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Priority-date cutoffs will see minimal or no advancement in most employment-based categories next month, according to the Final Action Dates published Friday in the State Department’s February Visa Bulletin.
Key movements in the February Visa Bulletin:
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 February. 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 in the coming days. BAL will update clients once officials confirm whether the chart can be used in January.
Dates for Filing for Employment-Based Preference Cases:
Additional notes: The Visa Bulletin said that because of consistently high demand this fiscal year EB-3 Worldwide could retrogress in March if there is not “a sudden and dramatic decrease” in demand. In EB-1, the trend seems to be moving in the opposite direction—at least for countries other than China and India. Last month, the State Department’s Charlie Oppenheim told the American Immigration Lawyers Association that EB-1 demand for all countries other than China and India has tapered off in recent months and that these categories could potentially become current by the summer.
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 U.S. State Department has dramatically increased visa issuance fees for Australian nationals in certain visa categories, as of Dec. 23, 2019.
The U.S. government charges visa issuance fees for nonimmigrant visas that are approved. The fee increases are intended to reciprocate the fees the Australian government charges U.S. citizens who are issued visas.
The new schedule for Australian nationals in key nonimmigrant visa categories is as follows:
BAL Analysis: The higher visa issuance fees for Australians reflect an attempt to comply with an executive order issued by President Donald Trump on March 6, 2017 that called for a review of all visa reciprocity fees and validity periods. The fees will significantly increase costs for American and Australian employers whose Australian employees and assignees are issued U.S. visas, especially in the E, F, H and L categories. Notably, the E-3 category for Australian specialty occupation workers is not affected by the visa issuance fee increases.
U.S. Citizenship and Immigration Services has posted a prepublication version of a notice providing additional details about the H-1B online registration process that will begin March 1 for the upcoming cap season. An official version of the notice is expected to be published tomorrow in the Federal Register.
Key points:
BAL Analysis: Employers should prepare for the registration period opening March 1 and anticipate setting up an online account before that date. BAL is closely following the introduction of the H-1B registration system and will continue to provide information as it becomes available.
The U.S. State Department has suspended public consular operations at the U.S. Embassy in Bagdad following militia attacks earlier this week. All scheduled appointments have been canceled.
Background: Protestors swarmed the embassy earlier this week, prompting the State Department to shut down consular services and issue an updated travel advisory for Iraq. The protestors have since dispersed, but services remain suspended at this time.
BAL Analysis: BAL urges companies with personnel in Iraq to account for all of their employees and closely monitor events. Officials have urged nonemergency personnel not to travel to Iraq, to avoid the embassy and other demonstration areas and monitor local and international media for information. Those in urgent need of immigration services are encouraged to contact BAL immediately. The BAL U.S. consular team is available to facilitate US visa application filing at alternative locations in the region.
The Labor Department has posted processing times current as of Nov. 30 for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: The department has announced that it is now adjudicating applications filed in September and earlier, is conducting audit reviews on applications filed in April and earlier, and is reviewing appeals filed in July and earlier for reconsideration.
Average PERM processing times in November:
PWD Processing: The National Prevailing Wage Center was processing PWD requests filed in August and earlier for H-1B and PERM cases. Redeterminations were being considered on appeals filed in October and earlier for H-1B cases and for PERM cases. Center director reviews were being conducted on appeals filed in November and earlier for PERM cases and H-1B cases.
Average times for issuance of prevailing wage determinations in November:
The Labor Department reports PERM and PWD processing time frames on its iCERT page.
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 September and earlier and is seeing PWDs for requests filed in August and earlier.
Copyright © 2019 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 number of visas issued at U.S. consulates declined for the second consecutive year, according to statistics released by the State Department.
The number of visas issued at U.S. posts abroad for the past five fiscal years are shown below, along with percentage changes from previous years.
(up 9.6%)
(down 6.7%)
(up 1.2%)
(up 15.9%)
(down 4.9%)
(up 14.8%)
(up 13.7%)
(up 16.2%)
(down 9.4%)
(down 4.6%)
BAL Analysis: Although the number of employment-based immigrant visas issued increased, about 85% of employment-based cases obtain status through adjustment of status in the U.S., not visa processing, so this statistic does not necessarily reflect an increase in the total number of employment-based immigration cases approved. The significant decrease in family-based immigrant visa issuance is due in part to increased use of the public charge ineligibility, which primarily affects family-based immigration.
Copyright © 2019 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 in January it will follow the State Department’s Dates for Filing chart, as published in the January Visa Bulletin, to determine whether applicants are eligible to file for adjustment of status.
Family-based immigrants will also use the Dates for Filing chart applicable to family-sponsored immigrants, which was also published in the January Visa Bulletin.
BAL Analysis: January will mark the fourth straight month that USCIS will use the Dates for Filing chart. This is good news for a number of employment-based immigrants, as the Dates for Filing chart generally contains more progressive cutoff dates than the Final Action Dates chart, especially in EB-1. Because Vietnam is not included on the Dates for Filing chart, adjustment of status applicants from Vietnam should use the dates listed under “all other countries.”
Federal agencies will be closed on Tuesday, Dec. 24, under an executive order President Trump signed yesterday.
Priority-date cutoffs will see minimal or no advancement in most employment-based categories next month, according to the Final Action Dates published Monday in the State Department’s January Visa Bulletin.
Key movements in the January Visa Bulletin.
The State Department also released its Dates for Filing chart for January. 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 in the coming days. BAL will update clients once officials confirm whether the chart can be used in January.
Additional notes: The visa bulletin predicted little forward movement in most employment-based categories in the coming months, with the exception of Worldwide EB-1, which could see dates become current. The bulletin said priority cutoff dates could be imposed in the Worldwide EB-2 category in the second half of the fiscal year and in the Worldwide EB-3 category in March or earlier.
U.S. Citizenship and Immigration Services (USCIS) has extended the public comment period for a proposed regulation that would increase immigration-related fees, and has reduced the amount the agency proposes to recover for immigration enforcement activities, according to a Federal Register notice published Monday.
Key takeaways:
Background: USCIS published the proposed regulation last month with a public comment period ending Dec. 16. In addition to increasing immigration fees overall, filing fees for nonimmigrant worker petitions would be specific to the visa classification. Currently, Form I-129 and the $460 filing fee covers all nonimmigrant work visa categories. The proposed rule also contains a host of other changes, including new fees for companies that rely heavily on H-1B and L-1 workers, and lengthening the premium processing time to 15 business days instead of 15 calendar days.
BAL Analysis: Following the comment period, USCIS is required to review all comments before issuing a final rule. The regulation is expected to have a 60-day delayed effective date. Though the USCIS fee increases in the final rule may be lower than originally projected, companies should still budget for significantly higher government filing fees in most employment-based categories. BAL is continuing to monitor the progress of this proposal and will provide updates as more information becomes available.