The State Department announced that it has implemented the new C-4 and D-3 visa classifications for noncitizens traveling to join vessels engaged in foreign trade and lightering activities.

Key Points:

  • Lightering activities involve the ship-to-ship transfer of cargo.
  • The new C-4 visa allows noncitizens to transit the U.S. to join a lightering vessel.
  • The new D-3 visa allows noncitizen crewmembers to temporarily perform lightering activities.
  • A combined C-4/D-3 visa may be issued to eligible applicants.
  • C-4, D-3 and C-4/D-3 visa holders will be allowed to stay in the U.S. for up to 180 days.

Additional Information: The new visa classifications, proposed under the Energy Security and Lightering Independence Act of 2022, amend the C and D visa categories of the Immigration and Nationality Act. “This will end the need for individual grants of parole for members of these important crews to ensure they are able to properly transport vital energy supplies into and out of the U.S. without overburdening the administrative process,” said U.S. Sen. Alex Padilla (D-Calif.), who co-authored the 2022 bipartisan bill with U.S. Sen. John Cornyn (R-Texas).

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 announced it will open an international field office in Quito, Ecuador, on Sept. 10.

Key Points:

  • The Quito Field Office will be located in the U.S. Embassy in Ecuador.
  • The new field office will focus on increasing processing capacity for refugees from the Americas and reuniting individuals with family members already in the United States.
  • Services will be available by appointment only.

Additional Information: “Opening the Quito Field Office expands USCIS’ international presence and expertise in a critical location and is part of our commitment to the Biden-Harris administration’s efforts to facilitate safe and orderly lawful pathways and meet our humanitarian mission,” said USCIS Director Ur M. Jaddou. More information about the new field office 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 State Department announced that the annual limit of EB-4 visas has been reached for fiscal year 2024.

Key Points:

  • All visas available in the Employment-Based Fourth Preference (EB-4) category for FY 2024 have been issued.
  • The Immigration and Nationality Act limits the number of EB-4 visas issued annually to 7.1% of the worldwide employment limit.
  • Embassies and consulates may no longer issue EB-4 visas for the rest of FY 2024. The annual limit resets on Oct. 1, the start of FY 2025, and issuance of EB-4 visas may resume at that time.

Additional Information: EB-4 visas allow a wide variety of special immigrants, including religious workers, special immigrant juveniles, certain U.S. government employees, certain international organization retirees and certain international broadcasting employees, among others, to legally reside and work in the United States.

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 Gabriel Castro and Kristi Ngo discuss a recent end-of-summer event they attended with a group of global mobility professionals – and understanding what global mobility means. Plus, the latest immigration news.

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 Office of Foreign Labor Certification (OFLC) within the Department of Labor announced it would delay implementing revised H-2A job order and application forms associated with the Farmworker Protection Rule until further notice.

Key Points:

  • The U.S. District Court for the Southern District of Georgia issued a preliminary injunction in the case Kansas, et al. vs. U.S. Department of Labor on Aug. 26, preventing DOL from enforcing the Farmworker Protection Rule in certain states.
  • Affected states include Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas and Virginia.
  • The injunction also includes Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association.
  • DOL is reviewing the court order and assessing options to comply with it.
  • OFLC has delayed updating the FLAG system to implement revised H-2A job order and application forms associated with the Farmworker Protection Rule, originally scheduled to begin on Aug. 28, until further notice.

Additional Information: The Farmworker Protection Rule is a final rule published by DOL in June intended to strengthen protections for temporary nonimmigrant agricultural workers, enhance the department’s capabilities to monitor program compliance and take necessary enforcement actions against program violators.

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. Department of Labor’s Office of Foreign Labor Certification (OFLC) announced it will fully decommission the legacy Permanent Online System on Dec. 1.

Key Points:

  • OFLC implemented the Foreign Labor Application Gateway, or FLAG System, in 2023 to replace the Permanent Online System as part of a technology modernization initiative.
  • On Dec. 1, the legacy Permanent Online System will become inaccessible and users will be redirected to the FLAG System portal.
  • Permanent Online System account holders who need to request specific case action or upload documents for an application submitted via the legacy system should complete any action in the system by Nov. 30 at 7 p.m. ET.

Additional Information: OFLC will continue processing applications that are still pending in the Permanent Online System after Nov. 30. Stakeholders who need to submit materials or request case action on such applications must do so via email sent to PLC.Help@dol.gov. Documents should be submitted as PDFs and named with the case number and title of attachment. Stakeholders should continue to check their email for correspondence related to these pending applications.

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 Chad Li and Kyle McLaughlin discuss common questions about the PERM process and identify four main considerations employers should be aware of when navigating its complexities. Plus, the latest U.S. and global immigration news.

This podcast 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 State Department announced that the annual limit of EB-1 visas has been reached for fiscal year 2024.

Key Points:

  • All visas available in the Employment-Based First Preference (EB-1) category for FY 2024 have been issued.
  • The Immigration and Nationality Act limits the number of EB-1 visas issued annually to 28.6% of the worldwide employment limit.
  • Embassies and consulates may no longer issue EB-1 visas for the rest of FY 2024. The annual limit resets on Oct. 1, the start of FY 2025, and issuance of EB-1 visas may resume at that time.

Additional Information: EB-1 visas allow individuals with extraordinary ability that have received national or international recognition, outstanding professors and researchers, and multinational executives and managers to legally reside in the United States and contribute across many industries, greatly benefitting the U.S. economy.

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 updated its Policy Manual guidance on when nonimmigrant students may be eligible for Optional Practical Training (OPT) extensions in STEM fields.

Key Points:

  • The updated guidance clarified when nonimmigrant students may count credit for online/distance learning classes and their eligibility for post-completion OPT after finishing associate’s, bachelor’s, master’s or doctoral degree programs.
  • The update explained transfer options between Student and Exchange Visitor Program-certified schools and education levels.
  • The new guidance also corrected the period during which students may apply for STEM OPT extensions and explained options available to individuals during the 60-day grace period following completion of OPT.

Additional Information: Further details about this updated USCIS Policy Manual guidance are 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.

A federal judge in Texas temporarily blocked the Biden administration from approving parole requests under the Keeping Families Together program on Monday.

Key Points:

  • District Court Judge J. Campbell Barker granted a request from 16 states led by Republicans challenging the new program, which opened last week.
  • The judge’s order prevents the Department of Homeland Security from approving cases, though the agency can continue accepting program applications. The order lasts for 14 days but may be extended by the judge.
  • The Keeping Families Together program allows certain undocumented spouses and stepchildren of U.S. citizens to apply for parole in place, which provides deportation protection, the opportunity to apply for work permits and a path to permanent residency and citizenship.

Additional Information: DHS officials stated that they would comply with the decision and stop approving cases but continue to accept applications while defending the program in court. More information and updates can be found on the USCIS Keeping Families Together website.

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.