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The Supreme Court hears arguments in a case about U.S. citizens’ rights in visa denials.
U.S. Citizenship and Immigration Services reaches an H-2B cap for returning workers.
And why a small change to the USCIS policy manual could have important consequences for green card applicants.
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.
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 the upcoming opening of international field offices in Doha, Qatar, and Ankara, Turkey.
Key Points:
Additional Information: Both new offices will bolster existing processing hubs and serve as critical locations. USCIS stated that Doha staff will also have appointment availability for the public at the U.S. Embassy in Qatar. USCIS staff will assume responsibility for processing Form I-730, Refugee/Asylee Relative Petition, from State Department consular staff. They will also assist with certain fraud detection-related activities and provide other limited services.
BAL Analysis: Services at both locations will be available only by appointment. USCIS will now have 11 international field offices and advised that they will update their international immigration offices webpage soon with more information about the new field offices, services and appointments.
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 Thursday that it had received enough petitions to reach the H-2B cap for returning workers with start dates from April 1 to May 14, 2024.
BAL Analysis: The H-2B program continues to grow in popularity. BAL is available to help employers develop an H-2B strategy to ensure that key roles are filled. More information is available on BAL’s H-2 temporary workforce solutions page here.
The U.S. State Department suspends visa services in Haiti.
The U.S. Embassy in Mexico moves to reduce visa wait times.
And BAL Senior Associate Steven Quezada discusses his series on immigration journeys to the U.S.
The U.S. State Department announced the suspension of routine visa services at the U.S. Embassy in Port-au-Prince on April 15.
Additional Information: Haitian nationals in the U.S. are reminded that the extended Temporary Protected Status re-registration period for existing beneficiaries runs through Aug. 3, 2024. The extension allows for the submission of Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, any time before Aug. 3.
BAL Analysis: The visa suspensions were implemented because of escalating gang violence in Port-au-Prince after a series of coordinated attacks initiated on Feb. 29 resulted in civil unrest and a government breakdown. The airport remains closed. BAL will continue to monitor the situation and provide updates as information becomes available.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination requests.
PERM Processing: As of March 31, the department was adjudicating applications filed in March 2023 and earlier, conducting audit reviews on applications filed in December 2022 and earlier, and reviewing appeals for reconsideration filed in May 2023 and earlier.
Average Number of Days to Process PERM Applications
PWD Processing: As of March 31, the National Prevailing Wage Center was processing PWD requests filed in November 2023 and earlier for H-1B OEWS cases and October 2023 and earlier for PERM OEWS cases. For H-1B non-OEWS cases, the department is processing requests filed in June 2023 and earlier. For PERM non-OEWS cases, the department is processing requests filed in March 2023 and earlier. Redeterminations were being considered on appeals filed in November 2023 and earlier for both H-1B cases and PERM cases. Finally, Center Director Reviews were being conducted for both H-1B and PERM cases filed in August 2023 and earlier.
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 March 2023 and earlier, and PWDs for requests filed in November 2023 and earlier for H-1B OEWS and PERM OEWS cases.
The U.S. Embassy in Mexico City launched a program on March 20 allowing first-time B1/B2 visitor visa applicants to move appointments to an earlier date without additional fees.
Additional Information: The U.S. Embassy and its nine consulates throughout Mexico issued 2.3 million visas in 2023, the highest number to date. Consulate officials noted that the new program is expected to substantially reduce wait times for hundreds of thousands of applicants and facilitate travel for more Mexican nationals to the U.S., “This promising initiative demonstrates the U.S. Embassy’s commitment to reducing wait times for visa interview appointments and facilitating legitimate travel to the United States, including for work, study, and leisure.”
The Department of Homeland Security announced the extension and redesignation of Ethiopia for Temporary Protected Status for 18 months, from June 13, 2024, to Dec. 12, 2025.
Additional Information: Existing TPS beneficiaries who wish to extend their status through Dec. 12, 2025, must re-register during the 60-day re-registration period. In addition to demonstrating continuous residence in the United States since April 11, 2024, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since June 13, 2024, the redesignation effective date.
BAL Analysis: Ethiopia was initially designated for TPS on Dec. 12, 2022, on the basis of extraordinary and temporary conditions that prevented nationals from returning safely. The extension and redesignation will allow additional eligible Ethiopian nationals to apply or reapply for TPS and TPS-related work authorization.
U.S. Citizenship and Immigration Services today posted a Federal Register notice establishing procedures for Palestinians covered by Deferred Enforced Departure to apply for Employment Authorization Documents valid through Aug. 13, 2025.
Additional Information: The Federal Register notice describes eligible Palestinians and acceptable documentation, such as a Palestinian Authority passport or identification card, and provides instructions on how to apply for the DED-based EAD. In addition, DHS published a Special Student Relief notice for Palestinian F-1 nonimmigrant students so that eligible students may 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 DED period.
Federal authorities increase the automatic extension period for certain employment authorization documents.
U.S. Citizenship and Immigration Services releases data showing its progress in reducing processing times.
And a ruling out of Georgia draws the attention of the immigration law community.