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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. State Department has published a temporary final rule exempting certain Afghan nationals from paying some immigrant visa processing fees.
Key Points:
Additional Information: The full Federal Register notice is available here.
BAL Analysis: This temporary final rule will provide fee exemptions to qualified applicants through Dec. 31, 2024, and is designed to help Afghan nationals resettle and reunite with family members in the United States. BAL will continue to follow developments specifically affecting Afghan nationals and will provide updates as information becomes available.
This alert has been provided by the 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 Office of Foreign Labor Certification is poised to implement changes to the Permanent Labor Certification (PERM) application process.
Background: The switch to the new filing process had been set to take effect May 11, but OFLC announced earlier this month that the change would be postponed to June 1. OFLC said it used the extra time in part to establish procedures that will allow filers to link prevailing wage determinations to a PERM application in cases where users no longer have access to the FLAG account from which the prevailing wage request was submitted. Information on this option can be found in the addendum to the Form ETA 9089 User Guide on the PERM program page on FLAG.
BAL Analysis: BAL continues to work closely with clients in preparation for the June 1 changes to the PERM application process. The submission process and form were designed to streamline PERM; however, technical challenges and delays in the transition period should be expected. BAL will provide additional updates as information becomes available.
The U.S. State Department has suspended the requirement for Diversity Visa 2024 selectees to submit supporting documents through the Kentucky Consular Center.
Additional Information: The entry period for the 2024 Diversity Visa program was between Oct. 5 and Nov. 8, 2022. DV2024 entrants may enter their confirmation information on this website to see if their registration has been selected for the DV2024 program. Individuals who are selected to participate in the Diversity Visa program are not guaranteed an interview or visa; some selectees do not receive either during the DV program year.
BAL Analysis: The State Department determined that it can increase the number of DV appointments scheduled during the earlier months of the program year by not requiring selectees to submit supporting documents to the KCC. DV applicants are encouraged to be prepared to demonstrate eligibility for the visa at the time of interview by bringing all required documents.
The U.S. State Department has delayed the effective date of consular fee increases for nonimmigrant visa applications and Border Crossing Cards for some Mexican nationals.
Additional Information: More information regarding the delayed consular fee increases is available in the Federal Register notice.
BAL Analysis: The State Department stated that it delayed the effective date of the fee increases because the final rule was not delivered to the U.S. Senate until April 17, and by law there must be a 60-day review period. Current fees will remain in place until June 17. Employers should take the consular fees increases into account and adjust their budgets.
The State Department said it has reduced the time required for “administrative processing”— additional screening that must be undertaken before a consular officer can approve a visa application.
BAL Analysis: BAL saw an uptick in administrative processing last spring, but in the months since then the State Department has taken steps to reduce the burden on applicants. Not only are fewer cases going through administrative processing, but those that do are often resolved more quickly. BAL will continue to follow this trend 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 U.S. State Department has designated Sudanese nationals as “homeless nationals” and directed them to apply for immigrant visas in Cairo, Egypt.
Additional Information: The State Department adds countries to the Homeless Nationalities list when the U.S. has no consular representation in a country or when the political or security situation is tenuous or uncertain enough that staff is not authorized to process immigrant visa applications. Consular services in Sudan have been unavailable since April after the U.S. suspended its operations in the country due to the armed conflict.
There are currently 10 other countries whose nationals are on the Homeless Nationalities list: Eritrea, Iran, Libya, Russia, Somalia, South Sudan, Syria, Ukraine, Venezuela and Yemen. A full list of counties and their designated immigrant visa processing posts is available here.
BAL Analysis: Visa services in Sudan are unavailable at this time; Sudanese visa applicants should follow the State Department’s guidance. BAL will continue to monitor the situation in Sudan and will provide updates on significant developments.
Florida Gov. Ron DeSantis has signed a law that will require some private employers to verify employment eligibility of new hires.
Additional Information: E-Verify is an online tool operated by the U.S. Department of Homeland Security, which allows employers to electronically verify employment eligibility of new hires in the U.S. based on information from the Social Security Administration and DHS records. Employers who use the E-Verify system in good faith are generally presumed to have not knowingly hired unauthorized workers. More information regarding E-Verify is available here.
BAL Analysis: The new E-Verify law in Florida is expected to face legal challenges, and its impact on various aspects of employment and immigration remains uncertain. However, employers subject to the new law should be prepared to implement the E-Verify system by July 1, 2023, if the law’s implementation proceeds as scheduled.