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IMPACT — MEDIUM
The U.S. Department of State has ordered the temporary departure of non-emergency government personnel and eligible family members from the U.S Embassy in Niamey, Niger, due to a military coup against President Mohamed Bazoum.
Key Points:
Additional Information: The State Department updated its travel advisory on Niger to Level 4: Do Not Travel due to military action related to the coup, civil unrest and ongoing threats of crime, terrorism and kidnapping. More information is available here. The State Department said it would continue to provide updates on embassy and consulate websites and on travel.state.gov.
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.
U.S. Citizenship and Immigration Services completes a second H-1B registration lottery. The U.S. limits Hungarian citizens’ access to the visa waiver program. And a look at J-1 visa opportunities for STEM researchers and specialists — and how they could help keep the U.S. competitive in the global economy.
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 published a new Form I-9 that will become mandatory Nov. 1.
The agency also provided updated guidance for employers that relied on temporary Form I-9 flexible measures during the COVID-19 pandemic, and U.S. Immigration and Customs Enforcement announced it is considering a remote verification pilot program for employers who are not enrolled in E-Verify.
BAL Analysis: Employers are encouraged to familiarize themselves with the new Form I-9 and should have plans in place to begin using the new version no later than Nov. 1. Employers are also reminded that they must complete follow-up Form I-9 document checks by Aug. 30 for employees whose I-9 documents were reviewed virtually during the pandemic. BAL will continue to follow the development of a possible pilot program for non-E-Verify employers and will provide updates as information becomes available.
This alert has been provided by BAL U.S. 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.
The U.S. government took action this week to limit Hungarian citizens’ access to the Visa Waiver Program (VWP) due to security concerns over passports issued from 2011 to 2020.
Background: U.S. officials have been working with Hungary for years to address concerns about passport security, but said they took the unprecedented action to curtail VWP access due to Hungarian inaction on the matter.
This alert has been provided by BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
U.S. Citizenship and Immigration Services announced late Monday that it had completed the second H-1B registration lottery for the 2024 fiscal year.
Background: USCIS completed its initial lottery of H-1B cap-subject registrations in March, selecting 110,791 of 758,994 eligible registrations. Last week, USCIS announced it would conduct a second registration lottery, saying it had “recently determined that (the agency) would need to select additional registrations to reach the FY 2024 numerical allocations.”
BAL Analysis: With the additional selections in the second lottery, this year’s overall H-1B cap selection rate rose to 24.8%. This selection rate is roughly on par with last year’s selection rate of 26.9%, even with a surge in registrations this year. Employers should begin preparing to file full petitions for selected candidates and are encouraged to work with their BAL attorney to consider alternatives for registrations that were not selected.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
COVID-era Form I-9 temporary measures come to an end today, a day before a new Department of Homeland Security I-9 regulation goes into effect.
Key Points:
Reminder: Employers have until Aug. 30 to conduct follow-up document inspections for employees whose Form I-9 identity and work authorization documents were inspected remotely under the temporary COVID-19 measures. The follow-up inspections can be completed under the new DHS rule, provided the employer (1) was enrolled in E-Verify at the time the employee was hired, (2) created an E-Verify case for the employee in question and (3) performed a remote Form I-9 document inspection for the employee under the temporary measures between March 20, 2020, and July 31, 2023. Employers that do not meet these requirements must physically review documents by Aug. 30.
BAL Analysis: The new remote verification option is welcome news for employers, especially because it will be available in some cases to employers who must complete follow-up document review for employees hired during the pandemic. Employers are encouraged to continue working closely with BAL on Form I-9 compliance matters.
The Department of Homeland Security publishes a much-anticipated Form I-9 rule. USCIS announces it will conduct a second H-1B registration lottery. And a closer look at two recent Supreme Court cases and their impact on DACA litigation.
U.S. Citizenship and Immigration Services announced Thursday that it would conduct a second H-1B registration lottery for the 2024 fiscal year.
Key Points:
BAL Analysis: The huge number of registrations submitted this year demonstrates the ongoing popularity of the H-1B program and the high demand for the limited annual number of visas. News of a second lottery is a welcome development, though it remains to be seen how many additional registrations will be selected. BAL will provide updates as information becomes available.
The Department of Homeland Security posted the text of a much-anticipated Form I-9 regulation Friday, announcing it would give qualifying employers optional alternatives to in-person document review in some cases.
BAL Analysis: In its announcement Friday, DHS said the changes advance DHS’ “mission of safeguarding the integrity of the employment eligibility verification process, while recognizing the realities of the post-COVID economic recovery in which more Americans are working remotely than ever.” The remote verification option is welcome news for employers, especially because it takes effect Aug. 1 and will be available, in some cases, to employers who must complete follow-up document review for employees hired during the pandemic. Employers are encouraged to continue working closely with BAL on Form I-9 compliance matters.
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The Justice Department questions states’ standing to challenge DACA. Proposed H-2 regulations are under White House review. And a new Form I-9 rule is in the works — but may not take effect in time for employers relying on COVID-related flexible measures.