Search
Contact
Login
Share this article
The White House Office of Management and Budget has completed its review of a Department of Homeland Security proposal to “modernize and reform” the H-2A and H-2B nonimmigrant worker programs.
Key Points:
BAL Analysis: Both the DHS and DOL regulations will be published as proposed rules, meaning they will go through a notice-and-comment period before they are updated and published as final rules. BAL will continue following the development of these regulations and will provide updates on how they will impact H-2A and H-2B employers.
This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
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 COVID-era policy that allows visa applicants more time to book appointments after paying the applicable State Department fee ends this month.
BAL Analysis: Applicants with MRV receipts issued before Oct. 1, 2022, are encouraged to book appointments this month in order to avoid having to pay their MRV fee another time. Similarly, applicants with receipts issued before this date should not to attempt to change their appointment dates on or after Oct. 1, 2023. Doing so will result in the appointment being canceled and the forfeiture of their receipt. For more information, find the State Department’s announcement of this change here.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
The Department of Homeland Security announced the extension and redesignation of South Sudan for Temporary Protected Status for 18 months, from Nov. 4, 2023, through May 3, 2025.
Key Points:
Additional Information: In a statement, Homeland Security Secretary Alejandro Mayorkas said the extension and redesignation would allow the U.S. to “continue to offer safety and protection to South Sudanese nationals who may not be able to return to their country due to the ongoing armed conflict and humanitarian crisis.” DHS said the extension would allow approximately 133 current beneficiaries to retain TPS, while the redesignation would allow roughly 140 additional individuals to file first-time TPS applications.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
A temporary policy on employment authorization extensions is set to end. Student visa issuance is on the rise. And a look at the impact of USCIS processing delays.
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 multiyear decline in foreign-student enrollment in American colleges and universities appears to be ending.
Background: The United States recorded its high-water mark of 644,253 F-1 visa issuances for foreign students in 2015, then saw the numbers decline steadily for the next four years, reaching 364,204 in 2019. In 2020, the onset of the COVID-19 pandemic caused issuances to plummet to 111,387. In 2021, the 357,839 F-1 issuances nearly reached pre-pandemic levels, and they’ve been increasing ever since.
BAL Analysis: There is intense global competition to attract young minds who will shape future talent pools. The increasing numbers are good news for American employers because they represent a talent pipeline of educated, diverse, skilled workers already acclimated to American life and equipped to join the U.S. workforce, especially in STEM fields.
A temporary policy that provides for longer automatic extensions of some workers’ employment authorization documents is set to end Oct. 26.
BAL Analysis: USCIS implemented the temporary rule in 2022 as part of a package of initiatives to address processing delays and a growing case backlog. At this time, it appears unlikely the temporary rule will be extended. Applicants who are eligible to receive the 540-day extension are encouraged to file their Form I-765 before Oct. 26.
Employers that relied on Form I-9 flexible measures during the COVID-19 pandemic have until Aug. 30 to complete follow-up document inspections.
Background: USCIS confirmed earlier this month that E-Verify employers that checked Form I-9 identity and work authorization documents remotely under temporary COVID-19 flexibilities “must still complete the steps of the new alternative procedure to finalize the Form I-9” by Aug. 30 even if they followed a process similar to the alternative procedure. USCIS guidance on notating Form I-9 when completing reviews due Aug. 30 is available here.
The State Department publishes a proposal on allowing third parties at interviews for U.S. citizen services. Foreign musicians and artists express concern about proposed filing fee increases. And a look at how passport applications have swamped the State Department — and what that means for business.
The State Department has published a proposed rule that would allow third parties to attend interviews for certain U.S. citizen services.
BAL Analysis: While State Department guidance has permitted third-party attendance at some appointments in the past, there are no regulations on the issue and policies vary from post to post. The Department said it published the proposal “to provide greater transparency to the public” and an “explicit framework” through which the department “may facilitate such third-party attendance” at interview appointments.
Lawmakers introduce a Name, Image and Likeness bill with new provisions for F-1 student athletes. The U.S. curtails consular services in Niger. And a closer look at USCIS’ second H-1B lottery.