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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: Applications filed in July and earlier are now being adjudicated, according to the department. Audit reviews are being conducted on applications filed in April and earlier, and appeals filed in November and earlier are being reviewed for reconsideration.
Average PERM processing times in November:
PWD processing: The National Prevailing Wage Center is currently processing requests filed in September and earlier for H-1B cases and PERM cases. Redeterminations are being considered on appeals filed in November and earlier for H-1B and PERM cases. Center director reviews are being conducted on appeals filed in October for H-1B and PERM cases.
Average times for issuance of prevailing wage determinations in October:
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 PWDs for requests filed in September or earlier, but is receiving PERM certifications filed in early August in a sign that PERM processing is slightly ahead of official timelines.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2017 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.
IMPACT – MEDIUM
What is the change? Turkish diplomatic posts in the United States have resumed issuance of non-immigrant visas to U.S. nationals for business travel and tourism.
What does the change mean? While the Turkish Ministry of Foreign Affairs has confirmed that all diplomatic posts in the U.S. are issuing business and tourist visas, e-visa applications remain unavailable to U.S. nationals, and visas on arrival are only granted to those with residence status outside of the U.S.
Turkish consulates in the U.S. are currently accepting applications by appointment only and most are requiring that applicants appear in person to submit them. However, those who qualify due to “limited circumstances” (i.e. for medical reasons, family emergencies, participation in international conference, athletic activities, diplomatic needs and non-tourist trips for children under the age of 18) are still allowed to walk in without an appointment to submit applications.
Background: In early October, the U.S. and Turkey mutually suspended the issuance of non-immigrant visas following the arrest of a U.S. consulate worker in Turkey. Last month, both countries began processing non-immigrant visas again, but only on a limited basis.
BAL Analysis: While the situation between the U.S. and Turkey remains fluid, the resumption of non-immigrant visa issuances at all Turkish consular missions in the U.S. is welcome news and signals easing tensions between the two countries. Those planning to travel either from the U.S. to Turkey or from Turkey to the U.S. should work with BAL to discuss current requirements by the consulates well in advance of travel. Travelers should take into account likely delays due to the backlogs of appointment times.
This alert has been provided by the BAL U.S. and Global Practice groups and the Bener Law Office in Istanbul. For additional information, please contact your BAL attorney.
The Senate approved President Donald Trump’s pick to lead the Department of Homeland Security, Kirstjen Nielsen, in a 62-37 vote Tuesday.
Prior to her confirmation, Nielsen worked as deputy to White House Chief of Staff John Kelly. She previously served as Kelly’s chief of staff during his short tenure as Trump’s first secretary of homeland security from January to July. Nielsen will replace acting secretary Elaine Duke.
As DHS head, Nielsen will oversee many of the agencies responsible for administering the country’s immigration programs, including legal immigration under U.S. Citizenship and Immigration Services, border controls under U.S. Customs and Border Protection, and interior immigration enforcement under Immigration and Customs Enforcement.
Nielsen previously worked as a homeland security official in the George W. Bush administration and is an expert in cybersecurity.
The U.S. Embassy in Moscow announced Monday that some visa services will resume at three U.S. consulates in Russia, where visa issuance had been halted since August amidst a diplomatic dispute. The three consulates—in St. Petersburg, Yekaterinburg and Vladivostok—will resume nonimmigrant visa interviews beginning Dec. 11, but services will not return to the normal levels that existed before the suspension.
Key points:
Background: In August, Russia ordered the U.S. diplomatic mission to cut about two-thirds of its staff in response to U.S. sanctions imposed on Russia for its meddling in the U.S. presidential election and its annexation of Crimea. To comply with the order, the U.S. Embassy suspended visa issuance in Moscow for one week and stopped visa services indefinitely at the three consulates. On Sept. 1, limited nonimmigrant visa interviews in Moscow were resumed and visa services that do not require interviews were resumed at the three consular locations.
BAL Analysis: The resumption of services will allow applicants to appear for their interviews outside of Moscow rather than traveling to the Russian capital. The wait times for visa interviews in Moscow, which reached 85 days for some visa categories, may become shorter as a result. Those applying outside Moscow should anticipate delays as the consulates will be operating with significantly reduced staffs, and may wish to consult the U.S. Embassy’s website for further information.
A federal judge in Washington, D.C. has vacated a Department of Homeland Security rule that delayed implementation of an Obama-era regulation that allows foreign entrepreneurs to remain in the U.S. to start and grow their businesses.
The International Entrepreneur Rule was finalized in the last days of the Obama administration and was set to take effect July 17, 2017. Just before that date, the Trump administration issued a new rule delaying the effective date until March 18, 2018 and signaled its intention to scrap the Entrepreneur Rule altogether. The administration subsequently began the process of rescinding the regulation.
Several individuals and businesses led by the National Venture Capital Association sued, claiming that DHS did not go through proper rule-making procedures when it issued the rule delaying implementation.
The court found that the government did not show good cause for not following the requirements of providing a public notice and comment period under the Administrative Procedure Act.
“To date, Defendants’ justification for their delay remains vague. The Government’s briefing never explains the time lag, and, when pressed at oral argument, it struggled to explain what the agency did between learning of the Executive Order and issuing the Delay Rule,” wrote U.S. District Court Judge James Boasberg in a 25-page written order. “Even on its own terms, the agency’s proffered reasons for bypassing notice and comment easily fall short of good cause.”
Background: The International Entrepreneur Rule allows DHS to grant discretionary parole (temporary permission to stay in the U.S.) to foreign nationals who formed a new start-up in the last five years and demonstrate minimum capital requirements (at least $250,000 from established U.S. investors or at least $100,000 in grants from government entities) and potential for rapid growth and job creation.
BAL Analysis: The ruling vacates the Trump administration regulation that delayed implementation of the International Entrepreneur Rule. It is therefore expected that DHS should begin implementing the rule, but the agency has not yet issued guidance in response to the ruling or released any announcements regarding implementation. While this is a positive development for foreign entrepreneurs in the U.S., the granting of parole under the rule would remain within the discretion of DHS.
The U.S. Supreme Court ruled Monday that President Trump’s third attempt at a travel ban may take effect. In two separate cases, the Court stayed preliminary injunctions put in place by lower courts in Hawaii and Maryland.
BAL Analysis: Though the government has not yet released guidance in response to the court decision, it is expected to begin applying the travel ban immediately. BAL will continue to provide updates as information becomes available.
Lawmakers are down to their final days to reach a budget deal or face a government shutdown. Immigration is one of the key sticking points in negotiations, with Democrats indicating that they want a provision in the budget to help Dreamers, the undocumented youth who benefited from the Deferred Action for Childhood Arrivals program that President Trump rescinded in September.
While a last-minute deal is certainly possible, employers may wish to begin preparing in case government services are suspended. If no deal is reached on the budget or on a temporary spending measure to fund the government while negotiations continue, a number of government functions would be suspended starting Friday.
Below are some frequently asked questions about how immigration programs would be affected in the event of a shutdown.
Will employees and business travelers be able to obtain visas? The State Department would likely continue processing visas, at least while funds are available. Domestic and overseas consular offices would remain functioning, so long as fees collected from applications are sufficient to support operations. American citizens applying for or renewing passports, however, would be immediately impacted by closures of federal buildings during a shutdown. Depending on the length of any government shutdown, visa and passport processing could be significantly delayed. Applicants are encouraged to file as soon as possible in case of a lengthy shutdown and factor in the possibility of delays.
How would our company’s H-1B filings and other U.S. Citizenship and Immigration Services petitions be affected? USCIS would continue to process petitions, but employers should anticipate delays. Any petition requiring action by the Labor Department, however, would be immediately affected, as the department’s immigration-related functions would be considered nonessential and cease during a shutdown. Employers would not be able to file Labor Condition Applications, a prerequisite to H-1B, E-3 and H-1B1 filings, including extensions of status and changes of employers for those categories. USCIS would continue to accept and process other immigrant and nonimmigrant petitions, including adjustment of status (green card) applications. Cases that have been selected for administrative processing, however, are likely to face lengthy delays.
Our company has already filed PERM applications. Will they be processed during a shutdown? The Labor Department is responsible for processing permanent labor certification (PERM) applications and, as such, its Office of Foreign Labor Certification would stop accepting or processing all immigration-related applications, including PERM applications, Labor condition applications and applications for prevailing wage determinations, and temporary employment certifications. The suspension would include PERM applications already filed with the Labor Department.
Will Canadian employees applying for TN and L visas at the U.S. border be affected? U.S. Customs and Border Protection officers would continue to process applications at ports of entry, including TN and L applications by Canadian nationals. However, there have been inconsistencies in how these applications are adjudicated at ports of entry, and applicants should be prepared for delays and additional scrutiny.
Will employees be able to apply for Social Security cards, driver’s licenses and other ID cards? The Social Security Administration will not accept applications for Social Security numbers or replacement cards during a government shutdown. This could affect eligibility to apply for driver’s licenses, as most state motor vehicles departments require a Social Security number to apply for a driver’s license.
Will other immigration programs be affected? Several immigration programs are set to expire Dec. 8, including the E-Verify program, the Conrad 30 waiver for J-1 physicians, the Special Immigrant Religious Workers program, and the EB-5 regional center investor program. If Congress does not reauthorize them by Dec. 8, the programs will no longer be available.
BAL Analysis: Companies and employees who would be affected by a potential shutdown should submit applications and petitions before Friday if possible, and plan for delays. BAL is closely following the budget negotiations and will continue to provide updates on the possible government shutdown and its impact on immigration-related services.
Copyright © 2016 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.
On Sunday October 8, the White House released a list of immigration priorities that it says should be included in any legislation to codify the Deferred Action for Childhood Arrivals (DACA) program into law. The priority list makes no immediate changes to the immigration system and is instead intended to shape the upcoming legislative debate surrounding relief for DACA beneficiaries.
BAL has prepared an analysis of key White House priorities affecting business immigration and five takeaways for U.S. employers. Read the full analysis here.
This alert has been provided by the BAL U.S. Practice group.
For additional information, please contact BerryApplemanLeiden@bal.com.
The Labor Department has posted processing times as of July 31 for permanent labor certification (PERM) applications.
PERM Processing: As of July 31, applications filed in May and earlier were being adjudicated. Audit reviews were being conducted on applications filed in January and earlier, and appeals filed in July and earlier were being reviewed for reconsideration.
The average PERM processing times in July were as follows:
The Labor Department posted processing times for prevailing wage determination requests earlier this week.
PWD Processing: As of July 31, the National Prevailing Wage Center was processing requests filed in May and earlier for H-1B and PERM cases. Redeterminations and Center Director Reviews were also being conducted on appeals filed in June and earlier for both H-1B and PERM cases. The average times for issuance of prevailing wage determinations in July were as follows:
The Labor Department reports PERM and prevailing wage determination processing timeframes on its iCERT page.
BAL Analysis: BAL’s internal case tracking is consistent with the Labor Department processing times. BAL is seeing approvals for PERM applications filed in May and earlier. BAL is also receiving prevailing wage determinations for requests filed in May and earlier.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
What is the change? India’s official visa outsourcing partner in the United States, Cox and Kings Global Services (CKGS), is moving to bar third-party visa pick-up from their offices. Instead, CKGS will return completed documents to the address provided on the visa application form and will require that this address match the applicant’s “proof of jurisdiction” document.
What does the change mean? CKGS will not permit third parties to retrieve completed documents for applications submitted on or after July 31. Original documents, including passports with issued visas, will be shipped directly to the address provided on the visa application form. Applications for which the address does not match the address on the “proof of jurisdiction” document (e.g., a driver license, utility bill or rental agreement) will not be accepted.
BAL Analysis: The new requirements could pose challenges when coordinating visa delivery to employees who are not at their residential address at the time when their visas are issued. It could also complicate matters for those who prefer to have their shipment delivered to their business address or a third party. No signature requirement is expected for these shipments, which could present security concerns. BAL will continue to follow developments on this matter and will work with clients to ease concerns and administrative burdens where possible.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.