Search
Contact
Login
Share this article
U.S. Citizenship and Immigration Services has announced plans for a pilot program affecting Canadian citizen L-1 applicants crossing into the U.S. through ports of entry in Blaine, Wash. Under the program, these applicants will first submit their L-1 petitions to USCIS rather than directly to U.S. Customs and Border Protection at the border.
Key points:
BAL Analysis: While the USCIS announcement of this program described it as an “option,” other reports indicate that Canadian L-1 applicants will be required starting April 30 to submit their petitions to USCIS if seeking admission at the Blaine, Wash. ports of entry. Affected applicants should make plans to either submit L-1 petitions to USCIS or use other ports of entry. More information is anticipated between now and the April 30 implementation date. BAL will continue to follow the development of the pilot program and provide updates as needed.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2018 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 Trump administration has expelled 60 Russian diplomats and ordered the closure of the Russian consulate in Seattle, the White House announced Monday. The move was taken in conjunction with NATO allies in response to the poisoning of a former Russian spy and his daughter in Salisbury, England earlier this month.
BAL Analysis: The Russian visa application center (ILS) in Seattle remains open as normal and is accepting documents by mail and on a walk-in basis without an appointment. After April 1, visa applicants should select Houston, New York, San Francisco or Washington, D.C. as the Russian mission handling their application. Applicants should anticipate delays of several days as a result of the closure.
U.S. Citizenship and Immigration Services announced today that it will suspend premium processing for all H-1B cap-subject petitions beginning April 2, 2018, the first day filing begins.
BAL Analysis: USCIS had previously announced that it would suspend premium processing at the start of cap season but today’s announcement provides an estimated length of five months. Employers should anticipate delays in H-1B cap receipt notices.
The U.S. Embassy in Paris has discontinued its Golden Arrow program, which provided expedited processing of E-2 Treaty Investor visas for large companies that regularly send French employees to the U.S.
Background: E-2 visas are available for individuals and their family members who are either engaged in substantial trade in a qualifying activity, directing and developing an enterprise in which the individual has invested a substantial amount of capital, or filling an executive/supervisory role or providing skills deemed essential to the operation of a qualifying E-2 entity.
BAL Analysis: Termination of the program is consistent with the Trump administration’s directive to increase visa scrutiny under the “Buy American, Hire American” memo issued in April 2017. Companies should anticipate some processing delays as a result of having to submit the additional documentation, but the change is unlikely to have a significant impact on E visa adjudication. It is unclear whether other embassies that currently offer E-2 company registration will discontinue their registration programs.
Multiple news outlets have reported that the Trump administration is preparing to impose new visa restrictions on Chinese nationals.
The changes are reportedly under consideration as part of a broader package of trade restrictions targeting China. According to multiple reports, the restrictions could include caps on visas for Chinese students, researchers and executives. They may also include scrapping a program that allows Chinese nationals to apply for visas that are valid for 10 years.
The potential restrictions have not been finalized, but reports indicate that the administration may be making a public announcement in the next week or two.
BAL Analysis: While they could potentially have a significant impact on Chinese travelers, no changes have been implemented at this point. BAL will continue to follow this matter and alert clients to any significant developments.
U.S. Citizenship and Immigration Services has announced that in April it will only accept employment-based adjustment-of-status applications based on the Application Final Action Dates chart.
The Dates for Filing chart published in the State Department’s April Visa Bulletin will not apply. Employment-based immigrants must follow the Application Final Action Dates chart (below) to determine whether they are eligible to file their adjustment-of-status petitions with USCIS. Only applicants with priority dates earlier than the dates listed in the chart will be permitted to file their applications for adjustment of status in April.
Application Final Action Dates for Employment-Based Preference Cases:
Family-based immigrants will be permitted to use the Dates for Filing chart applicable to family-sponsored immigrants, which was also published in the April Visa Bulletin.
BAL Analysis: The announcement will affect Chinese and Indian nationals in the first, second and third preference categories, and Philippine nationals in the third preference category. For other nationalities, the categories are current in both the Final Action and Dates for Filing charts for employment-based first, second and third preferences.
Cutoff priority dates will be imposed in the China EB-1 and India EB-1 employer-based categories for the first time this year, according to the State Department’s April Visa Bulletin. China EB-2 and the EB-3 categories for China, India and the Philippines will advance significantly.
Key movements:
Additional notes: All EB-1 and EB-2 categories other than those for China and India will remain current. The EB-3 categories for El Salvador, Guatemala and Honduras, Mexico and All Other Chargeability Areas will also remain current.
The imposition of cutoff priority dates in China EB-1 and India EB-1, which have been current up to now this year, are likely being undertaken to control the number of visas issued between now and the end of the fiscal year Sept. 30, as the number of available immigrant visas runs out. The number of immigrant visas will probably increase again in the next fiscal year under the 2019 fiscal year’s annual limits.
The State Department also released its Dates for Filing chart for April. 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 the State Department confirms whether the chart can be used in April.
The Justice Department filed suit this week to stop California from enforcing three state laws that it says obstruct the federal government’s ability to enforce federal immigration law. The government asked the court to permanently enjoin:
Background: President Donald Trump and other administration officials have criticized so-called sanctuary jurisdictions, and the lawsuit represents part of a broader effort to prevent state and local authorities from hindering federal enforcement efforts. The complaint filed late Tuesday in the U.S. District Court for the Eastern District of California, asks the court to halt the enforcement of the state laws, claiming they are “preempted by federal law and impermissibly discriminate against the United States.” California Attorney General Xavier Becerra said at a press conference that the state laws are “fully constitutional and provide for the safety and welfare of all of our people.”
BAL Analysis: AB 450 and the other immigration laws challenged by the lawsuit remain in effect and will continue to be enforced unless a judge rules in the federal government’s favor. BAL will follow the litigation as it moves through the court system and will alert clients to any changes. An FAQ on what employers need to know about AB 450 is available here.
Passwords for some permanent labor certification accounts are no longer valid following a Labor Department system upgrade.
Users attempting to log into PERM accounts at www.plc.doleta.gov, and who have not previously required a password change, may receive an alert that the password is not valid. Passwords that have not been updated must be changed.
Next steps:
Background: The Labor Department completed an upgrade to the PERM system March 1. In addition to password login issues, the update modified the URL for the PERM system home page. The new URL is: https://www.plc.doleta.gov/eta_start.cfm?actiontype=home. Some users are also receiving incorrect alerts that they already have an active session. If users experience this message, they should select “Yes” to continue with their new session.
The Labor Department has posted processing times current as of Feb. 28 for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM processing: Applications filed in August and earlier are now being adjudicated, according to the department. Audit reviews are being conducted on applications filed in June and earlier, and appeals filed in December and earlier are being reviewed for reconsideration.
Average PERM processing times in February:
PWD processing: The National Prevailing Wage Center is currently processing requests filed in December and earlier for H-1B and PERM cases. Redeterminations are being considered on appeals filed in January and earlier for H-1B and PERM cases. Center director reviews are being conducted on appeals filed in December and earlier for PERM cases. The department reported that it had no center director reviews pending for H-1B cases as of Feb. 28.
Average times for issuance of prevailing wage determinations in February:
The Labor Department reports PERM and PWD processing timeframes on its iCERT page.
BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department processing times. BAL is seeing approvals for PERM applications filed in September and is awaiting PWDs for requests filed in December and earlier.