The State Department released the April Visa Bulletin, showing retrogression for India EB-2 and “all other countries” EB-2, as well as moderate advancement for China EB-3. U.S. Citizenship and Immigration Services announced it would use the Final Action Dates chart for employment-based filings.

Final Action Dates: Key Movements

EB-1

  • China EB-1 will remain at Feb. 1, 2022.
  • India EB-1 will remain at Feb. 1, 2022.
  • All other countries under EB-1 will remain current.

EB-2

  • China EB-2 will remain at June 8, 2019.
  • India EB-2 will retrogress eight months to Jan. 1, 2011.
  • All other countries under EB-2 will retrogress four months to July 1, 2022.

EB-3

  • China EB-3 will advance three months to Nov. 1, 2018.
  • India EB-3 will remain at June 15, 2012.
  • All other countries under EB-3 will remain current.

Final Action Dates for Employment-Based Preference Cases:

Preference All Other Countries China India Mexico Philippines
EB-1 Current Feb. 1, 2022 Feb. 1, 2022 Current Current
EB-2 July 1, 2022 June 8, 2019 Jan. 1, 2011 July 1, 2022 July 1, 2022
EB-3 Current Aug. 1, 2018 June 15, 2012 Current Current

Additional Information: Family-based applicants must use the Dates for Filing chart next month, according to the USCIS announcement. More information is available here.

The State Department also announced that it listed final action and application filing dates for EB-4 visa applicants from El, Salvador, Guatemala and Honduras in the “All Chargeability Areas Except Listed” column, resulting in a EB-4 retrogression as of April 1, 2023, under final action dates. More information regarding this change is available in this Federal Register notice.

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. Senate recently confirmed former Los Angeles Mayor Eric Garcetti to be the U.S. ambassador to India, a diplomatic posting that oversees visa processing operations at the embassy and consulates throughout India.

Key Points:

  • Garcetti was confirmed as the next U.S. ambassador to India by a 52-42 Senate vote on March 15.
  • Garcetti was mayor of Los Angeles from 2013 until 2022.
  • He will replace Ambassador Beth Jones, who has served as Chargé d’Affaires since October 2022.

Additional Information: Garcetti’s nomination to be ambassador of India was first announced in July 2021. It cleared the Senate Foreign Relations Committee in January 2022 but did not receive a full vote in the Senate. President Biden then renominated Garcetti in January 2023.

BAL Analysis: Garcetti will assume the ambassadorship at a time when India continues to struggle with pandemic-related visa backlogs. Over the past months, the U.S. Mission to India has taken steps to help reduce visa processing times, including providing Saturday appointments and increasing staff, among other changes. While wait times in India are still among some of the highest in the world for nonimmigrant (temporary) applicants, the State Department’s most recent estimates show signs of progress. BAL will continue to follow visa processing delays in India and provide information as it is made 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.

U.S. Customs and Border Protection and the Canada Border Services Agency announced that they will reopen eight NEXUS enrollment centers in Canada.

Key Points:

  • As of March 21, travelers can begin booking interviews at the international airports in Calgary, Edmonton, Halifax, Montreal, Ottawa, Toronto, Vancouver and Winnipeg. Interviews will begin on:
    • March 27 at Halifax Stanfield International Airport and Winnipeg James Armstrong Richardson International Airport.
    • April 3 at Vancouver International Airport.
    • April 12 at Calgary International Airport and Edmonton International Airport.
    • April 17 at Montreal-Trudeau International Airport.
    • April 24 at Ottawa Macdonald-Cartier International Airport and Toronto Pearson International Airport.
  • More information on the NEXUS program is available here.

Additional Information: NEXUS applicants have three options for completing their interviews after being conditionally approved for NEXUS. Applicants can complete a(n):

  • Joint interview at a U.S.-based enrollment center.
  • Interview at a Canadian land enrollment center and then complete another interview at a U.S. enrollment center location at the Canadian border.
  • Interview at a Canadian airport enrollment center with CBSA officers and complete a U.S. interview with CBP at Canadian airport preclearance locations for those flying from Canada to the United States.

BAL Analysis: U.S. and Canadian authorities reopened the NEXUS enrollment centers in Canada to reduce wait times and expand the program. The reopened centers will help reduce the backlog of applications and help more individuals get NEXUS cards.

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.

U.S. Citizenship and Immigration Services has announced mail delivery process for receiving Alien Documentation, Identification and Telecommunication stamps.

Key Points:

  • Lawful permanent residents may now receive temporary evidence of their lawful permanent resident status by mail rather than physically visiting a field office to receive an ADIT stamp.
  • When LPRs call the USCIS Contact Center to request temporary evidence of status, an officer will verify the caller’s identity, physical mailing address and whether that address can receive UPS or FedEX express mail. They will then schedule an in-person appointment or submit a request to issue the ADIT stamp by mail.
  • If an in-person appointment is not needed, the USCIS field office will review the request for temporary evidence and mail the applicant a Form I-94 with ADIT stamp, DHS seal and a printed photo of the lawful permanent resident obtained from USCIS systems.
  • Some LPRs will still need to appear in person at a USCIS field office to receive temporary evidence of their status, including those who have urgent needs, do not have a useable photo in USCIS systems or whose address or identity cannot be confirmed.

Additional Information: LPRs may need temporary evidence of their status in the form of an ADIT stamp if they do not have their Green Card, or their Form I-90, Application to Replace Permanent Resident Card; Form I-751, Petition to Remove Conditions on Residence; or Form N-400, Application for Naturalization, is still pending adjudication, and their Green Card and extension notice have expired.

BAL Analysis: The new mail delivery process will allow USCIS to issue temporary evidence of lawful permanent resident status more quickly without requiring most individuals to schedule an in-person appointment at the field office.

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.

U.S. Citizenship and Immigration Services said Friday that it would accept H-1B registrations until 5:00 p.m. ET on Monday, March 20.

Key Points:

BAL Analysis: The extended deadline will provide more time to those affected by Thursday’s technical problem to complete registration. USCIS stressed that “paid and completed registrations were not affected” by the technical issue. Those who were able to complete registration do not need to take any action. BAL legal teams will ensure that all intended applicants are registered by the new deadline, and foreign nationals may check the status of their cases by logging into Cobalt. BAL will provide additional information as it 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.

U.S. Customs and Border Protection has announced that nationals of Croatia are now eligible to apply for the U.S. Global Entry Program.

Key Points:

  • Global Entry allows expedited clearance for pre-approved, low-risk travelers when entering the United States through designated airports.
  • Applicants must apply for Global Entry through this website and pay a nonrefundable government fee of $100 for a five-year membership.
  • Once the online application is conditionally approved, applicants can schedule an interview with a CBP officer or complete their interview upon arriving in the United States at an Enrollment on Arrival location.

Additional Information: Those with Global Entry enter the United States through automatic kiosks at numerous U.S. airports and at preclearance locations around the world.

BAL Analysis: Croatian nationals who frequently travel to the United States for business or tourism will benefit from the program, as their entry process will be expedited at many U.S. airports. Global Entry members can also benefit from security prescreening at designated international airports before boarding a flight to the United States. Travelers are reminded that they must still have a valid visa, if required, before traveling to the country.

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.

U.S. Citizenship and Immigration Services said Thursday that it would extend the H-1B registration deadline, citing a technical issue.

Key Points:

  • The initial H-1B registration deadline was Friday, March 17, at noon ET.
  • USCIS posted the following statement on Twitter Thursday evening: “Currently, some users are not able to complete the H-1B registration process. We apologize for any inconvenience & are working to fix the issue. We will extend the registration deadline. Stay tuned for more details.”

BAL Analysis: While USCIS has said it will extend the registration deadline, the agency has not yet said what the new deadline will be or elaborated on the technical problems. BAL 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.

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 issued updated policy guidance on how it analyzes an employer’s ability to pay proffered wages for certain immigrant beneficiaries.

The guidance:

  • States that USCIS reviews all evidence relevant to an employer’s finances and its business activities.
  • Explains that an employer must submit one of the three forms of initial required evidence listed in the regulation but can also provide other types of relevant evidence.
  • Discusses each form of initial required evidence and several other forms of additional evidence employers might submit to establish their ability to pay the required wage.
  • Adds information about types of business structures to help USCIS officers better understand the types of petitioning employers who are filing Form I-140, Immigrant Petition for Alien Workers, and Form I-129, Petition for Nonimmigrant Worker.
  • Explains how USCIS analyzes evidence and issues related to an employer’s ability to pay the required wage.

Background: Employers seeking to classify prospective or current employees under the first, second, and third preference employment-based immigrant visa classifications that require a job offer must demonstrate their continuing ability to pay the proffered wage to the beneficiary as of the priority date of the immigrant petition. More information regarding USCIS’ analysis on an employer’s ability to pay required wages is available here. The updated USCIS Policy Manual is available here.

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. Consulate in Hyderabad, India, announced that it will relocate to Nanakramguda this month.

Key Points:

  • The U.S. Consulate in Hyderabad will stop operations at Paigah Palace at 12 p.m. on March 15.
  • Operations will resume at the new location in Nanakramguda at 8:30 a.m. on March 20.
  • U.S. citizens who are in need of emergency consular services from March 15 to March 20 should call +91 040 4033 8300.
  • Individuals who have biometrics appointments or interview waiver cases should go to the Visa Application Center in Madhapur; the consulate move does not affect this process.

Additional Information: Individuals should expect delays in services during the relocation process. More information regarding U.S. citizen services, visa services and related information will be posted here.

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.