The U.S. Embassy in Rwanda announced that it will reopen Oct. 21, 2024, for all in-person services, including visa services and interviews.

Key Points:

• On Sept. 27, 2024, the government of Rwanda confirmed cases of Marburg Virus Disease (MVD) in health facilities in Rwanda.
• The U.S. Embassy in Kigali (Rwanda’s capital) authorized its employees to work remotely from Oct. 7-11, 2024. All in-person services at the U.S. Embassy during this period were suspended, including visa interviews.
• U.S. visa applicants can create accounts, pay visa application fees and schedule visa appointments online here.

Additional Information: MVD is like Ebola virus, causing severe hemorrhagic fever. According to Johns Hopkins Bloomberg School of Public Health, Rwanda confirmed 62 MVD cases and 15 deaths as of Oct. 15. Eighty percent of the cases were among healthcare workers. The outbreak has so far been contained to Rwanda. While there is no approved vaccine for MVD, an experimental vaccine has been sent to Rwanda.

BAL will continue to monitor the situation and report on relevant updates.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 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 announced that certain Lebanese nationals currently residing in the United States will be eligible for Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) protections.

Key Points:

• DHS is designating Lebanon for TPS for 18 months due to ongoing armed conflict in the region and temporary conditions preventing Lebanese nationals from safely returning to the country. Eligible individuals must have continuously resided in the U.S. since Oct. 16, 2024. Further details will be provided in a forthcoming Federal Register notice.
• U.S. Citizenship and Immigration Services published a Federal Register notice establishing procedures for Lebanese nationals covered by DED, granted by President Biden in July, to apply for employment authorization documents valid through Jan. 25, 2026.
• DHS also published a Special Student Relief Notice for F-1 nonimmigrant students who are Lebanese nationals. Eligible students may request employment authorization, work an increased number of hours while school is in session and reduce their course load while maintaining F-1 status during the DED designation period.

Additional Information: Approximately 11,000 Lebanese nationals are expected to be eligible for TPS and DED, and approximately 1,740 F-1 nonimmigrant students from Lebanon may be eligible for Special Student Relief.

BAL Analysis: BAL will continue following this matter and will provide updates as they become available.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 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.

In this week’s episode of the BAL Immigration Report, Gabriel Castro discusses O-1 visas and why more employers are considering them as an alternative to the H-1B lottery. Plus, the latest immigration news.

Explore more episodes of the BAL Immigration Report podcast, available on Apple, Spotify and the BAL immigration news page.

A group of farm and business organizations as well as the state of Mississippi have filed a lawsuit against the Department of Labor seeking to block implementation of a final rule expanding labor rights for H-2A workers.

Key Points:

• The new lawsuit, filed in the U.S. District Court of the Southern District of Mississippi, argues that the final rule is unlawful and therefore should not be implemented.
• Plaintiffs include the International Fresh Produce Association, American Farm Bureau Federation, Mississippi Farm Bureau Federation, Stone County Farm Bureau, Chamber of Commerce of the United States of America, AmericanHort, Florida Fruit & Vegetable Association, North American Blueberry Council, Texas International Produce Association and the State of Mississippi.
• As BAL previously reported, the Farmworker Protection Rule was intended to provide improved protections for H-2A visa holders. However, the Office of Foreign Labor Certification within the DOL delayed implementing elements of the rule (also known as the Farmworker Protection Rule) after a preliminary injunction was ordered in the U.S. District Court for the Southern District of Georgia. The preliminary injunction also resulted in courts staying the rule in Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas and Virginia.

Additional Information: The H-2A program allows U.S. employers to bring foreign nationals to the U.S. to fill temporary agricultural jobs. Further information about the H-2A program is available here.

BAL Analysis: BAL will continue following this litigation and will provide updates as they become available.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 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 updated Policy Manual guidance on the International Entrepreneur Rule.

Key Points:

• The update incorporates the International Entrepreneur Program: Fiscal Year 2025 Automatic Increase of Investment and Revenue Amount Requirements Final Rule, which was published in July. This rule codifies the automatic adjustment of the investment, award, grant and revenue amounts for program applicants.
• The new guidance also clarifies that USCIS coordinates with the State Department to arrange biometrics appointments for conditionally approved International Entrepreneur applicants who are outside the United States or who choose to receive their parole documentation at a U.S. embassy or consulate.

Additional Information: The revised investment and revenue amounts went into effect on Oct. 1 and apply to requests filed on or after that date. More information on this updated policy guidance is available here.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 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 released the November Visa Bulletin. EB-1, EB-2 and EB-3 Final Action Dates and Dates for Filing saw no movement and remained the same as in October. All employment-based preference categories must use the Dates for Filing chart, which remains the same as last month’s bulletin.

Final Action Dates and Dates for Filing Movement:

EB-1

• China EB-1 Final Action Date and Date for Filing will remain the same.
• India EB-1 Final Action Date and Date for Filing will remain the same.
• For all other countries under EB-1, including Mexico and the Philippines, Final Action Dates and Dates for Filing will remain the same.

EB-2

• China EB-2 Final Action Date and Date for Filing will remain the same.
• India EB-2 Final Action Date and Date for Filing will remain the same.
• For all other countries under EB-2, including Mexico and the Philippines, Final Action Dates and Dates for Filing will remain the same.

EB-3

• China EB-3 Final Action Date and Date for Filing will remain the same.
• India EB-3 Final Action Date and Date for Filing will remain the same.
• For all other countries under EB-3, including Mexico and the Philippines, Final Action Dates and Dates for Filing will remain the same.

Final Action Dates for Employment-Based Preference Cases

Preference	All chargeability areas except those listed	China	India	Mexico	Philippines
EB-1	Current	Nov. 8, 2022	Feb. 1, 2022	Current	Current
EB-2	March 15, 2023	March 22, 2020	July 15, 2012	March 15, 2023	March 15, 2023
EB-3	Nov. 15, 2022	April 1, 2020	Nov. 1, 2012	Nov. 15, 2022	Nov. 15, 2022

Dates for Filing of Employment-Based Visa Applications

Preference	All chargeability areas except those listed	China	India	Mexico	Philippines
EB-1	Current	Jan. 1, 2023	April 15, 2022	Current	Current
EB-2	Aug. 1, 2023	Oct. 1, 2020	Jan. 1, 2013	Aug. 1, 2023	Aug. 1, 2023
EB-3	March 1, 2023	Nov. 15, 2020	June 8, 2013	March 1, 2023	March 1, 2023

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 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.

Registration for the Diversity Visa 2026 lottery is open until Tuesday, Nov. 5.

Key Points:

• Registration began Wednesday, Oct. 2, and closes Tuesday, Nov. 5, at noon EST.
• Please note that the Federal Register lists 2023 dates and has not yet been updated as of publication.
• Applicants must register online by submitting the Diversity Visa entry form, which is available on the State Department’s e-DV website. Paper applications are not accepted. Entries are limited to one person, and multiple entries will render the entrant ineligible.
• Lottery winners will be selected at random. Registrants will be given a confirmation number that they may use to check if they’ve been selected starting from May 4, 2025, through Sept. 30, 2026, on the e-DV website.
• This year, individuals born in the following countries are ineligible: Bangladesh, Brazil, Canada, China (including mainland and Hong Kong born), Colombia, Cuba, the Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, the Philippines, Republic of Korea (South Korea), Venezuela and Vietnam. Natives of Macao and Taiwan are eligible.
• With the exception of Cuba, which is not eligible for DV-2026, there were no changes in eligibility from the previous fiscal year.
• The State Department’s complete instructions are available here.

Additional Information: The State Department urges applicants not to wait until the final week to register because heavy demand may cause website delays. Individuals should also be aware of scams that frequently target DV lottery registrants. Individuals are reminded that the registration process is free and that the only way to enter the lottery and obtain lottery results is via the State Department’s e-DV website.

The Department of State urges U.S. citizens to depart Lebanon due to the volatile and unpredictable security situation in the country. The U.S. Embassy in Lebanon is available to provide assistance.

Key Points:

• The Department of State urges U.S. citizens to depart Lebanon now while commercial options and U.S. augmentation flights remain available.
• U.S. citizens who choose not to depart should prepare contingency plans for emergency situations and be prepared to shelter in place if necessary.
• The U.S. Embassy in Lebanon can assist U.S. citizens and their immediate family traveling with them to depart the country.
  • Immediate family members include spouses, children under 21-years old and parents with a means to enter the United States or Schengen Area.
• The U.S. Embassy in Beirut is not providing routine visa services, but can assist with:
  • Processing emergency U.S. passport requests
  • Directing U.S. citizens to available flights that depart to a safe third country
  • Providing eligible U.S. citizens emergency loans to relocate to a safe location
• Receive updates from the Embassy by enrolling in the Smart Traveler Enrollment Program (STEP) or following the “U.S. Department of State – Crisis Updates for U.S. Citizens” WhatsApp channel.

Additional Information: U.S. citizens in Lebanon can fill out this form to receive information about departure or loan assistance. Visit https://lb.usembassy.gov/visas/ or  https://www.ustraveldocs.com/lb/ for updates on U.S. visa processing in Lebanon.

The Biden administration’s efforts to ease Dreamers’ ability to obtain work visas is paying off, according to the American Immigration Lawyers Association (AILA).

Key Points:

• In June, the Biden administration clarified guidance regarding certain waivers for Dreamers — beneficiaries of Deferred Action for Childhood Arrivals (DACA) — to obtain work visas. This action was followed by the State Department updating its Foreign Affairs Manual to allow certain U.S. higher education graduates to qualify for expedited D3 waiver processing.
• The expedited D3 waiver option offers certain Dreamers and other undocumented individuals a clearer path to obtaining a temporary work visa.
• AILA described several successful recent D3 waiver approvals, noting “the real-life impact of the new D3 guidance. It’s not just about policy changes on paper — it’s about creating opportunities for Dreamers who are now contributing their skills and expertise to the U.S. workforce.”

Additional Information: Given the time required to prepare many temporary work visa petitions, AILA does not expect to see wider use of the D3 pathway until next year.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 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.

In this week’s episode, BAL’s Steve Plastrik highlights the immigration trends for Fiscal Year 2024 that impacted employers including H-1B selection rates.

View the links below for visualized data of the trends mentioned in his analysis:

• Visa appointment wait times
• Visa Bulletin trends
• Nonimmigrant visa issuance numbers
• H-1B cap registrations & selection rates

Have you started preparing for the upcoming H-1B cap season? Let us help you with your planning Register for the BAL Community Benchmarking webinar: H-1B Cap Planning on Oct. 16 with special guest Catalina Komin, Immigration & Mobility Specialist for Analysis Group.

All in-house immigration professionals can join the BAL Community and access all webinars and employer resources for free.

Explore more episodes of the BAL Immigration Report podcast, available on Apple, Spotify and the BAL immigration news page.