the ruling.

BAL Analysis: The policy memoranda would change the way unlawful presence is calculated, such that F, M and J visa holders would begin to accrue unlawful presence the day after they violated their student status, regardless of whether the government made a finding of a status violation. The calculation method is important because those who have been in “unlawful presence” and then depart the U.S. may be barred from returning to the U.S. for three or 10 years, depending on the length of unlawful presence. Under longstanding rules, unlawful presence begins only after an official finding by the government that the individual has violated his or her status. DHS is likely to appeal the ruling, and BAL will continue to monitor for developments on this issue.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 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 held a webinar today to provide information on how to open a USCIS account and submit H-1B electronic registrations this cap season.

Key points:

  • If a law firm will submit registrations on behalf of a company, both the law firm and the company will need to create myUSCIS accounts. Today’s webinar was geared toward registrant companies, and USCIS will provide more details for attorneys and representatives regarding the new process during another webinar next week.
  • H-1B registrants may open a myUSCIS account beginning Feb. 24, 10 a.m. EST.
  • Registrants will be able to submit H-1B registrations when the registration period opens on March 1, noon EST, and may continue to submit registrations until the period closes on March 20, noon EST.
  • A lottery will be conducted on the registrations between March 20 and March 31. Selection of registrations will appear in individual accounts. Selection notices will be sent no later than March 31.
  • The filing period for petitioners to file full H-1B petitions on behalf of selected registrations is expected to begin April 1 and run for 90 days. The agency has not yet announced whether premium processing will be available.

BAL Analysis: Petitioners should anticipate working with their BAL professional to open USCIS accounts beginning Feb. 24. BAL is closely following rollout of the H-1B Electronic Registration system and will inform clients of any new developments. Additionally, BAL has created an H-1B Electronic Registration Resource Center exclusively for clients to access news, breaking developments, government documents and podcasts. Log in to the Resource Center here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 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 has sent a letter to New York state officials suspending enrollment in Trusted Traveler programs for all New York residents in response to the state’s law passed last June allowing undocumented immigrants to apply for driver’s licenses. The letter states that the agency is taking this action because the New York law limits information sharing between the New York Department of Motor Vehicles and DHS.

Key points:

  • New York residents will no longer be eligible to enroll or re-enroll in Trusted Traveler programs such as Global Entry, NEXUS, SENTRI and FAST.
  • New York residents who are currently enrolled may continue to use the programs until their enrollment expires.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 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 has released new versions of forms that will be required, except in Illinois, under the public charge rule starting Feb. 24. The announcement follows a Supreme Court ruling that lifted nationwide temporary injunctions and allows the government to implement the rule while the lawsuits proceed.

Key points:

  • Beginning Feb. 24, new editions of several forms must be used, including the form used for H-1B, L-1 and other nonimmigrant workers, extension or changes of nonimmigrant status, and adjustment of status (permanent residence), among others.
  • Old versions of the forms will be rejected if postmarked on or after Feb. 24, 2020, except for petitioners and applicants in Illinois. The postmark date on petitions sent by commercial courier is the date on the courier receipt.
  • Additionally, adjustment of status applicants will be required to submit a new form called the Declaration of Self-Sufficiency, Form I-944.
  • USCIS may request that certain applicants post a public charge bond and submit accompanying Form I-945.
  • Petitioning employers and applicants in Illinois may use current forms until further notice.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 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 United States has implemented new entry restrictions on those traveling from mainland China in an effort to stop the spread of coronavirus.

The restrictions ban most foreign nationals from entering the United States if they have been in China in the past 14 days. They also require mandatory quarantines for U.S. citizens, green card holders, and their immediate family members returning from Hubei Province and health screening for U.S. citizens, green card holders and immediate family members returning from other parts of the Chinese mainland. The United States has canceled visa appointments this week at the U.S. embassy and consulates in China.

Key points:

  • Foreign nationals who were physically present in China, excluding Hong Kong and Macau, during the past 14 days before attempting to travel to the United States will be denied entry. The entry ban does not apply to U.S. citizens, lawful permanent residents, immediate family of U.S. citizens/lawful permanent residents and a limited number of other foreign travelers.
  • U.S. citizens and foreign nationals who are allowed to enter the United States will be diverted to one of 11 U.S. airports: John F. Kennedy International Airport in New York, Chicago O’Hare International Airport, San Francisco International Airport, Seattle-Tacoma International Airport, Daniel K. Inouye International Airport in Honolulu, Los Angeles International Airport, Hartsfield-Jackson Atlanta International Airport, Dallas-Ft. Worth International Airport, Detroit Metro Airport, Michigan, Newark Liberty International Airport, and Washington Dulles International Airport.
  • Returning travelers will be subject to a 14-day quarantine if they have visited Hubei Province. Those returning from other parts of mainland China will be subject to a health check and self-screening measures. Available information indicates that these measures will apply to U.S. citizens, lawful permanent residents and others exempt from the entry ban.
  • The U.S. embassy and consulates have canceled all immigrant and nonimmigrant visa appointments this week. It is not clear when appointments will resume. Those with urgent travel needs should contact BAL.

Background: The coronavirus causes flu-like symptoms and double pneumonia. Thousands of people in China have been infected and some travel-related cases in the U.S. have been detected. The World Health Organization designated the outbreak as a public health emergency of international concern, and a number of countries are moving to impose travel and immigration restrictions to stop the virus from spreading. The U.S. State Department last week urged Americans not to travel to China, and several U.S. airlines followed up by canceling flights to and from mainland China. President Donald Trump signed a proclamation imposing the entry ban on Friday.

BAL Analysis: The measures represent a dramatic escalation in the U.S. response to coronavirus. Those planning travel between the U.S. and China are urged to reconsider their plans. Employers and visa applicants in both China and the U.S. should expect continued delays. Employers must be prepared to be flexible with employee schedules and start dates. The response to the coronavirus is evolving rapidly, and BAL will alert clients to additional changes or restrictions as information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 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.

President Donald Trump signed a proclamation late Friday, imposing an entry ban on most travelers from China amid the coronavirus outbreak. Lawful permanent residents, their immediate family members and a limited number of other travelers will be exempt. The U.S. also moved to implement mandatory quarantines of U.S. citizens returning from Hubei Province in China and said it will cancel visa appointments next week at U.S. consulates in China.

Key points:

  • The proclamation, which is set to take effect Feb. 2 at 5 p.m. EST, bars entry into the U.S. of all foreign nationals who were physically present in China (excluding Hong Kong and Macau) during the 14 days before their attempted entry into the U.S.
  • Exempt from the ban are: (1) lawful permanent residents; (2) spouses of U.S. citizens or lawful permanent residents; (3) parents or legal guardians of unmarried U.S. citizens or lawful permanent residents who are under 21; (4) siblings of U.S. citizens or lawful permanent residents, provided both siblings are unmarried and under 21; (5) children, foster children, wards and certain prospective adoptees of U.S. citizens or lawful permanent residents; (6) anyone traveling at the invitation of the U.S. government to help contain the virus; (7) certain foreign nationals traveling as air or sea crew; (8) those seeking entry to the U.S. as foreign government officials or their immediate family; (9) foreign nationals who do not pose a risk of spreading the virus, as determined by the U.S. Centers for Disease Control and Prevention; and (10) foreign nationals who would advance important law enforcement priorities or whose entry would be in the nationals interest, as determined by the appropriate government officials.
  • The Department of Health and Human Services announced that U.S. citizens returning to the U.S. from Hubei Province would be quarantined for up to 14 days upon arrival in the U.S. Those returning from other parts of mainland China will be subject to self-screening measures. These measures will also take effect Sunday at 5 p.m. EST.
  • The U.S. embassy and consulates in China are canceling all immigrant and nonimmigrant visa appointments the week of Feb. 3. Those with urgent travel needs should contact BAL.

Background: The coronavirus causes flu-like symptoms and double pneumonia. Thousands of people in China have been infected and some travel-related cases in the U.S. have been detected. The World Health Organization designated the outbreak as a public health emergency of international concern, and a number of countries are moving to impose travel and immigration restrictions to stop the virus from spreading. The U.S. State Department on Thursday urged Americans not to travel to China, and several U.S. airlines followed up by canceling flights between mainland China and the U.S.

BAL Analysis: The measures represent a dramatic escalation in the U.S. response to coronavirus. Those planning travel between the U.S. and China are urged to reconsider their plans amid growing concern about the virus and new travel restrictions. Employers and visa applicants in both China and the U.S. should expect continued delays. Employers must be prepared to be flexible with employee schedules and start dates. The response to the coronavirus is evolving rapidly, and BAL will alert clients to additional changes or restrictions as information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 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 has published a new version of Form I-9, Employment Eligibility Verification, and a notice in the Federal Register regarding the transition period.

Key points:

  • Employers should begin using the new version immediately.
  • The new version of Form I-9 with a version date of 10/21/2019 is available on the USCIS I-9 page.
  • From Jan. 1 to April 30, employers may use either the previous version (version 07/17/2017) or the new, current version (version 10/21/2019).
  • The previous version (version 07/17/2017) will become obsolete on April 30, 2020.

BAL Analysis: Employers should begin using the new version of Form I-9 immediately and no later than April 30. Employers who fail to use the new version after April 30 may be subject to penalties. Employers do not need to complete the new version of the form for current employees who already have a properly completed Form I-9 on file, unless reverification is required.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 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 has announced that the Department of Homeland Security’s public charge rule will be implemented Feb. 24, 2020.

The rule will take effect in all states except Illinois, where it remains subject to a federal court injunction. The announcement comes after a 5-4 Supreme Court ruling to lift a nationwide injunction on the rule; the Court’s ruling did not address the injunction in Illinois.

Key Points:

  • Effective Feb. 24, employers will no longer be able to file the current version of Forms I-129, I-485, I-539, I-539A and I-864. USCIS said it would release new versions of the forms, submission instructions and guidance the week of Feb. 3.
  • Filings postmarked on and after Feb. 24 will be subject to the rule. For nonimmigrant workers changing or extending status, this means they must attest that they have not received public benefits as defined in the regulation since obtaining their nonimmigrant status; they do not need to prove that they will not become a public charge in the future.
  • Adjustment of status (green card) applicants on or after Feb. 24 will be required to submit a new form (Form I-944 Declaration of Self-Sufficiency) and supporting documentation to demonstrate that they will not become a public charge in the future under the regulation’s expanded definitions.
  • The State Department issued a similar public charge rule for visa applicants applying at U.S. consulates abroad, which has not yet been enforced because the accompanying public charge visa questionnaire has yet to be finalized.

Background: DHS published the final public charge rule last August with an effective date of Oct. 15, 2019, but the rule was subsequently enjoined by multiple federal courts. The regulation redefines “public charge” under the Immigration and Nationality Act and significantly tightens rules used by USCIS adjudicators when determining whether an applicant may become a public charge in the future and is therefore inadmissible. The Supreme Court lifted the nationwide injunction earlier this week, clearing the way for the administration to implement the rule while litigation challenging it continues.

BAL Analysis: Employers and applicants for green cards and extensions or changes of nonimmigrant status in the U.S. should anticipate longer case processing timelines and factor in additional preparation time to complete updated or new USCIS forms. Employees should be prepared to furnish documentation and other information requested on the new forms pertaining to their finances, prior use of public benefits, or potential future reliance on public benefits. BAL will provide further updates as additional information is released.

This alert has been provided by the BAL U.S. and Global Practice groups. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 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.

President Donald Trump signed a proclamation today restricting immigrant visa issuance for nationals of six countries. The proclamation is entitled “Proclamation on Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry.”

Key points:

  • The proclamation will take effect at 12:01 a.m. Eastern Standard Time on Feb. 21, 2020.
  • Nationals of Eritrea, Kyrgyzstan, Myanmar, and Nigeria will be restricted from obtaining immigrant visas (including employment-based, family-based, and diversity visas).
  • Nationals of Sudan and Tanzania will be restricted from obtaining immigrant visas under the diversity visa program only.
  • The proclamation does not apply to nonimmigrant (i.e., temporary) visas, such as visitor or business visas, or H-1B and other temporary worker categories.
  • The proclamation will not apply to individuals who have already been granted valid immigrant visas as of the effective date.
  • The proclamation includes exemptions and a waiver process.

BAL Analysis: Employers whose employees may be impacted are encouraged to consult with their BAL professional. The State Department and Department of Homeland Security may release guidance on how the proclamation will be implemented. BAL will continue to monitor these new restrictions and will report additional developments as they become available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 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.