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A proposed H-1B regulation is under White House Review. The October Visa Bulletin shows advancement in key employment-based categories. And analysis from the head of BAL’s Government Strategies team on why comprehensive immigration reform has proved so challenging.
Get this news and more in the new episode of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and Google Podcasts or on the BAL news site.
This alert has been provided by the BAL U.S. Practice group.
Copyright ©2023 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 proposed rule to “modernize” H-1B requirements and oversight and provide additional flexibility in the F-1 student visa program is under review at the White House Office of Management and Budget.
Key Points:
BAL Analysis: The proposal could have broad consequences for the H-1B and F-1 visa programs; however, the text of the rule has not yet been published. In June, DHS indicated it was targeting December 2023 for publication, but it is possible the proposal will be published before then. The proposal will go through a 30- to 60-day notice-and-comment period before it is updated and published as a final rule, and it will likely have a delayed effective date. BAL will provide additional updates as information becomes available.
This alert has been provided by the BAL U.S. Practice Group.
Copyright © 2023 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. Department of Labor has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of Aug. 31, the department was adjudicating applications filed in October 2022 and earlier, conducting audit reviews on applications filed in June 2022 and earlier, and reviewing appeals for reconsideration filed in December 2022 and earlier.
As of August, the average number of days to process PERM applications was:
PWD Processing: As of Aug. 31, the National Prevailing Wage Center was processing PWD requests filed in February and earlier for H-1B OEWS cases and January and earlier for PERM OEWS cases. It was processing requests filed in January 2022 and earlier for H-1B non-OEWS cases and November 2022 and earlier for PERM non-OEWS cases. Redeterminations were being considered on appeals filed in March and earlier for H-1B cases and PERM cases. Center Director Reviews were being conducted for H-1B and PERM cases filed in June 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 October 2022 and earlier and is starting to see PWDs for requests filed in March 2023 and earlier for H-1B OEWS cases.
A federal judge rules against Deferred Action for Childhood Arrivals (DACA). The State Department announces it has issued all available Diversity Visas. And we sit down with Frieda Garcia, BAL’s new managing partner.
Federal Judge Andrew S. Hanen ruled Wednesday that the Biden administration’s regulation protecting Deferred Action for Childhood Arrivals (DACA) is illegal.
Key Points:
BAL Analysis: Judge Hanen’s ruling was unwelcome news for the immigration advocacy community, though not a surprise following his earlier ruling against DACA. The Biden administration is expected to appeal the ruling, and most observers believe the case will eventually land before the U.S. Supreme Court. Current DACA beneficiaries can continue to renew their DACA and DACA-related Employment Authorization Documents, though first-time requests cannot be approved. BAL will continue to follow DACA litigation and will provide updates as information becomes available.
The State Department announced it is conducting a digital visa authorization pilot program at the U.S. Embassy in Dublin.
BAL Analysis: The State Department may expand the DVA program in the future if the pilot proves successful. In the long-term, the State Department expects DVAs to be more secure as well as more efficient to process than printed visas. BAL will follow the implementation of the pilot program and will provide updates as new information becomes available.
SAN FRANCISCO and DALLAS, September 13, 2023 — BAL, the global corporate immigration law firm helping businesses and individuals navigate complex immigration issues, announces today the appointment of Frieda Garcia as Managing Partner. Frieda is the first woman and Latina to serve in this role and the third managing partner in BAL’s 43-year history. In her new role, Frieda oversees all aspects of the firm’s legal operations and ensures that teams across the firm’s 13 offices are working together seamlessly to deliver best-in-class immigration services while building on the firm’s oneBAL culture. She continues to lead efforts to attract new clients and deliver exceptional service to the firm’s clients.
“This achievement is a significant personal and professional milestone for me. I knew early on that the foundation of the open-door policy set by BAL’s s founding partners would allow me to grow and shine as long as I kept asking questions, raising my hand to help manage complex issues and finding creative ways to enhance our firm’s culture,” said Frieda. “My journey to reach this position has been defined by cultivating meaningful relationships, hard work and sacrifice, as well as unique challenges that working mothers face while building their careers. With my position, I hope to inspire and pave the way for others like me to continue BAL’s legacy of powering human achievement.”
“For over two decades, Frieda has been a distinguished leader and mentor at BAL, and she has truly exemplified our commitment to pursue the exceptional,” said Jeremy Fudge, CEO at BAL. “Frieda’s strong character, incredible legal acumen, steady presence and grace will enable BAL to continue to make a positive difference in people’s lives.”
Additionally, in celebration of Hispanic Heritage Month, BAL is putting a spotlight on Frieda’s 22-year career at the firm. Her integrity and energy became vital to its growth and culture, and she has been instrumental in spearheading the firm’s most prominent immigration programs in the technology, finance and travel service industries. Since she started at BAL in 2001, BAL has grown from two offices to 13, a testament to her contributions to the firm’s growth and success.
Frieda’s life and career have been profoundly shaped by her family’s personal immigration journey. She was born in the U.S., but at a very young age, moved back to El Salvador with her parents. After losing her mother to cancer at the age of four and spending several years in a war-torn country, Frieda’s father obtained a work visa and moved the family back to the U.S. when she was eight. Driven by her experiences, Frieda pursued higher education at the University of California, Davis, and the University of San Francisco School of Law. It was during this time that she discovered her passion for immigration law, and she began her career assisting asylum applicants and defending deportation cases.
Among her many awards and honors, Frieda has been recognized by Best Lawyers every year since 2016. Last year, she won a Corporate Counsel’s 2022 Women, Influence & Power in Law Award for Thought Leadership. Frieda and her two daughters are members of the National Charity League, a group of mothers and daughters committed to community service, leadership development and cultural experiences. Their hands-on philanthropic engagement spans 200 hours per year, and in recognition of their dedication and time, her daughters have both earned The President’s Volunteer Service Award.
Frieda’s appointment is a significant achievement for Latinas in the legal field, showcasing BAL’s unwavering commitment to fostering diversity, equity and inclusion within the industry. The NALP reports Black and Hispanic women are the most underrepresented in partner ranks, and in 2022, Latina women accounted for less than 1% of all law partners. BAL takes immense pride in its commitment to diversity and understands that it’s a key strength that enables the firm to deliver exceptional service to clients. Recognized as the most diverse law firm, people of color at BAL represent 63% of employees and 54% of attorneys. Notably, 62% of BAL’s equity partners are people of color.
About BAL
Established in 1980, BAL powers human achievement through immigration expertise, people-centered client services and innovative technology. BAL, with 13 offices across the United States and global coverage in more than 185 countries around the world, operates as a single entity through its oneBAL culture — a uniquely holistic approach, intentionally structured as one team, one brand, one P&L, one standard of excellence and one unifying technology. This united approach enables the firm to deliver the highest level of knowledge, insights and resources from across the entire organization. At BAL, we pursue the exceptional. To learn more, visit bal.com.
Media Contact: Emily Albrecht Senior Director — Marketing & Communications ealbrecht@bal.com 469-559-0174
The U.S. State Department announced it has issued all available Diversity Visas for the fiscal year ending Sept. 30.
Background: Since its launch in 1990, the DV program has given nationals of countries with low immigration rates to the United States an opportunity to apply for a U.S. immigration visa. The program allows for the issuance of up to 55,000 visas per fiscal year. Under U.S. immigration law, no single country may receive more than 7% of available visas in any one year. More information is available here.
Copyright © 2023 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 extended Temporary Protected Status reregistration periods from 60 days to 18 months for the designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.
Additional Information: U.S. Citizenship and Immigration Services stressed that the announcement does not change previously announced extensions of the TPS designations for the six countries in question. The announcement also does not change any TPS eligibility requirements, but rather extends the period when existing beneficiaries may reregister for benefits. DHS will publish a Federal Register notice with additional information soon.
This alert has been provided by the BAL Global Practice Group.
A policy that allows visa applicants more time to book appointments is coming to an end. The State Department’s forthcoming domestic visa renewal pilot is expected to help reduce workloads abroad. And a look at the benefits and drawbacks of E-Verify.