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Donald Trump has upended U.S. politics and defeated former Secretary of State Hillary Clinton in the presidential election.
From day one of his campaign, President-elect Trump made immigration enforcement a centerpiece of his campaign, and he carried that theme throughout the election. He committed to build a wall on the border with Mexico, declared that he would suspend immigration from certain regions, and proposed to “end the use of the H-1B as a cheap labor program.” But he also stated that he will welcome immigrants and that his companies have leveraged high-skilled and low-skilled visa categories to meet their staffing needs.
Please visit this site for an outline of Trump’s immigration plan and for information about an upcoming BAL Webinar on the election and its implications for high-skilled immigration.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com. 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.
Priority cutoff dates for India EB-2, China EB-2 and EB-3, and the Philippines EB-3 will advance modestly, according to the State Department’s December Visa Bulletin.
Key movements in priority cutoff dates:
Additional notes: All EB-1 categories will remain current. All EB-2 categories other than India and China will also remain current.
Application Final Action Dates for Employment-Based Preference Cases:
The State Department also released its Dates for Filing chart for December 2016. Applicants seeking to file for adjustment of status are reminded that the chart does not take effect unless USCIS confirms it via a web posting in the next week or so. BAL will update clients once the State Department confirms whether the chart can be used in December.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
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.
Prevailing wage determinations for PERM labor certification cases are experiencing significant delays. In particular, requests based on private wage surveys are backlogged several weeks beyond the Labor Department’s stated processing times.
Key points:
Background: Employers are required to obtain a prevailing wage determination from the Labor Department before filing a PERM labor certification application to sponsor a foreign national employee. The employer must offer at least the prevailing wage. Employers may use private wage surveys rather than the Labor Department’s wage data to support a prevailing wage request, but private surveys must meet stringent regulatory requirements.
B·A·L Analysis: Employers with pending PERM cases should anticipate delays in obtaining a prevailing wage determination. Employers with new PERM cases should work with their B·A·L legal team to determine the best strategies in conducting recruitment and requesting prevailing-wage determinations going forward.
The U.S. Customs and Border Protection’s Electronic Visa Update System (EVUS) for Chinese travelers is now accepting enrollments. EVUS enrollment is mandatory for Chinese nationals holding 10-year visitor visas who are traveling to the U.S. on or after Nov. 29.
BAL Analysis: Chinese nationals traveling to the U.S. on or after Nov. 29 must complete the EVUS enrollment requirement before traveling. The system is now accepting enrollments, and those with plans to travel to the U.S. on or after Nov. 29 should consider enrolling ahead of time in order to avoid possible travel delays. Additional information about the program is available on this website.
International travelers entering the U.S. by land may now apply and pay online for their I-94 arrival record up to seven days before entry.
Background: The I-94 arrival record indicates that an international traveler has been lawfully admitted to the U.S. and is needed to verify alien registration, immigration status and employment authorization. Since 2013, the online I-94 process has been available to air and sea travelers. The recent announcement extends it to travelers entering by a land border.
BAL Analysis: The online I-94 application will make it more convenient and faster for nonimmigrant visa holders to provide their biographical information for purposes of obtaining an arrival record upon entry.
IMPACT – MEDIUM
What is the change? Saudi Arabia has changed visa validity and duration of stay requirements for both commercial visit (business) and work visit (temporary work) visas.
What does the change mean? Commercial visit visas will be valid for 180 days, with a 30-day duration of stay, or 365 or 730 days, with a 90-day duration of stay. Work visit visas will be valid for 180, 365 or 730 days, with a permitted duration of stay of 30 days. U.S. nationals remain eligible to obtain commercial and work visit visas that are valid for five years with a 180-day duration of stay.
Background: The changes to the visa validity periods and duration of stay requirements went into effect Oct. 2, when Saudi Arabia also increased visa fees across a number of categories. U.S. nationals will continue to be eligible for five-year commercial and work visit visas, with a duration of stay of 180 days. While foreign nationals of a handful of countries are banned from entering Saudi Arabia, most foreign nationals will be eligible for the following visas:
Commercial visit (business)
Work visit (temporary work)
Visa applicants must obtain a letter of invitation from the Saudi government in order to obtain a visa. Visas will be issued in accordance with the validity and terms stated in the letter, and terms may vary at the discretion of Saudi officials.
BAL Analysis: Employers and applicants should take the new validity periods and duration of stay requirements into account, but should also keep in mind that terms and conditions might vary from applicant to applicant.
This alert has been provided by the BAL Global Practice group and our network provider located in Saudi Arabia. For additional information, please contact your BAL attorney.
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
IMPACT – HIGH
A regulation that contains provisions allowing greater flexibility for high-skilled foreign workers is awaiting approval by the Office of Management and Budget before a final version is published.
The proposed rule provides significant reforms to job portability for employees who have an approved employment-based immigrant visa petition during the wait for a green card.
Key proposed provisions:
Background: The proposed regulation contains long-awaited reforms that allow greater job portability for high-skilled foreign workers and proposes significant policy changes that will affect foreign workers present in the U.S. on nonimmigrant visas or seeking to obtain employment-based green cards.
The regulation implements the American Competitiveness in the 21st Century Act and codifies much of the previous informal guidance by the Department of Homeland Security. The agency proposed the regulation in December and received nearly 28,000 comments on the proposal during the public comment period that ended Feb. 29.
BAL Analysis: The proposed regulation is not effective yet, but is in the final stages of approval. The agency was required to consider the comments submitted by members of the public in finalizing the rule and may have made changes to the proposal. If finalized as proposed, the regulation would be a significant development and would have far-reaching implications for foreign workers in the U.S. on nonimmigrant visas.
Secretary of Homeland Security Jeh Johnson has extended temporary protected status (TPS) for eligible nationals of Nepal for an additional 18 months.
Key dates and deadlines:
Background: Johnson originally designated Nepal for TPS due to a 7.8 magnitude earthquake that occurred April 25, 2015 and has determined that the country continues to suffer in the aftermath as most of the damage to homes, schools and hospitals has not been repaired.
BAL Analysis: Individuals eligible to re-register are encouraged to do so as early as possible during the 60-day period. Employers should be aware of the automatic extension of EADs for existing holders of Nepal TPS for Form I-9 purposes.
A California law that takes effect next year prohibits employers from asking for additional documents beyond federal law requirements in the Form I-9 document verification process.
Background: The law, SB 1001, is intended to address immigration-related discrimination in the I-9 employment eligibility verification process. California law already prohibits employers from requesting additional I-9 documents in retaliation for an employee’s exercise of protected rights. The new law addresses similar acts of discrimination in the hiring process.
Under the new law, an aggrieved job applicant or employee may file a complaint with the Labor Commissioner, who may impose fines up to $10,000 per violation and equitable relief.
BAL Analysis: California employers should be aware of the new law and review their I-9 procedures. Among the concerns that the law addresses, employers are prohibited from refusing an employment authorization document (EAD) based on the holder’s status (such as Deferred Action for Childhood Arrivals or other status) or one that has a specified duration (such as an expiration date). BAL can assist employers in conducting a review and compliance audit of their I-9 policies.
The Department of Homeland Security published a final rule today containing significant increases to filing fees for immigration-related benefits.
Below are some of the relevant fee changes for employment-related petitions and benefits:
Background: DHS has indicated that the increases are necessary to cover the costs of processing immigration benefits. The agency proposed the rule May 4. The final rule represents the first fee increases since 2010.
BAL Analysis: Employers and affected foreign nationals should budget for the new fees or plan to file in advance of the changes if possible.