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The U.S. Embassy Lisbon announced that Portuguese nationals can apply for E-1 and E-2 visas under the fully implemented AMIGOS Act.
Key Points:
Additional Information: The AMIGOS Act was signed into law as part of the National Defense Authorization Act for Fiscal Year 2023. Rep. Jim Costa (D-Calif.), who co-sponsored the legislation, said in a press release, “Portuguese Americans have made significant contributions in the San Joaquin Valley and throughout the United States. The AMIGOS Act will help create more American jobs and increase investment across the country, while strengthening the bonds between United States and Portugal.”
This alert has been provided by the BAL U.S. Practice Group.
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The State Department expects significant delays in visa processing in France.
Advocates call for a legislative solution for DACA.
And with graduation season upon us, BAL Senior Associate Chad Li discusses student visa trends.
Get this news and more in the special extended episode of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and the BAL news site.
Earlier this week, USCIS posted a reminder to foreign nationals to consult the detailed guidance it has made available on its website. USCIS lists options available for nonimmigrant workers who have been laid off, clarifying that leaving the country within 60 days is not the only recourse.
Additional Information: Nonimmigrant status is typically based on an approved Form I-129, Petition for a Nonimmigrant Worker, or after admission, a subsequently approved Form I-539, Application to Extend/Change Nonimmigrant Status. A period of authorized stay typically includes the period when a timely filed nonfrivolous petition or application requesting an extension of stay or change of status is pending with USCIS.
BAL Analysis: For foreign nationals who are laid off in the U.S. and want to stay, the “alphabet soup” of visa options might appear daunting. But solutions, whether temporary or permanent, may be possible. It is important for them to seek counsel and learn about eligibility requirements to help tailor their search. Both employers and employees should be sure to consult the most recent guidance from USCIS.
Read more insights on options for nonimmigrant workers experiencing layoffs here.
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The State Department is on pace to issue a record number of nonimmigrant visas this year.
DACA recipients can apply for federal healthcare coverage this fall.
And BAL’s Tiffany Derentz and Brendan Kinne offer tips and reminders ahead of the busy summer travel season.
The State Department announced that 5.2 million nonimmigrant visas were issued worldwide in the first half of fiscal year 2024 — more than any previous year over the same period.
Additional Information: The U.S. embassy and consulates in India are among the highest volume offices. India also broke visa processing records in 2023 with its ongoing efforts to streamline processes and improve efficiencies. Most recently, the U.S. Consulate Mumbai conducted a “Super Saturday” visa drive on May 12, screening 1,700 first-time student visa applicants for approval. Although the season for student visas starts on May 20, conducting the Saturday push a week ahead helped meet the high demand. In previous years, the drive was conducted sporadically, but moving forward it will be held on a quarterly basis.
The State Department published a final rule on May 13 that will allow third parties to attend certain applicant/requester appointments at U.S. embassies, passport agencies and centers overseas to offer assistance.
Additional Information: This rule does not apply to visa-related services. In consideration of a public comment urging the State Department to consider expanding the rule to allow attorneys to accompany clients to immigrant and nonimmigrant visa interviews at U.S. embassies and consulates abroad, the Department acknowledged it will “defer to consular sections in deciding whether attorneys or other third parties may be present at a visa interview.”
Deferred Action for Childhood Arrivals recipients will be able to apply for healthcare coverage through certain federal programs pursuant to a final rule that takes effect Nov. 1.
Additional Information: As of Dec. 31, 2023, U.S. Citizenship and Immigration Services reported that there were more than 530,000 active DACA recipients in the United States. The final rule is in accord with the Biden-Harris Administration’s commitment to ensure affordable, quality healthcare for all. “More than one-third of DACA recipients currently do not have health insurance, so making them eligible to enroll in coverage will improve their health and well-being, and help the overall economy,” said HHS Secretary Xavier Becerra.
BAL Analysis: The business community continues to show strong support for DACA and the crucial role Dreamers play in the U.S. economy. Given the uncertain environment, DACA recipients who qualify for a renewal are urged to apply for one as soon as they can. BAL will continue to follow the litigation challenging DACA and will provide updates as information becomes available.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of May 1, the department was adjudicating applications filed in April 2023 and earlier, conducting audit reviews on applications filed in December 2022 and earlier and reviewing appeals for reconsideration filed in April 2023 and earlier.
Average Number of Days to Process PERM Applications
PWD Processing: As of May 1, the National Prevailing Wage Center was processing PWD requests filed in November 2023 and earlier for H-1B OEWS and PERM OEWS cases. For H-1B non-OEWS cases, the department was processing requests filed in April 2023 and earlier. For PERM non-OEWS cases, the department was processing requests filed in March 2023 and earlier. Redeterminations were being considered on appeals filed in January 2024 and earlier for H-1B cases and December 2023 for PERM cases. Finally, Center Director Reviews were being conducted for PERM cases filed in March 2024 and earlier. As of May 1, there were no Center Director Reviews pending for H-1B cases.
BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in April 2023 and earlier and PWDs for requests filed in December 2023 and earlier for H-1B OEWS and PERM OEWS cases.
Nonimmigrant visa issuance continues to rise.
Diversity Visa results are now available.
And how updates to the Department of Labor’s Schedule A occupation list could help the green card process for workers in critical industries.
Get this news and more in the new episode of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and the BAL news site.
A bipartisan group of U.S. senators has asked the Department of Homeland Security for a written update on policies regarding NIL activities for foreign student athletes.
Additional Information: The letter is a follow-up to one sent last year by Sens. Blumenthal and Murphy. At a hearing, Homeland Security Secretary Alejandro Mayorkas said the agency would move quickly to provide clarity for foreign student athletes, but no action has been taken to date. More than 30 NCAA Division I schools shared with BAL in a virtual roundtable last year that they needed further guidance. BAL will provide updates as information becomes available.