The State Department has opened registration for the Diversity Visa 2025 lottery.

Key Points:

  • Registration began today, Oct. 4, at noon EDT, and closes Tuesday, Nov. 7, at noon EST.
  • Applicants must register online by submitting the Diversity Visa entry form, which will be available on the State Department’s e-DV website. Paper applications are not accepted.
  • Entries are limited to one per person. 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 Saturday, May 4, 2024, 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, the Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, the Philippines, the Republic of Korea (South Korea), Venezuela and Vietnam. Natives of Macau and Taiwan are eligible.
  • 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.

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. Supreme Court has declined to hear a case challenging the legality of Optional Practical Training (OPT) programs for F-1 students.

‌Key Points:

  • Last year, a D.C. Circuit Court of Appeals panel ruled to uphold the legality of OPT and the STEM OPT extension.
  • The plaintiffs, the Washington Alliance of Technology Workers (WashTech), asked for an “en banc” hearing before the full D.C. Circuit, a motion that was denied.
  • WashTech appealed to the Supreme Court, which denied certiorari Monday, leaving the appeals court’s decision to uphold OPT in place.

BAL Analysis: The Supreme Court’s decision not to hear the challenge to OPT is a win for OPT students and their supporters. The U.S. business community has shown strong support for OPT and STEM OPT, saying the programs help employers fill key positions and stay competitive.

‌This alert has been provided by the BAL U.S. Practice froup.

‌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.

Congress agreed to a 45-day spending measure late Saturday, averting a government shutdown for the time being.

Key Points:

  • The bill funds government, including immigration functions at the Department of Labor, until Nov. 17.
  • The bill also extends immigration programs that had been scheduled to sunset Oct. 1, including E-Verify, the Special Immigrant Religious Worker program and the Conrad 30 Waiver program for foreign doctors.

BAL Analysis: A shutdown would have had serious consequences for immigration services, particularly those at the Department of Labor. Congress must pass another spending measure to keep the government open beyond Nov. 17. BAL will continue following events in Washington, D.C., and will provide 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 government is on the verge of shutting down. The Biden administration announces new immigration measures, including extended Employment Authorization Documents. And analysis from the head of BAL’s Government Strategies team on why immigration is important to national security and global competitiveness.

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.

U.S. Citizenship and Immigration Services has increased the maximum validity period for certain Employment Authorization Documents to five years.

Key Points:

  • Effective immediately, USCIS is increasing the maximum available validity period from two years to five years for initial and renewal EADs for noncitizens with pending applications for adjustment of status under INA 245 and noncitizens with pending applications for asylum or withholding of removal.
  • The agency is increasing the maximum validity period from one year to five years for EADs issued to noncitizens seeking suspension of deportation or cancellation of removal.
  • It is also increasing the maximum validity period to five years for initial and renewal EADs for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees or granted asylum, as well as recipients of withholding of removal.
  • These changes will apply to applications pending or filed on or after Sept. 27, 2023. EADs issued before that date are not affected by this change.

Additional Information: The Biden administration announced this change as part of a package of immigration changes last week. USCIS updated guidance in its Policy Manual and provided additional details this week. The updated guidance also provides information on the categories of noncitizens who are automatically authorized to work (employment authorized incident to status or circumstance) and clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole.

‌BAL Analysis: The change is a welcome development that means some foreign nationals will not have to renew EADs as often. USCIS also said the change would “significantly reduce” the number of employment authorization applications it receives and contribute to the agency’s efforts to “reduce associated processing times and backlogs.”

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 Biden administration announced Wednesday that Israel has been designated into the U.S. Visa Waiver Program.

Key Points:

  • By Nov. 30, the U.S. Electronic System for Travel Authorization will be updated to allow nationals of Israel to apply to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa.
  • ESTA registration is generally valid for two years or upon expiration of the traveler’s passport, whichever happens first.
  • Travelers with a valid B-1 or B-2 visa may continue to use their visa when traveling to the United States.

Additional Information: Israel has worked for years to obtain entry into the U.S. VWP, and Prime Minister Benjamin Netanyahu released a statement today celebrating the designation. The U.S. Department of Homeland Security said Israel “put forth a significant whole-of-government effort to meet all program requirements, including passing multiple new laws, establishing information sharing systems, and implementing new entry procedures for all U.S. citizens.” Israel will be the 41st member of the VWP. Following updates in Israel’s travel policies, all U.S. citizens may request entry to Israel for up to 90 days for business, tourism or transit without obtaining a visa.

‌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.

U.S. Citizenship and Immigration Services announced Monday that it will exempt the biometrics service fee for all I-539 applicants beginning Oct. 1.

Key Points:

  • Applicants are no longer required to pay the $85 biometrics service fee if their I-539, Application to Extend/Change Nonimmigrant Status, submission is postmarked Oct. 1 or later.
  • Some applicants who file their I-539 before Oct. 1 will still be scheduled for a biometrics appointment and should attend it.
  • For applications filed after Oct. 1, USCIS may occasionally determine that biometrics are required, in which case applicants will receive a notice to appear for a biometric services appointment.

‌Additional Information: If an applicant mistakenly submits the biometric services fee with their Form I-539 fee, the following actions will be taken based on method of payment:

  • If the biometric services fee and filing fee are submitted separately, USCIS will return the biometric services fee and accept the Form I-539.
  • If the biometric services fee and filing fee are combined for a paper-based Form I-539, USCIS will consider it an incorrect filing and will reject the Form I-539.
  • If a credit card payment is authorized that combines the biometric services fee with the application fee, USCIS will accept the Form I-539 and only charge the application fee.

More information regarding the Form I-539 is available here.

This alert has been provided by the BAL US 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 federal government will enter a partial government shutdown at midnight Oct. 1 if Congress cannot agree on an appropriations bill or short-term spending measure. While many immigration services are funded by filing fees and may not be directly affected, some would come to a halt, including immigration functions at the Department of Labor.

‌Key Points:

  • Department of Labor: In the event of a government shutdown, the DOL would suspend operation of its immigration functions. The department’s Office of Foreign Labor Certification would stop accepting and processing immigration-related applications, including PERM applications, labor condition applications, applications for prevailing wage determinations and temporary employment certifications.
  • U.S. Citizenship and Immigration Services: USCIS would continue processing visas, but delays would be possible, particularly if the shutdown is prolonged. USCIS petitions requiring action by the DOL would be directly affected. Employers would be unable to file labor condition applications, which are a prerequisite to H-1B, H-1B1 and E-3 filings, including extensions of status and changes of employers in those categories. USCIS would continue to accept and process other immigrant and nonimmigrant petitions, including adjustment of status (green card) applications.
  • State Department: The State Department would continue processing visas and passports, so long as funds are available. If other government agencies and offices that support consular processing are unable to maintain operations at any time during a shutdown, visa and passport processing could be impacted.
  • Immigration and Customs Enforcement: ICE would continue to operate. ICE’s Student and Exchange Visitor Information System (SEVIS) would continue its normal operations.
  • Customs and Border Protection: CBP ports of entry would continue to operate. However, foreign nationals could experience delays.
  • E-Verify and other programs: A number of programs would be unavailable until they are reauthorized by Congress, including E-Verify. In the event of a shutdown, employers would be unable to enroll in E-Verify, access or create E-Verify cases or resolve tentative nonconfirmations. Employers would not be penalized for shutdown-related delays in E-Verify but would still be required to follow Form I-9 obligations and complete E-Verify cases when the system becomes available. Other programs that would be unavailable until they are reauthorized include the Conrad 30 waiver for J-1 physicians and the Special Immigrant Religious Workers program.

‌BAL Analysis: A government shutdown would have a significant effect on a number of immigration services, particularly those at the Department of Labor. While it remains possible that Congress could pass an appropriations bill or stopgap spending measure before Sept. 30, employers may wish to work with BAL to submit time-sensitive DOL filings before that date. BAL will continue following events in Washington, D.C., and will provide 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.

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:

  • The text of the proposed rule is not yet available, but review at the White House OMB is the last step in the regulatory process before publication.
  • According to the Department of Homeland Security, the proposed rule would:
    • Revise regulations related to the employer-employee relationship.
    • Implement new guidelines for site visits.
    • Provide flexibility on employees’ start dates in limited circumstances.
    • Address “cap-gap” issues.
    • Strengthen the registration process to reduce the possibility of misuse and fraud.
    • Clarify the requirement that an amended or new petition be filed if there are material changes.

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.