Twelve BAL attorneys are named in the 2025 Lawdragon 100 Leading Immigration Lawyers list. The list recognizes lawyers who make a significant impact, specifically regarding recent matters handled and cutting-edge litigation, as well as those who are consistently turned to for guidance in trending immigration issues.

“It’s always an honor to be recognized by a prestigious publication like Lawdragon,” said Frieda Garcia, Managing Partner at BAL. “It’s even more rewarding to see so many BAL attorneys on the list. Our team strives to do impactful work in immigration law every day, and this recognition helps celebrate that effort.”

The following BAL attorneys were honored by Lawdragon this year:

In addition, Partner Emeritus Jeff Appleman was named to the Lawdragon Hall of Fame, recognizing outstanding lawyers who have made a remarkable contribution to the profession.

The full list of 2025 Lawdragon 100 Leading Immigration Lawyers can be viewed here.

U.S. Citizenship and Immigration Services alerted employers of a recent E-Verify technical issue with Social Security Administration and Department of Homeland Security mismatch cases. The agency urges employers to take action to resolve the issue.

Key Points:

  • The technical issue involves tentative SSA mismatch cases that were referred between April 9 and May 5, 2025, and dual SSA and DHS mismatches if the employee attempted to resolve the issue with SSA but not DHS.
  • Due to the system error, some of these cases may have incorrectly received a final nonconfirmation.
  • Employers are required to create a new E-Verify case for any cases that received a final nonconfirmation after a mismatch for cases referred from April 9 to May 5, 2025.
  • No further action is needed if the employer has already created a new E-Verify case and received an Employment Authorized result for an affected employee.

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

Copyright © 2025 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 provided updates on the fiscal year (FY) 2026 H-1B cap process, noting a significant decrease in the total number of registrations submitted and eligible beneficiaries compared to FY 2025.

Key Points:

  • In March, USCIS received enough initial registrations to meet the FY 2026 H-1B cap, including the advanced degree exemption (master’s cap), selecting 118,660 unique beneficiaries and resulting in 120,141 selected registrations.
  • During the initial registration period there was a significant decrease in the total number of registrations submitted and eligible beneficiaries compared to FY 2025, including a decrease in the number of registrations submitted on behalf of beneficiaries with multiple registrations. Additional registration analysis found:
    • The number of unique employers for FY 2026 (approximately 57,600) was comparable to the number last year for FY 2025 (approximately 52,700).
    • The number of eligible unique beneficiaries for FY 2026 (approximately 339,000) was significantly lower than the number last year for FY 2025 (approximately 442,000).
    • The number of eligible registrations was also dramatically lower for FY 2026 (343,981) compared with FY 2025 (470,342) — a 26.9% reduction.
  • On average, each beneficiary only had approximately one registration submitted on their behalf, with an average of 1.01 registrations per beneficiary for FY 2026, compared to 1.06 for FY 2025.

Additional Information: The chart below shows registration and selection numbers for FYs 2021–26:

Cap Fiscal Year Total Registrations Eligible Registrations Eligible Registrations for Beneficiaries with No Other Eligible Registrations Eligible Registrations for Beneficiaries with Multiple Eligible Registrations Selected Registrations
2021 274,237 269,424 241,299 28,125 124,415
2022 308,613 301,447 211,304 90,143 131,924
2023 483,927 474,421 309,241 165,180 127,600
2024 780,884 758,994 350,103 408,891 188,400
2025 479,953 470,342 423,028 47,314 135,137
2026 358,737 343,981 336,153 7,828 120,141

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

Copyright © 2025 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 State Department recently noted a change to the Foreign Affairs Manual (FAM) clarifying that certain match officials can travel to the U.S. on a B-1 business visa or Electronic System for Travel Authorization (ESTA).

Key Points:

  • The FAM was “revised to add participants in international sporting events for visa processing” on April 14, 2025, in advance of FIFA World Cup 2026, the 2028 Olympic and Paralympic Games and other sporting events.
  • The policy manual now clarifies that certain referees, judges and technical officials may be issued a B-1 visa if they have been hired to serve in their officiate capacity at a sporting event with an international dimension.
  • Eligible match officials may also use ESTA to facilitate their travel to the U.S.

Additional Information: The new policy language falls under 9 FAM 402.2-5 (C)(10) (U) Participants in International Sporting Events (CT:VISA-2145; 04-14-2025) and reads:

Referees, Judges and Technical Officials: A referee, judge, or technical official may be issued a B-1 visa if the applicant has been hired subject to a selection process to referee, judge, oversee, or officiate a sporting event with an international dimension (such as FIFA World Cup or the Olympics). Technical officials are responsible for applying the rules or regulations of individual sports to make judgments on performance, ranking, time or rule infringement, and ensure that all athletes can compete fairly (for example, timekeepers, weigh-in officials, starters, lane inspectors, and stroke and turn officials). Such aliens may not receive a salary or payment for services from a U.S. source, other than remuneration for incidental expenses.

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

Copyright © 2025 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 Labor Department posted the latest processing times for permanent labor certification (PERM) applications a week after it posted April 30 updates. As of May 8, the department was adjudicating PERM applications filed in January 2024 and earlier and reviewing appeals for reconsideration filed in March 2025 and earlier.

These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request date for reviewing appeals reflects the month and year in which cases that are currently being reviewed were appealed. For various reasons, the Office of Foreign Labor Certification (OFLC) may be completing the processing of applications filed prior to the month posted.

Average Number of Days to Process PERM Applications

Determinations Month Calendar Days
Analyst Review April 2025 499
Audit Review N/A N/A

These dates reflect the amount of time to process applications. Actual processing times for each employer’s PERM application may vary from the average depending on material facts and individual circumstances of the case. OFLC is reporting the average processing time for all PERM applications for the most recent month.

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

Copyright © 2025 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 June Visa Bulletin. U.S. Citizenship and Immigration Services announced filings for employment-based visa preference categories must use the Final Action Dates chart. India dates remain the same and China shows slight advancement in EB-2 and EB-3 visa categories.

Final Action Dates:

EB-1 visa

  • China EB-1 visa Final Action Dates will remain the same (Nov. 8, 2022).
  • India EB-1 visa Final Action Dates will remain the same (Feb. 15, 2022).
  • For all other countries under the EB-1 visa category, including Mexico and the Philippines, Final Action Dates will remain current.

EB-2 visa

  • China EB-2 visa Final Action Dates will advance two months to Dec. 1, 2020.
  • India EB-2 visa Final Action Dates will remain the same (Jan. 1, 2013).
  • For all other countries under the EB-2 visa category, including Mexico and the Philippines, Final Action Dates will advance nearly four months to Oct. 15, 2023.

EB-3 visa

  • China EB-3 visa Final Action Dates will advance 21 days to Nov. 22, 2020.
  • India EB-3 visa Final Action Dates will remain the same (April 15, 2013).
  • For all other countries under the EB-3 visa category, including Mexico and the Philippines, Final Action Dates will advance slightly over one month to Feb. 8, 2023.

Final Action Dates Chart for Employment-Based Visa Applications

Preference Category All chargeability areas except those listed China India Mexico Philippines
EB-1 visa Current Nov. 8, 2022 Feb. 15, 2022 Current Current
EB-2 visa Oct. 15, 2023 Dec. 1, 2020 Jan. 1, 2013 Oct. 15, 2023 Oct. 15, 2023
EB-3 visa Feb. 8, 2023 Nov. 22, 2020 April 15, 2013 Feb. 8, 2023 Feb. 8, 2023

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

Copyright © 2025 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 it is terminating the designation of Afghanistan for Temporary Protected Status (TPS) effective July 14, 2025.

Key Points:

  • DHS said it was terminating the TPS designation of Afghanistan because the Secretary of Homeland Security determined that “overall, there are notable improvements in the security and economic situation such that requiring the return of Afghan nationals to Afghanistan does not pose a threat to their personal safety due to armed conflict or extraordinary and temporary conditions … permitting Afghan nationals to remain temporarily in the United States is contrary to the national interest of the United States.”
  • According to the Federal Register notice published May 13, 2025, the termination will take effect at 11:59 p.m. local time on July 14, 2025, 60 days after publication.
  • Afghan nationals who have obtained another immigration benefit apart from TPS, including parole, will retain that immigration benefit unless otherwise notified.
  • The notice states that Afghan TPS beneficiaries continue to be employment authorized during the 60-day transition period and automatically extends the validity of certain EADs previously issued under the TPS designation of Afghanistan through July 14, 2025. More information can be found in the notice and on the U.S. Citizenship and Immigration Services TPS website.

Additional Information: DHS previously announced in September 2023 that it had extended the redesignation of Afghanistan for TPS from Nov. 21, 2023, to May 20, 2025. DHS estimates that approximately 11,700 Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) hold TPS under Afghanistan’s designation.

The termination of the designation is subject to litigation. BAL will continue to monitor this litigation and related cases.

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

Copyright © 2025 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 State Department has launched the Immigrant Visa (IV) Scheduling Status Tool to give visa applicants an idea of when to expect their immigrant visa interview.

Key Points:

  • The tool’s results show when the National Visa Center (NVC) is scheduling interviews at a specific U.S. embassy or consulate.
  • Interviews can only be scheduled if a visa is available and are scheduled based on the date that the NVC determines the necessary fees have been paid and all required documents submitted.
  • Visa availability for employment-based preferences and family-sponsored preferences can be found in the monthly Visa Bulletin.
  • Visa cases that are not reflected in the IV Tool include: Diversity Visas, Afghan Special Immigrant Visas, I-601A provisional waivers and Adoptions.

Additional Information: Further guidance on how to use and interpret the IV Tool, interview preparation, expediting a visa application and other information can be found on the State Department’s IV Tool page.

The State Department has also updated its Global Visa Wait Times page with additional information on the average time nonimmigrant visa applicants waited for an interview in the previous month and included a filter tool to more easily access information by desired city/post, visa classification and other categories. Excerpts from the latest global visa wait times as of April 25, 2025, of some of the city/posts with the most visa issuances can be found here.

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

Copyright © 2025 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 the implementation of its REAL ID enforcement measures at Transportation Security Administration checkpoints nationwide. Travelers with a noncompliant ID will now face additional screening measures.

Key Points:

  • DHS reports that 81% of travelers are already REAL ID compliant and “ensure[s] there is no impact to wait times or TSA screening applications, especially for those passengers who are prepared with their REAL ID, passport or other acceptable form of ID.”
  • The DHS REAL ID page has state-specific details to confirm if certain identification is compliant.
  • Valid U.S. passport books and cards are one of several accepted alternatives to REAL ID and can be used for domestic air travel. A list of identification acceptable at a TSA checkpoint (subject to change without notice) can be found here.
  • Passengers who present a state-issued identification that is not REAL ID compliant at TSA checkpoints and who do not have another acceptable alternative form of ID will be notified of their noncompliance and may be directed to a separate area to receive additional screening.

Additional Information: DHS noted that “TSA expects the number of passengers obtaining REAL IDs to steadily increase and will continue with additional screening measures for those without a REAL ID until it is no longer considered a security vulnerability.”

Find more summer travel reminders here.

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

Copyright © 2025 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 Labor Department posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing Times: As of April 30, the department was adjudicating PERM applications filed in December 2023 and earlier and reviewing appeals for reconsideration filed in March 2025 and earlier.

Average Number of Days to Process PERM Applications

Determinations Month Calendar Days
Analyst Review March 2025 499
Audit Review N/A N/A

PWD Processing Times: As of April 30, the National Prevailing Wage Center is completing the processing of PWD requests filed in:

  • December 2024 and earlier for H-1B visa Occupational Employment and Wage Statistics (OEWS) and non-OEWS cases
  • December 2024 and earlier for PERM OEWS cases
  • November 2024 and earlier for PERM non-OEWS cases

Redeterminations were being considered on appeals filed in March 2025 and earlier for H-1B visa cases and January 2025 and earlier for PERM cases.

Center Director Reviews were being conducted for both H-1B visa cases and PERM cases filed in October 2024 and earlier.

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

Copyright © 2025 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.