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The U.S. Department of Labor began accepting H-2B applications Tuesday from employers in need of employees with start dates in the second half of the fiscal year.
Key Points:
BAL Analysis: The H-2B continues to grow in popularity. Last year, OFLC received applications covering 142,796 worker positions for just 33,000 available visas, and most observers expect high demand again this year. Last month, the Biden administration published a regulation to make additional H-2B visas available on top of those available under the regular H-2B cap. Employers interested in the H-2B program can contact BAL or visit its H-2 visa page here.
This alert has been provided by 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.
U.S. Citizenship and Immigration Services issued updated policy guidance in December regarding the F and M student nonimmigrant classifications.
Among other points, the guidance:
Background: The nonimmigrant academic student (F-1) classification allows a noncitizen to enter the United States as a full-time student at a college, university, seminary, conservatory, academic high school, elementary school or other academic institution, or in a language training program. The nonimmigrant vocational student (M-1) classification includes students in established vocational or other recognized nonacademic programs other than language training programs.
BAL Analysis: The guidance largely consolidates existing policy but is nevertheless a welcome development, particularly the portions related to green card sponsorship and STEM OPT and startup companies. A USCIS policy alert on the updated guidance is available here.
This alert has been provided by the BAL U.S. Practice Group.
U.S. Citizenship and Immigration Services will increase premium processing fees on Feb. 26.
Under a rule published Thursday, fees will increase as follows:
Additional Information: In 2020, Congress passed the USCIS Stabilization Act, setting new premium processing fees and allowing the Department of Homeland Security to adjust fees every two years. In a statement, DHS said it is increasing fees “for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers.”
The new fees will apply to all premium processing requests postmarked on or after Feb. 26, 2024. Premium processing is only available for some benefits. More information is available here. The new premium processing fees are unrelated to filing-fee increases USCIS proposed across visa categories in early 2023; the agency is targeting April 2024 to publish a rule finalizing those fee increases.
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. Justice Department and Department of Homeland Security published a fact sheet this week on how employers can avoid violating the law when using proprietary or commercial electronic programs to complete the Form I-9 or E-Verify process.
Additional Information: BAL continues to review the information published this week and will be providing substantive updates through BAL Community in January, including during a Jan. 17 event, “How to Run a Simple I-9 Audit.” For more information on BAL Community, visit Community.BAL.com.
The State Department on Thursday announced it would extend interview waiver authorities for certain nonimmigrant visa applicants.
Interview waivers have played a key role in helping reduce State Department processing backlogs. In announcing the extension, the department also put in place some changes to the current policy. Beginning Jan. 1, consular officers will have the authority to waive interviews for:
Applicants renewing a nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date continue to be eligible for an interview waiver.
The new interview waiver authorities will be reviewed annually and will remain in place until further notice.
To be eligible for an interview waiver, applicants must meet certain criteria, including that they:
The department stressed that consular officers may still require in-person interviews on a case-by-case basis or because of local conditions.
BAL Analysis: The extension of interview waiver authorities is welcome news that should help the State Department continue to improve visa wait times. While the interview waiver authorities no longer specifically cover F, M, and academic J visa applicants or individual petition-based based H-1, H-3, H-4, L, O, P, and Q visa applicants, these individuals may qualify for an interview waiver under one of the above-noted categories. Applicants are reminded that interviews may be required on a case-by-case basis and should check embassy and consulate websites for more detailed information about visa application requirements and procedures.
The Department of Labor has asked for public input on whether to revise its list of Schedule A job classifications that do not require permanent labor certification.
BAL Analysis: Green cards in the EB-2 and EB-3 classifications generally require permanent labor certification, or PERM; however, PERM is not required for occupations on the Schedule A list of shortage occupations. Schedule A has not been revised since 2004, and the DOL’s move to ask for public input is a welcome development towards modernizing the list and the process for revising it. This is a preliminary step in the rulemaking process, and several steps must be completed before the list can be updated. BAL will continue following this matter and will provide updates as information becomes available.
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 State Department will allow a limited number of H-1B holders to renew their visas in the United States under a pilot program, the details of which were unveiled Wednesday.
BAL Analysis: The pilot program is an important step toward bringing back domestic visa renewal, which has not been widely available in the U.S. since 2004. The pilot will be open only to a limited number of H-1B visa holders, but it could be expanded to other individuals and visa categories later in 2024. BAL will provide additional updates as information becomes available.
Leading business and immigration organizations have called on U.S. Citizenship and Immigration Services to implement proposed changes to the H-1B lottery ahead of the upcoming H-1B cap season.
In October, USCIS published a wide-ranging proposed regulation that would have broad consequences for the H-1B program, including shifting to a beneficiary-based H-1B lottery.
In a Dec. 5 comment, Compete America — a coalition of businesses, trade organizations and higher-education associations — said they have “serious concerns” about the “vulnerabilities” in the current H-1B registration process.
“The gaming of the registration system that occurred this year drove selection rates down for legitimate users of the H-1B program and caused uncertainty for U.S. employers and their employees,” the coalition said. “The H-1B program is critical to a wide range of industries in the United States, and allowing this gaming to continue for even one more year would be detrimental to the country’s economy.”
BAL Analysis: USCIS has indicated that it may seek to finalize provisions related to cap registrations separately from other provisions in the proposed regulation but has not definitively said it will do so. The deadline to submit comments on the proposed H-1B regulation is this Friday, Dec. 22. BAL will continue monitoring the proposal through the regulatory process and will provide updates as information becomes available.
A Federal Register notice about a State Department pilot program to revive domestic visa renewal for a limited number of nonimmigrant visa holders has cleared review at the White House Office of Management and Budget.
BAL Analysis: While the pilot would be a significant step toward bringing back a domestic visa renewal program, it will initially apply to a limited number of H-1B visa holders before potentially being expanded. Eligibility criteria, scope and duration of the pilot will not be known until the notice is published in the Federal Register. BAL will continue following the matter and will provide more information once it becomes available.
The State Department updated current passport processing times, showing reduced wait times for both routine and expedited services.
Additional Information: It may take up to two weeks for applications to arrive by mail at a passport agency or center, and then an additional two weeks or more to receive a completed passport in the mail. These mailing times are not included in the processing times described above. Individuals must be traveling within 14 calendar days in order to schedule an in-person appointment for urgent passport or emergency passport processing services.
BAL Analysis: The decrease in wait times is welcome news, especially following significant delays over the summer. Wait times fluctuate with changes in demand, and travelers are urged to continue preparing well in advance of planned international travel.