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The U.S. State Department announced the suspension of routine visa services at the U.S. Embassy in Port-au-Prince on April 15.
Key Points:
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.
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 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.
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 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.
U.S. Citizenship and Immigration Services announced that qualifying Forms I-693, Report of Immigration Medical Examination and Vaccination Record, issued on or after Nov. 1, 2023, can be used indefinitely as proof of health.
Additional Information: The new guidance is a result of collaboration between USCIS and the Centers for Disease Control and Prevention to improve the reporting of public health information collected on Form I-693.
USCIS released a new fact sheet with data spanning fiscal years 2016-2024 that shows the progress made in reducing processing times.
Additional Information: The agency said the opening of the new Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center will help in further reducing processing times for Form I-601, Form I-730 and Form I-918. It added that progress has been made in reducing processing times for EB-5 immigrant investor forms with the hiring of new staff. Individuals can refer to the Check Case Processing Times page to help determine how long processing will take.
The U.S. Embassy in India recently announced new measures to consolidate B1/B2 interview waiver appointments.
Additional Information: Applicants with appointments booked prior to Nov. 15, 2023, may proceed with their appointment to the VAC or Document Dropoff Center with the updated DS-160 confirmation page. For appointments booked on or after Nov. 15, 2023, applicants must bring the original DS-160 confirmation page used to schedule the appointment and resubmit with a new updated DS-160 confirmation page to the VAC or Document Dropoff location on the day of the appointment.
BAL Analysis: The consolidation is part of the U.S. Mission’s continuing efforts to streamline visa processing. India set a record last year, processing a record-breaking 1.4 million U.S. visas in 2023, and reduced B1/B2 visitor visa wait times from 1,000 to 250 days. Visa applicants are encouraged to check the U.S. Embassy & Consulates visas website for additional updates.
The cost of running an immigration program at a U.S. company just went up — a lot.
On Jan. 31, U.S. Citizenship and Immigration Services published a final regulation to raise immigration filing fees — and high-skilled categories saw some of the biggest increases. On April 1, the fee for an H-1B petition increased from $460 to $780 (70%), and the fee for an L-1 intracompany transfer petition increased from $460 to $1,385 (201%). All of that is before a new $600 Asylum Program Fee ($300 for small employers) is added on for each employment-based nonimmigrant or immigrant filing. Analysis from the BAL Government Strategies team shows that a typical small- or medium-sized company may see the amount they spend on filing fees more than double.
None of this is good news.
At the same time, the fee increases present an opportunity for companies to take stock of their immigration programs and reassess whether they are doing everything they can to take advantage of policy improvements that the Biden administration has made.
The fee increases are the first since 2016, and USCIS has said it will put the additional revenue to good use — not only by helping them meet the challenge of expanded humanitarian programs but also by improving processing times and reducing backlogs for employment-based filings. While the business community was clear that it would have liked to see USCIS implement additional efficiencies before raising fees, the administration has shown good faith by working to streamline programs with its current funding level. Consider:
Understandably, we have heard plenty at BAL from employers frustrated with how dramatically fees increased. What we have not heard, however, is that employers plan on dramatically cutting back their immigration programs. This is good news — and not only because it means companies will continue to recruit top workers to help keep them competitive.
Despite higher fees, there is ample evidence that it is a good idea to invest in foreign workers now, at a time of generally favorable policies. Take the H-1B program as one example. The H-1B registration fee has increased from $10 to $215 for next year’s cap registration, which gave employers an incentive to put eligible employees in the lottery this year if they were able to do so. On top of that, for beneficiaries that were not selected, employers have more favorable options for H-1B alternatives now than they previously did. The administration has added new qualifying fields of study to its STEM Designated Degree Program List, making more recent graduates eligible for extended Optional Practical Training. Officials also provided clarifying guidance on O-1 “extraordinary ability” visa criteria, making this category an increasingly common option.
None of the administration’s immigration programs are ensured to continue under future administrations. In the current political environment, there is no telling how long they will last.
Donald Trump has emerged as the Republican Party’s presumptive nominee for president. Whatever you think of Trump’s politics, it is plainly true that when he was in office, it was harder to recruit and retain high-skilled foreign workers. H-1B denial rates skyrocketed and processing backlogs ballooned at understaffed agencies. COVID-19 only made the problems worse.
Nobody knows what Trump may do if he wins this year’s election, but it certainly seems unlikely he would decrease immigration fees. Employers could be stuck with higher rates for reduced services.
The adage “never let a crisis go to waste” is instructive as employers face higher costs and uncertainty about the future of favorable immigration policies. While no one enjoys paying higher fees, employers should review their immigration strategies to take advantage of easier processes now before it’s too late.
John is a partner and head of BAL’s New York office focused on corporate clients with a range of immigration-specific issues and challenges. This article originally appeared in the most recent edition of Mobility Magazine.
U.S. Immigration and Citizenship Services announced a temporary final rule Thursday increasing the automatic extension period for certain employment authorization documents to up to 540 days.
Additional Information: Generally, automatic EAD extensions remain valid for a maximum of 180 days after expiration, but the Department of Homeland Security acknowledged that the longer extension is necessary because of application volume and processing times. The agency said that without the longer extensions nearly 800,000 EAD renewal applicants “would be in danger of experiencing a lapse in their employment authorization, and approximately 60,000 to 80,000 employers would be negatively impacted as a result of such a lapse.” Eligibility requirements for automatic extensions can be found on the USCIS Automatic EAD Extension page.