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When news broke earlier this year that the U.S. State Department was planning a pilot program to bring back domestic visa renewals, employers were understandably enthusiastic. After all, companies and immigration groups have advocated for this change for years—and the benefits would be significant.
A domestic visa renewal program would mean that, for the first time in nearly two decades, eligible nonimmigrant visa holders would be able to renew their visas in the United States without having to travel abroad to an embassy or consulate. This would give foreign workers greater certainty in work and travel. They would no longer have to worry about being stranded abroad for weeks or months at a time waiting for a visa renewal, and companies would have more confidence that key personnel would be able to continue working on projects in the United States. Hasty arrangements for employee transfers to international offices or remote work could finally be in the past.
Domestic visa renewal would also relieve some of the visa processing demands on embassies and consulates, potentially reducing backlogs and wait times across all visa categories, including B-1/B-2 business and tourist visas.
But while the pilot holds promise, there are reasons to temper expectations—at least for now.
The pilot would be just that—a pilot. It would likely apply to a limited number of H-1B renewal applicants and would run for a set period. The State Department would then assess the pilot and decide if and how to expand it into a permanent program. Scaling up domestic processing to cover more nonimmigrant visa categories and nationalities would be an immense challenge.
After all, it’s been two decades since domestic visa renewal was broadly available in the United States. Regulations dating back to 1987, when the State Department’s Visa Office reorganized its visa rules, allowed for domestic visa renewal for E, H, I and L visa holders. O and P visa classes were added later.
A set of post-9/11 reforms proved challenging for the State Department to comply with, however. Specifically, statutorily imposed in-person interview and fingerprint requirements made it impossible for the State Department to renew most visas in the United States because it did not have adequate facilities for these mandates. Currently, the only visas issued in the United States are for foreign government officials, staff of designated international organizations and North Atlantic Treaty Organization personnel (i.e., certain A, G and NATO visas). These visa classes are distinct from other visa categories and do not require interviews or fingerprints.
Even as domestic visa renewal ceased, the regulations that allowed for it were never taken off the books, which means the State Department has the green light to explore domestic visa renewal as an option. The State Department’s Visa Office has been preparing for the launch of the domestic renewal pilot by working through an array of logistical, operational and legal challenges.
The good news is in-person interview and fingerprint requirements won’t be deal-breakers like they were in 2004. The State Department has the authority under existing law to waive interviews for certain applicants renewing the same visa classification. And while the Department does not have fingerprints on file for all applicants (in particular, those who applied for a visa when they were under 14 or those who were issued a COVID-19-related interview waiver for an H-1, H-3, H-4, L, O or P visa and had not previously provided fingerprints), most renewal applicants already had their fingerprints taken at the time of their initial application.
Other hurdles may be more difficult to overcome. Because the Visa Office has not permitted domestic visa renewals in nearly 20 years, no office or team is in place to take on the work. Early indications are that domestic visa renewals under the pilot may be handled by existing remote processing teams, but the Visa Office would need to staff up in the long run.
Not only would the Department have to hire and train personnel to adjudicate renewals, but it would also have to find and set up office space to house new teams. The space would have to meet strict security protocols, and access would be limited to those who have the proper clearance. Payment and document delivery would also need to be established—something the Visa Office is certainly looking into in advance of the pilot launch.
Despite these challenges, the pilot is a step in the right direction. The COVID-19 pandemic foregrounded the problems with requiring visa holders to apply for renewals abroad. The State Department deserves some credit for finding creative solutions during these unprecedented times, including its use of broader interview waiver authorities, expansive use of remote processing capabilities and favorable policy changes relating to third-country nationals to handle the visa backlog. Domestic visa renewal would be a more fundamental and longer-term fix to ongoing workload and logistical challenges, but employers will have to be patient as the effort gets off the ground.
The Department of Homeland Security announced the extension and redesignation of Cameroon for Temporary Protected Status for 18 months, from Dec. 8, 2023, to June 7, 2025.
Key Points:
Additional Information: In addition to the TPS announcement, DHS provided a Special Student Relief notice for F-1 nonimmigrant students from Cameroon, which allows them to request employment authorization, work more hours while in school and have a reduced course load through the TPS designation period. DHS estimates the TPS extension will cover about 2,900 current beneficiaries, while the redesignation will make roughly an additional 7,900 Cameroonians eligible for TPS.
This alert has been provided by the BAL Global 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 Department of Homeland Security published a Federal Register notice providing additional details about the extension and redesignation of Venezuela for Temporary Protected Status.
Additional Information: Homeland Security Secretary Alejandro Mayorkas announced the extension and redesignation of Venezuela for TPS in September. DHS estimates the TPS extension will cover about 242,700 current beneficiaries, while the redesignation will make roughly an additional 472,000 Venezuelans eligible for TPS.
IMPACT – HIGH
Norway has lifted some immigration and travel restrictions that were put in place because of the COVID-19 pandemic.
Additional information: Other travel restrictions remain in place. Besides those mentioned above, foreign nationals who hold a valid residence permit in Norway or EU/EEA nationals who already live or work in Norway will be permitted entry. Individuals who were granted a resident permit after April 20 are not permitted to enter Norway, though there are some exceptions. The changes have eased entry restrictions for a limited number of travelers, namely business travelers from Nordic countries, EU/EEA nationals moving to Norway for work and their family members.
Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.
Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.
The State Department has opened registration for the Diversity Visa 2025 lottery.
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.
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:
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.
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.
U.S. Citizenship and Immigration Services has increased the maximum validity period for certain Employment Authorization Documents to five years.
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.”
The Biden administration announced Wednesday that Israel has been designated into the U.S. Visa Waiver Program.
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.
U.S. Citizenship and Immigration Services announced Monday that it will exempt the biometrics service fee for all I-539 applicants beginning Oct. 1.
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:
More information regarding the Form I-539 is available here.
This alert has been provided by the BAL US Practice Group.