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U.S. Citizenship and Immigration Services recently announced the trial launch of E-Verify+, an upcoming service that integrates Form I-9 with the E-Verify employment eligibility verification process.
Key Points:
Additional Information: The E-Verify program was initially launched in 1996 as part of the Illegal Immigration Reform and Immigrant Responsibility Act to help employers confirm employee eligibility for working in the United States. The new E-Verify+ features will be part of the E-Verify system employers use today, allowing them to choose a standard E-Verify case or an E-Verify+ case. USCIS expects to significantly decrease errors by having employees directly input their information and documentation. An overview video of E-Verify+ can be watched here.
All current users of E-Verify should note that as of June 25, the E-Verify account login page will only be accessible through everify.uscis.gov.
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 State Department’s global visa wait times for Paris continue to grow and substantial visa processing delays are expected through mid-September due to the 2024 Paris Olympic and Paralympic Games and D-Day 80th anniversary celebrations.
Additional Information: Individuals applying for a U.S. visa in Paris should expect delays through at least mid-September 2024. The U.S. Embassy Paris will primarily be providing American citizen services during these events due to the embassy’s location and the increased presence of U.S. citizens in Paris.
The State Department urged travelers in need of a new passport to have their passports renewed as soon as possible if traveling to France and Europe this summer. The French government has launched a new consulate platform to help streamline the visa application process for the 2024 Paris Olympic and Paralympic Games. While U.S. citizens generally do not need a visa to enter France, travelers can complete a short online questionnaire to determine if they require a visa.
The U.S. Embassy Lisbon announced that Portuguese nationals can apply for E-1 and E-2 visas under the fully implemented AMIGOS Act.
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.”
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.
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.
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.
The U.S. State Department released the June Visa Bulletin, showing no advancement in most key employment-based categories. U.S. Citizenship and Immigration Services confirmed that in June it will use Final Action Dates to determine filing eligibility.
India EB-3 advanced by one week to Aug. 22, 2012. Other priority dates remained unchanged.
Final Action Dates for Employment-Based Preference Cases:
Additional Information: June will mark the fourth straight month that USCIS will use Final Action Dates to determine employment-based filing eligibility. The agency will continue to use Dates for Filing to determine family-based eligibility. In the April Visa Bulletin, the State Department said it anticipated “very little to no forward movement” in the coming months. In the June Visa Bulletin, the State Department said that because of high demand in the employment second and third categories, worldwide Final Action Dates (including Mexico and the Philippines) will likely retrogress in the next Visa Bulletin.
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 mailto:copyright@bal.com.