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U.S. Citizenship and Immigration Services posted a Federal Register notice extending and expanding work authorization for eligible Hong Kong residents who are covered by Deferred Enforced Departure.
Key Points:
Additional Information: The extension and expansion was made to offer safety and protection to Hong Kong residents amid a continued “assault on Hong Kong’s autonomy, undermining its remaining democratic processes and institutions, imposing limits on academic freedom, and cracking down on freedom of the press.” More information on DED is available on this USCIS webpage.
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 U.S. State Department has provided updated border crossing information to U.S. citizens who are trying to leave Sudan.
Additional Information: As of April 22, the U.S. Embassy in Khartoum, Sudan, is no longer offering routine or emergency consular services. The State Department suspended such services until further notice. The situation is “violent, volatile and extremely unpredictable, particularly in the capital city Khartoum,” the Department stated.
BAL Analysis: Companies with employees in the country are encouraged to follow State Department information and warnings closely. Wait times at crossing points could vary widely and change quickly. BAL will continue to monitor developments regarding the security situation in Sudan and will provide more information as it 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 White House announced Monday that it will soon end the COVID-19 vaccination requirement for nonimmigrant international air travelers. The Department of Homeland Security announced it would end the vaccination requirement for non-U.S. travelers entering the U.S. via land ports of entry and ferry terminals.
Background: The Biden administration first introduced the COVID-19 vaccination requirement for international air travelers and those crossing at land borders and ferry terminals in November 2021.
BAL Analysis: The termination of the COVID-19 vaccination requirements will coincide with the end of the national COVID-19 public health emergency. The Biden administration has been reviewing COVID-related immigration policies and, in addition to the vaccination policy, recently ended COVID-related flexible deadlines for responding to some U.S. Citizenship and Immigration Services requests. BAL will continue to monitor the administration’s COVID policies and will provide updates as information becomes available.
Diversity Visa lottery results for fiscal year 2024 will be available on May 6 on the State Department’s Entrant Status Check webpage.
Background: The Diversity Visa program provides 55,000 immigrant visas (green cards) per year to individuals from countries with low levels of immigration to the United States. Individuals register during an annual registration period and are selected through a random lottery. The registration period for fiscal year 2024 Diversity Visas opened Oct. 5, 2022, and closed Nov. 8, 2022.
BAL Analysis: Applicants are reminded that the State Department’s Entrant Status Check webpage is the only official source where results are posted. They must use the official website to find out if they have been selected in the lottery and, if selected, to check for the date of their immigrant visa appointment, as the U.S. government does not directly notify selectees.
U.S. Citizenship and Immigration Services announced Friday that it received 780,884 total registrations for this year’s H-1B lottery — a figure that shatters last year’s previous record of 483,927.
The agency attributed the dramatic rise in part to a large increase in the number of registrations submitted on behalf of beneficiaries with multiple registrations. USCIS distributed this chart, showing registration and selection numbers for fiscal years 2021-2024 (as of April 24, 2023).
*The count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments.
**USCIS said the number of selections was smaller in FY 2024 than in prior years primarily due to (a) establishing a higher anticipated petition filing rate by selected registrants based on prior years; and (b) higher projected Department of State approvals of H-1B1 visas, which count against the H-1B cap.
Beneficiaries With Multiple Registrations
The annual quota for cap-subject H-1B visas is 85,000, of which 20,000 are exclusively for U.S. advanced degree holders.
In its announcement, USCIS stated that the significant increase in the number of eligible registrations for beneficiaries with multiple eligible registrations raises “serious concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary.”
The agency said it has already “undertaken extensive fraud investigations” this year, would continue its investigations and may refer individuals or entities who submitted false attestations to “the appropriate federal law enforcement agencies for investigation and further action, as appropriate.”
USCIS also provided a reminder that the agency is working on a proposed rule to “modernize” H-1B requirements and oversight, including the registration process.
BAL Analysis: The 780,884 total registrations marked a 61.4% increase over the 483,927 from last year. The increase demonstrates the ongoing popularity of the H-1B program and the high demand for the limited annual number of visas. Employers are encouraged to work with their BAL attorney to consider alternatives for registrations that were not selected in March’s lottery.
The impact of USCIS’ investigation into potential fraud on this year’s selection or the possibility of a second lottery remains to be seen. BAL will continue to monitor the issue and will provide updates as information becomes available.
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.
The U.S. Embassy in India has announced that certain Indian nationals can now use the interview waiver process when applying for a new visa.
Additional Information: The State Department previously authorized consular officers to waive the in-person interview requirement for travelers applying for F, H-1, H-3, H-4, non-blanket L, M, O, P, Q and academic J visas who were previously issued any type of visa if they are applying for a visa in their country of nationality or residence. Foreign nationals renewing any nonimmigrant visa in the same category within 48 months of expiration are also eligible for interview waivers. Applicants should keep in mind that a consular officer may request an interview even if eligible under the interview waiver criteria. Visa processing may take longer than three weeks, including during the summer months when visa demand is high. More information regarding the interview waiver process is available here.
The U.S. State Department has provided border crossing information to U.S. citizens who are trying to leave Sudan.
The U.S. State Department has suspended operations and evacuated all U.S. employees and their family members from the U.S. Embassy in Khartoum, Sudan.
Additional Information: The State Department reissued a “do not travel” warning for Sudan because of ongoing armed conflict throughout the country, including heavy fighting between various political and security groups. The situation is “violent, volatile and extremely unpredictable, particularly in the capital city Khartoum,” the Department stated.
As of April 22, the State Department has not designated another U.S. Embassy for processing immigrant visa applications for those living in Sudan. Generally, nonimmigrant (temporary) visa applicants from Sudan can apply at any U.S. embassy or consulate where they are physically present and can obtain an appointment. More information regarding the State Department’s announcement is available here.
BAL Analysis: Companies with employees in the country are encouraged to follow State Department information and warnings closely. BAL will continue to monitor developments regarding the security situation in Sudan and will provide more information as it becomes available.