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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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
U.S. Citizenship and Immigration Services provided updated guidance and a detailed FAQ on the International Entrepreneur Rule (IER).
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.
The Indian government has opened an Indian Visa Application Center (IVAC) in Seattle.
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.
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.
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.