The State Department has resumed full immigrant visa processing at the U.S. Embassy in Beirut for Lebanese family members of U.S. citizens.

Key Points:

• The resumption of immigrant visa processing at U.S. Embassy Beirut is intended to help facilitate family reunification of Lebanese nationals with their U.S. citizen family members.
• Routine nonimmigrant visa processing is not available at U.S. Embassy Beirut at this time. Nonimmigrant visa applications pending in Beirut cannot be transferred and applicants must reapply at another U.S. embassy or consulate.

Additional Information: Further details about immigrant visa processing at U.S. Embassy Beirut 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.

A bipartisan group of U.S. senators urged the Department of Homeland Security and Department of Labor to release the maximum allowable number of additional H-2B visas for fiscal year 2025.

Key Points:

• The effort is led by Sen. Angus King (I-Maine) and Sen. Mike Rounds (R-S.D.), with 38 more senators from both parties signing the letter submitted to DHS and DOL.
• The request is being made in an effort to support seasonal employers whose peak seasons are in late fall and winter but who have not obtained H-2B visas for temporary workers due to the cap already being met. The H-2B cap for the first half of FY 2025 was reached on Sept. 18, approximately three weeks earlier than in FY 2024.
• Sens. King and Rounds successfully pushed DHS and DOL for the early release of H-2B visas in 2022.
• DHS and DOL previously released the maximum allowable number of additional H-2B visas for FY 2024.

Additional Information: The H-2B visa program allows employers to hire temporary nonagricultural workers to meet seasonal employment needs. The congressionally mandated cap on H-2B visas currently stands at 66,000 per fiscal year, split into 33,000 for the first and second halves of each fiscal year.

BAL Analysis: Because DHS has released additional H-2B visas in the past, a release within the next month is anticipated. BAL is monitoring the situation and will post updates accordingly.

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.

President Biden released an extensive memorandum on the United States and artificial intelligence, providing further guidance on the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence issued on Oct. 30, 2023.

Key Points:

• The memorandum fulfills directives established in last year’s AI executive order. Highlights from that executive order related to the hiring of foreign national employees included taking appropriate steps to streamline visa processing and facilitate the availability of visa appointments for non-U.S. citizens seeking to come to the U.S. to work on, study or conduct research in AI or other critical and emerging technologies.
• The memorandum provides further direction on how the U.S. can advance its leadership in AI, harness AI to fulfill national security objectives and foster its safety, security and trustworthiness.
• The memorandum requires the following:
  • On an ongoing basis, the Department of State, the Department of Defense and the Department of Homeland Security shall each use all available legal authorities to assist in attracting and rapidly bringing to the United States individuals with relevant technical expertise who would improve U.S. competitiveness in AI and related fields, such as semiconductor design and production.
  • Within 180 days of the date of this memorandum, the Chair of the Council of Economic Advisers shall prepare an analysis of the AI talent market in the United States and overseas, to the extent that reliable data is available.
  • Designated executive departments and agencies shall convene within 90 days and explore actions for prioritizing and streamlining administrative processing operations for all visa applicants working with sensitive technologies.

Additional Information: Read the complete memorandum with itemized directives here. A classified annex to the memorandum was also created to address additional sensitive national security issues, including countering adversary use of AI.

BAL Analysis: No immediate change in visa processing or procedures is expected at this time. BAL will continue to monitor for updates related to how the government might prioritize and streamline visa and administrative processing for high-skilled applicants working in AI and other critical and emerging technologies.

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 Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing Times: As of Oct. 15, the department was adjudicating PERM applications filed in August 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.

The U.S. Embassy in Rwanda announced that it will reopen Oct. 21, 2024, for all in-person services, including visa services and interviews.

Key Points:

• On Sept. 27, 2024, the government of Rwanda confirmed cases of Marburg Virus Disease (MVD) in health facilities in Rwanda.
• The U.S. Embassy in Kigali (Rwanda’s capital) authorized its employees to work remotely from Oct. 7-11, 2024. All in-person services at the U.S. Embassy during this period were suspended, including visa interviews.
• U.S. visa applicants can create accounts, pay visa application fees and schedule visa appointments online here.

Additional Information: MVD is like Ebola virus, causing severe hemorrhagic fever. According to Johns Hopkins Bloomberg School of Public Health, Rwanda confirmed 62 MVD cases and 15 deaths as of Oct. 15. Eighty percent of the cases were among healthcare workers. The outbreak has so far been contained to Rwanda. While there is no approved vaccine for MVD, an experimental vaccine has been sent to Rwanda.

BAL will continue to monitor the situation and report on relevant updates.

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 that certain Lebanese nationals currently residing in the United States will be eligible for Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) protections.

Key Points:

• DHS is designating Lebanon for TPS for 18 months due to ongoing armed conflict in the region and temporary conditions preventing Lebanese nationals from safely returning to the country. Eligible individuals must have continuously resided in the U.S. since Oct. 16, 2024. Further details will be provided in a forthcoming Federal Register notice.
• U.S. Citizenship and Immigration Services published a Federal Register notice establishing procedures for Lebanese nationals covered by DED, granted by President Biden in July, to apply for employment authorization documents valid through Jan. 25, 2026.
• DHS also published a Special Student Relief Notice for F-1 nonimmigrant students who are Lebanese nationals. Eligible students may request employment authorization, work an increased number of hours while school is in session and reduce their course load while maintaining F-1 status during the DED designation period.

Additional Information: Approximately 11,000 Lebanese nationals are expected to be eligible for TPS and DED, and approximately 1,740 F-1 nonimmigrant students from Lebanon may be eligible for Special Student Relief.

BAL Analysis: BAL will continue following this matter and will provide updates 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.

A group of farm and business organizations as well as the state of Mississippi have filed a lawsuit against the Department of Labor seeking to block implementation of a final rule expanding labor rights for H-2A workers.

Key Points:

• The new lawsuit, filed in the U.S. District Court of the Southern District of Mississippi, argues that the final rule is unlawful and therefore should not be implemented.
• Plaintiffs include the International Fresh Produce Association, American Farm Bureau Federation, Mississippi Farm Bureau Federation, Stone County Farm Bureau, Chamber of Commerce of the United States of America, AmericanHort, Florida Fruit & Vegetable Association, North American Blueberry Council, Texas International Produce Association and the State of Mississippi.
• As BAL previously reported, the Farmworker Protection Rule was intended to provide improved protections for H-2A visa holders. However, the Office of Foreign Labor Certification within the DOL delayed implementing elements of the rule (also known as the Farmworker Protection Rule) after a preliminary injunction was ordered in the U.S. District Court for the Southern District of Georgia. The preliminary injunction also resulted in courts staying the rule in Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas and Virginia.

Additional Information: The H-2A program allows U.S. employers to bring foreign nationals to the U.S. to fill temporary agricultural jobs. Further information about the H-2A program is available here.

BAL Analysis: BAL will continue following this litigation and will provide updates 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.

U.S. Citizenship and Immigration Services has updated Policy Manual guidance on the International Entrepreneur Rule.

Key Points:

• The update incorporates the International Entrepreneur Program: Fiscal Year 2025 Automatic Increase of Investment and Revenue Amount Requirements Final Rule, which was published in July. This rule codifies the automatic adjustment of the investment, award, grant and revenue amounts for program applicants.
• The new guidance also clarifies that USCIS coordinates with the State Department to arrange biometrics appointments for conditionally approved International Entrepreneur applicants who are outside the United States or who choose to receive their parole documentation at a U.S. embassy or consulate.

Additional Information: The revised investment and revenue amounts went into effect on Oct. 1 and apply to requests filed on or after that date. More information on this updated policy guidance 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 U.S. State Department released the November Visa Bulletin. EB-1, EB-2 and EB-3 Final Action Dates and Dates for Filing saw no movement and remained the same as in October. All employment-based preference categories must use the Dates for Filing chart, which remains the same as last month’s bulletin.

Final Action Dates and Dates for Filing Movement:

EB-1

• China EB-1 Final Action Date and Date for Filing will remain the same.
• India EB-1 Final Action Date and Date for Filing will remain the same.
• For all other countries under EB-1, including Mexico and the Philippines, Final Action Dates and Dates for Filing will remain the same.

EB-2

• China EB-2 Final Action Date and Date for Filing will remain the same.
• India EB-2 Final Action Date and Date for Filing will remain the same.
• For all other countries under EB-2, including Mexico and the Philippines, Final Action Dates and Dates for Filing will remain the same.

EB-3

• China EB-3 Final Action Date and Date for Filing will remain the same.
• India EB-3 Final Action Date and Date for Filing will remain the same.
• For all other countries under EB-3, including Mexico and the Philippines, Final Action Dates and Dates for Filing will remain the same.

Final Action Dates for Employment-Based Preference Cases

Preference	All chargeability areas except those listed	China	India	Mexico	Philippines
EB-1	Current	Nov. 8, 2022	Feb. 1, 2022	Current	Current
EB-2	March 15, 2023	March 22, 2020	July 15, 2012	March 15, 2023	March 15, 2023
EB-3	Nov. 15, 2022	April 1, 2020	Nov. 1, 2012	Nov. 15, 2022	Nov. 15, 2022

Dates for Filing of Employment-Based Visa Applications

Preference	All chargeability areas except those listed	China	India	Mexico	Philippines
EB-1	Current	Jan. 1, 2023	April 15, 2022	Current	Current
EB-2	Aug. 1, 2023	Oct. 1, 2020	Jan. 1, 2013	Aug. 1, 2023	Aug. 1, 2023
EB-3	March 1, 2023	Nov. 15, 2020	June 8, 2013	March 1, 2023	March 1, 2023

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.

Registration for the Diversity Visa 2026 lottery is open until Tuesday, Nov. 5.

Key Points:

• Registration began Wednesday, Oct. 2, and closes Tuesday, Nov. 5, at noon EST.
• Please note that the Federal Register lists 2023 dates and has not yet been updated as of publication.
• Applicants must register online by submitting the Diversity Visa entry form, which is available on the State Department’s e-DV website. Paper applications are not accepted. Entries are limited to one person, and multiple entries will render the entrant ineligible.
• Lottery winners will be selected at random. Registrants will be given a confirmation number that they may use to check if they’ve been selected starting from May 4, 2025, through Sept. 30, 2026, on the e-DV website.
• This year, individuals born in the following countries are ineligible: Bangladesh, Brazil, Canada, China (including mainland and Hong Kong born), Colombia, Cuba, the Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, the Philippines, Republic of Korea (South Korea), Venezuela and Vietnam. Natives of Macao and Taiwan are eligible.
• With the exception of Cuba, which is not eligible for DV-2026, there were no changes in eligibility from the previous fiscal year.
• The State Department’s complete instructions are available here.

Additional Information: The State Department urges applicants not to wait until the final week to register because heavy demand may cause website delays. Individuals should also be aware of scams that frequently target DV lottery registrants. Individuals are reminded that the registration process is free and that the only way to enter the lottery and obtain lottery results is via the State Department’s e-DV website.