In this week’s episode, BAL’s Tiffany Derentz met with Pur Biel, a member of the International Olympic Committee, to talk about his inspiring journey from Sudanese refugee to Olympian. Plus, we discuss updates for DACA college graduates and other top immigration news.

Explore more episodes of the BAL Immigration Report podcast, available on Apple, Spotify and the BAL news site.

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 the musicians who kicked off their public service as U.S. Global Music Ambassadors this month, traveling separately to New Zealand, Canada and South Korea.

Key Points:

  • Individual music artists Teddy Swims, Jelly Roll and BRELAND are part of the inaugural roster of American music artists, songwriters and producers appointed U.S. Global Music Ambassadors as part of the State Department-YouTube Global Music Diplomacy Partnership first announced in June.
  • The intent of the initiative is to engage audiences, ranging from youth to marginalized populations to world leaders, to elevate music as a diplomatic platform to expand access to education, economic opportunity, equity and inclusion.
  • The July itinerary for the three artists included:
    • Teddy Swims traveled to New Zealand July 4-7 as part of his sold-out “I’ve Tried Everything But Therapy” tour. He engaged audiences in local communities across the country and participated in “Red Nose Day,” which helped raise awareness and support better health outcomes for children through medical research.
    • Jelly Roll visited the Royal Ottawa Mental Health Centre July 8-9 while touring in Canada. He engaged with staff and patients, including Canadian youth, living with mental illness and substance use disorders through song and conversation.
    • BRELAND visited South Korea July 7-13. He participated in a songwriting camp with a South Korea-based record label and South Korean songwriters.

Additional Information: The U.S. Global Music Ambassadors will build on the historic legacy of the Jazz Ambassadors of the 1950s and 1960s, which included iconic American musicians and artists such as Louis Armstrong, Duke Ellington, Dizzy Gillespie, Dave Brubeck and Sarah Vaughan. Other ambassadors on the current roster include: Chuck D, Grace Bowers, Kane Brown, Denyce Graves, Herbie Hancock, Justin Tranter, Armani White and Lainey Wilson. For more information on the program, visit the Global Music Diplomacy Initiative.

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 Department of Homeland Security announced plans to amend the STEM Designated Degree Program List to add environmental/natural resource economics as a new field of study.

Key Points:

  • The STEM (science, technology, engineering and mathematics) Designated Degree Program List determines which F-1 students are eligible for the 24-month STEM extension of Optional Practical Training (OPT).
  • The new field of study, environmental/natural resource economics (CIP code 03.0204), focuses on the application of economic concepts and methods to the analysis of environmental issues.
  • This update will take effect upon publication in the Federal Register, which is currently scheduled for July 23, 2024.

Additional Information: Environmental/natural resource economics includes instruction in cost benefit analysis, environmental impact assessment, evaluation and assessment of alternative resource management strategies, policy evaluation and monitoring, and descriptive and analytic tools for studying how environmental developments affect the economic system. This field of study, as described in the National Center for Education Statistics definition, is comprised of STEM disciplines such as research, innovation or development of new technologies using natural sciences and mathematics.

BAL Analysis: Employers should encourage their eligible employees who are working pursuant to OPT to contact their Designated School Official to assess eligibility and plan their next steps.

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 (USCIS) announced further details about the Biden administration policy offering parole in place for certain noncitizen spouses of U.S. citizens.

Key Points:

  • The Department of Homeland Security continues establishing a process to evaluate case-by-case requests for parole in place for certain noncitizen spouses of U.S. citizens.
  • USCIS will begin accepting applications for this program on Aug. 19. Applications submitted before that date will be rejected.
  • Eligibility requirements include that an applicant must:
    • Be present in the U.S. without admission or parole.
    • Have been continuously present in the U.S. for at least 10 years as of June 17, 2024.
    • Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
    • Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety.
    • Otherwise merit a favorable exercise of discretion.
  • USCIS may also consider parole in place for certain noncitizen children of requestors if they were physically present in the U.S. without admission or parole as of June 17, 2024, and have a qualifying stepchild relationship to a U.S. citizen.

Additional Information: Prospective applicants can begin preparing to file a parole application by gathering evidence of eligibility listed under “What You Can Do Now” on this webpage. More information about eligibility criteria and the application process will be published in a forthcoming Federal Register notice. BAL will continue to provide updates on this program as they become available.

 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 Department of Homeland Security will extend and redesignate Somalia for Temporary Protected Status for 18 months, from Sept. 18, 2024, through March 17, 2026.

Key Points:

  • The extension will allow currently eligible Somalian TPS beneficiaries to retain TPS through March 17, 2026, provided they continue to meet eligibility requirements and re-register during the 60-day re-registration period.
  • The redesignation of TPS for Somalia will allow Somalian nationals who have continuously resided in the United States since July 12, 2024, and who have been continuously physically present in the U.S. since Sept. 18, 2024, to re-register or file initial applications. Somalian nationals who entered the United States after July 12, 2024, are not eligible for TPS.
  • Eligible F-1 nonimmigrant students of Somalian citizenship can request employment authorization, work an increased number of hours while school is in session and reduce their course load while continuing to maintain F-1 status through the TPS designation period.
  • More information about registering for TPS as a new or current beneficiary under Somalia’s extension and redesignation — including eligibility criteria, timelines, procedures and instructions for employment authorization document filings — can be found in the Federal Register notice.

Additional Information: DHS determined an 18-month extension and redesignation of Somalia for TPS was warranted because of ongoing armed conflict, widespread insecurity and violence, intense flooding, food insecurity, disease outbreaks and significant barriers to humanitarian aid. U.S. Citizenship and Immigration Services will continue to process pending applications filed under previous TPS designations for Somalia. Individuals with a pending Form I-821, Application for Temporary Protected Status, or Form I-765, Application for Employment Authorization, as of July 19, 2024, do not need to refile.

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 clarifications to current consular guidance on recommending that the Department of Homeland Security (DHS) grant ineligibility waivers to certain Deferred Action for Childhood Arrivals (DACA) recipients and other college graduates.

Key Points:

  • The guidance clarifications explain when consular officers should recommend that DHS waive applicant ineligibility on an expedited basis for certain DACA recipients in conjunction with visa applications overseas.
  • The updates reflect the Biden-Harris administration’s initiative to more efficiently process employment-based nonimmigrant visas for college graduates, including DACA recipients, with a job offer.
  • Waiver requests are adjudicated by DHS, U.S. Customs and Border Protection’s Admissibility Review Office, based on a recommendation from the State Department.
  • All visa processing steps remain the same.
  • The updated guidance on ineligibility waivers can be found here.

Additional Information: The updated guidance clarifies that a consular officer should consider as a “positive effect on U.S. public interests” — one of several factors considered in waiver decisions — cases where the applicant has graduated with a degree from an institution of higher education in the U.S., or has earned credentials to engage in skilled labor in the U.S. and is seeking to travel to the U.S. to commence or continue employment with a U.S. employer in a field related to the education that the applicant attained in the U.S. The updated guidance also explains there is a “clear and significant U.S. public interest” in asking DHS to expedite a waiver request if these criteria are met.

BAL Analysis: This guidance will potentially result in certain individuals receiving work visas more quickly if DHS approves a waiver of ineligibility. It is unclear if DHS will expedite these waivers. Individuals and employers seeking to obtain work visas under this new initiative should assess potential inadmissibility and all waiver criteria before traveling abroad and applying for a visa.

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, we examine a recent H-2A report, discuss the new Farmworker’s Protection Rule and outline the Biden administration’s Spring regulatory agenda updates. We also kick off our Olympics-focused series with a look at what it takes from an immigration perspective to get Team USA to the games.
Explore more episodes of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and the BAL news site.

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.

U.S. Citizenship and Immigration Services provided updated guidance and a detailed FAQ on the International Entrepreneur Rule (IER).

Key Points:

  • IER grants foreign national entrepreneurs who have a startup business and meet certain qualifications a period of stay, or parole, of up to 2½ years. The parole may be renewed for another 2½ years (for a maximum of 5 years) if additional benchmarks are met.
  • IER applicants may be either living abroad or already in the United States.
  • Up to three entrepreneurs per startup are eligible for IER.
  • An approved entrepreneur’s spouse and children may be eligible for parole; spouses may also be eligible for employment authorization.
  • USCIS stated that the agency is “actively working new applications with no backlog.”

Additional Information: The Obama administration issued IER in early 2017. The Trump administration then tried to rescind the measure after Trump took office, but a federal court ruled in favor of business groups that sought to keep the program. More information about IER is available here.

BAL Analysis: The updated guidance provided by USCIS clarifies the qualifications required for IER and is intended to encourage eligible individuals to apply for the program.

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 Indian government has opened an Indian Visa Application Center (IVAC) in Seattle.

Key Points:

  • The new IVAC in Seattle offers consular services including visa, passport, Overseas Citizen of India card and other travel- and immigration-related appointments and services.
  • An IVAC facility accepting drop-off consular applications is also now open in Bellevue, Washington.
  • More information about IVAC services available at these locations can be found here.

Additional Information: The Indian government previously opened a consulate in Seattle in November 2023. The new consular offices serve the growing Indian diaspora communities living in Alaska, Idaho, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington and Wyoming.

This alert has been provided by the BAL Global 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.

According to the recent publication of the Spring 2024 regulatory agenda, the Biden administration has the H-1B modernization rule, adjustment of status proposal and seasonal/temporary worker regulations targeted for publication by the end of 2024. The next step toward Schedule A reform will occur this August.

  • H-1B modernization: The Department of Homeland Security proposed to amend regulations governing H-1B specialty occupations and certain F-1 students. DHS accepted comments on its wide-ranging proposed rule until Dec. 22, 2023 and finalized and implemented H-1B registration selection provisions in April 2024. The agency says it “continues to consider the suggestions made in public comments received as they relate to the other proposed provisions discussed in the Oct. 23, 2023 NPRM, and intends to finalize the remaining provisions in one or more actions.”
  • Lawful permanent residence (adjustment of status proposal): To reduce processing times, improve agency partnerships and promote efficiencies in visa availability, DHS plans to amend regulations governing adjustment of status to lawful permanent residence in the U.S. including permitting concurrent filing of a visa petition and the application for AOS for the employment-based fourth preference category. The target date for publishing the proposal is now August 2024. After publication, there will be a public comment period.
  • Schedule A: The Department of Labor is considering updating Schedule A and opened a Request for Information period on Dec. 21, 2023 that was extended through May 13, 2024. During this period, the public provided input on whether Schedule A served as an effective tool for addressing current labor shortages, and how DOL can create a timely, coherent, and transparent methodology for identifying science, technology, engineering and mathematics and other occupations that are experiencing labor shortages while ensuring the employment of foreign nationals does not displace U.S. workers or adversely affect their wages and working conditions. According to the regulatory agenda, DOL aims to complete analysis of the comments in August 2024.
  • H-2 modernization: DHS published a proposal for modernizing H-2 programs on Sept. 20, 2023 intended to reduce inefficiencies, enhance pay protections and address “aspects of the program that may unintentionally result in exploitation or other abuse of persons seeking to come to this country as H-2A and H-2B workers.” Comments were accepted through November 2023 and final action is targeted for November 2024.
  • Nonimmigrant workers: DHS plans to propose amendments to regulations governing certain nonimmigrant workers including updating the employment authorization rules regarding dependent spouses of certain nonimmigrants; increasing flexibilities for certain nonimmigrant workers and modernizing policies and procedures for employment authorization documents. The targeted publication date is now January 2025.
  • Immigrant worker reforms: DHS also plans to propose to amend regulations governing employment-based immigrant petitions in the first, second and third preference classifications. According to the regulatory agenda, proposed rule amendments would include updating and modernizing provisions governing extraordinary ability and outstanding professors and researchers; clarifying evidentiary requirements for first preference classifications, second preference national interest waiver classifications and physicians of national and international renown; ensuring the integrity of the I-140 program and correcting errors and omissions. Publication of the proposed rule is now targeted for June 2025.

BAL Analysis: While these regulations would have a significant impact on immigration programs, they are at different stages in the rulemaking process, and policies are still being formulated. Proposed regulations are subject to a public notice-and-comment period, during which members of the public may submit feedback. BAL continues to monitor progress on the regulatory agenda and will provide clients with updates on individual regulations as they move through the rulemaking process.

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.