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The Department of Homeland Security announced the extension and redesignation of South Sudan for Temporary Protected Status for 18 months, from Nov. 4, 2023, through May 3, 2025.
Key Points:
Additional Information: In a statement, Homeland Security Secretary Alejandro Mayorkas said the extension and redesignation would allow the U.S. to “continue to offer safety and protection to South Sudanese nationals who may not be able to return to their country due to the ongoing armed conflict and humanitarian crisis.” DHS said the extension would allow approximately 133 current beneficiaries to retain TPS, while the redesignation would allow roughly 140 additional individuals to file first-time TPS applications.
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.
A multiyear decline in foreign-student enrollment in American colleges and universities appears to be ending.
Background: The United States recorded its high-water mark of 644,253 F-1 visa issuances for foreign students in 2015, then saw the numbers decline steadily for the next four years, reaching 364,204 in 2019. In 2020, the onset of the COVID-19 pandemic caused issuances to plummet to 111,387. In 2021, the 357,839 F-1 issuances nearly reached pre-pandemic levels, and they’ve been increasing ever since.
BAL Analysis: There is intense global competition to attract young minds who will shape future talent pools. The increasing numbers are good news for American employers because they represent a talent pipeline of educated, diverse, skilled workers already acclimated to American life and equipped to join the U.S. workforce, especially in STEM fields.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
A temporary policy that provides for longer automatic extensions of some workers’ employment authorization documents is set to end Oct. 26.
Key Points:
BAL Analysis: USCIS implemented the temporary rule in 2022 as part of a package of initiatives to address processing delays and a growing case backlog. At this time, it appears unlikely the temporary rule will be extended. Applicants who are eligible to receive the 540-day extension are encouraged to file their Form I-765 before Oct. 26.
Employers that relied on Form I-9 flexible measures during the COVID-19 pandemic have until Aug. 30 to complete follow-up document inspections.
Background: USCIS confirmed earlier this month that E-Verify employers that checked Form I-9 identity and work authorization documents remotely under temporary COVID-19 flexibilities “must still complete the steps of the new alternative procedure to finalize the Form I-9” by Aug. 30 even if they followed a process similar to the alternative procedure. USCIS guidance on notating Form I-9 when completing reviews due Aug. 30 is available here.
The State Department has published a proposed rule that would allow third parties to attend interviews for certain U.S. citizen services.
BAL Analysis: While State Department guidance has permitted third-party attendance at some appointments in the past, there are no regulations on the issue and policies vary from post to post. The Department said it published the proposal “to provide greater transparency to the public” and an “explicit framework” through which the department “may facilitate such third-party attendance” at interview appointments.
IMPACT — MEDIUM
The U.S. Department of State has ordered the temporary departure of non-emergency government personnel and eligible family members from the U.S Embassy in Niamey, Niger, due to a military coup against President Mohamed Bazoum.
Additional Information: The State Department updated its travel advisory on Niger to Level 4: Do Not Travel due to military action related to the coup, civil unrest and ongoing threats of crime, terrorism and kidnapping. More information is available here. The State Department said it would continue to provide updates on embassy and consulate websites and on travel.state.gov.
This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
U.S. Citizenship and Immigration Services has published a new Form I-9 that will become mandatory Nov. 1.
The agency also provided updated guidance for employers that relied on temporary Form I-9 flexible measures during the COVID-19 pandemic, and U.S. Immigration and Customs Enforcement announced it is considering a remote verification pilot program for employers who are not enrolled in E-Verify.
BAL Analysis: Employers are encouraged to familiarize themselves with the new Form I-9 and should have plans in place to begin using the new version no later than Nov. 1. Employers are also reminded that they must complete follow-up Form I-9 document checks by Aug. 30 for employees whose I-9 documents were reviewed virtually during the pandemic. BAL will continue to follow the development of a possible pilot program for non-E-Verify employers and will provide updates as information becomes available.
This alert has been provided by 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. government took action this week to limit Hungarian citizens’ access to the Visa Waiver Program (VWP) due to security concerns over passports issued from 2011 to 2020.
Background: U.S. officials have been working with Hungary for years to address concerns about passport security, but said they took the unprecedented action to curtail VWP access due to Hungarian inaction on the matter.
This alert has been provided by BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
U.S. Citizenship and Immigration Services announced late Monday that it had completed the second H-1B registration lottery for the 2024 fiscal year.
Background: USCIS completed its initial lottery of H-1B cap-subject registrations in March, selecting 110,791 of 758,994 eligible registrations. Last week, USCIS announced it would conduct a second registration lottery, saying it had “recently determined that (the agency) would need to select additional registrations to reach the FY 2024 numerical allocations.”
BAL Analysis: With the additional selections in the second lottery, this year’s overall H-1B cap selection rate rose to 24.8%. This selection rate is roughly on par with last year’s selection rate of 26.9%, even with a surge in registrations this year. Employers should begin preparing to file full petitions for selected candidates and are encouraged to work with their BAL attorney to consider alternatives for registrations that were not selected.
COVID-era Form I-9 temporary measures come to an end today, a day before a new Department of Homeland Security I-9 regulation goes into effect.
Key Points:
Reminder: Employers have until Aug. 30 to conduct follow-up document inspections for employees whose Form I-9 identity and work authorization documents were inspected remotely under the temporary COVID-19 measures. The follow-up inspections can be completed under the new DHS rule, provided the employer (1) was enrolled in E-Verify at the time the employee was hired, (2) created an E-Verify case for the employee in question and (3) performed a remote Form I-9 document inspection for the employee under the temporary measures between March 20, 2020, and July 31, 2023. Employers that do not meet these requirements must physically review documents by Aug. 30.
BAL Analysis: The new remote verification option is welcome news for employers, especially because it will be available in some cases to employers who must complete follow-up document review for employees hired during the pandemic. Employers are encouraged to continue working closely with BAL on Form I-9 compliance matters.