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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. government has agreed to reconsider applications from more than 41,000 nonimmigrant visa applicants who were denied visas under the Trump-era travel ban.
The government faced lawsuits over the travel ban denials and agreed to reconsider the applications at a conference in U.S. District Judge James Donato’s courtroom last week. Under an order formalizing the agreement, the government:
Background: On his first day in office, President Joe Biden rescinded the Trump-era bans on travel from several Muslim-majority countries. Biden directed the State Department to “pursue the processing of visa applications” for individuals from affected countries, but litigants said the administration’s efforts did not go far enough.
In August, Judge Donato ordered the government to address the “genuine injuries that continue to exist” despite the revocation of the travel ban. Last week, Judge Donato gave the government until Friday, Feb. 17, to provide the court with more detailed plans, including a proposal for providing notice to applicants and whether additional materials will be required in order to adjudicate visa 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.
U.S. Citizenship and Immigration Services announced updated guidance Tuesday regarding when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age under the Child Status Protection Act (CSPA).
Key Points:
BAL Analysis: Top companies and immigration organizations have urged the Biden administration to take steps to protect children who “age out” of their status while their parents wait for green cards to be processed. While the updated guidance will not protect all children who age out, it will protect those who are eligible to file for adjustment of status based on the Dates for Filing chart. USCIS said it “continues to explore all options available under the law to aid this population.” BAL will provide updates as information becomes available.
The State Department released the March Visa Bulletin, showing no movement in key employment-based categories next month. U.S. Citizenship and Immigration Services (USCIS) announced it would use the Dates for Filing chart for employment-based filings.
Dates for Filing: Key Movements
EB-1
EB-2
EB-3
Dates for Filing for Employment-Based Preference Cases:
Additional Information: Family-based applicants may also use the Dates for Filing chart next month, according to the USCIS announcement. More information is available here.
The U.S. State Department recently closed a pilot program for qualifying U.S. citizens to renew their passports online.
BAL Analysis: More than 500,000 U.S. citizens submitted passport applications through the Online Passport Renewal Portal, the State Department said. U.S. citizens in need of a new passport should renew their passport as soon as possible to avoid delays and complications. Travelers should also be sure to check their destination country’s entry rules to determine if they have enough time remaining on their passport. Employers and employees should continue to consult their BAL professional before planning international travel.
This alert has been provided by BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
The U.S. Embassy in Ankara has opened a crisis center dedicated to supporting U.S. citizens in earthquake-affected areas of Turkey.
Additional Information: In its most recent security alert, the State Department noted that commercial air and bus routes remain open from areas affected by the 7.8 earthquake on Feb. 6 and several aftershocks. The State Department outlined several steps individuals in quake-affected areas should take, including monitoring local media and avoiding crowds and large gatherings. U.S. citizens in Turkey are also encouraged to enroll in STEP to receive security and advisory information. More information is available here.
The State Department is preparing to launch a pilot program that would allow some nonimmigrant visa holders to renew their visas domestically rather than at visa-processing posts abroad, according to a Bloomberg Law article published Thursday.
Background: Domestic visa renewals have not been available since 2004. The State Department indicated last year that it was considering implementing domestic renewals again, but provided few details. Stufft told Bloomberg Law that part of the challenge is establishing a new consular division in Washington, DC, which she called “not a small endeavor.”
BAL Analysis: While domestic visa renewals would significantly ease the renewal process and help reduce backlogs, details about the program’s implementation are not available at this point. BAL will continue following the matter and will provide information as it becomes available.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of Jan. 31, the department was adjudicating applications filed in May and earlier, conducting audit reviews on applications filed in March and earlier, and reviewing appeals for reconsideration filed in June and earlier.
PERM processing times were about the same from Nov. 30 to Jan. 31.
PWD Processing: As of Jan. 31, the National Prevailing Wage Center was processing PWD requests filed in January and earlier for H-1B OES and PERM OES cases, February and earlier for H-1B non-OES cases, and January and earlier for PERM non-OES cases. Redeterminations were being considered on appeals filed June and earlier for H-1B and PERM cases.
U.S. Labor Secretary Marty Walsh is poised to leave the Biden administration, according to reports in several media outlets.
Additional Information: Walsh was sworn in as Secretary of Labor on March 23, 2021, and is reportedly leaving to run the National Hockey League Players’ Association. He is the first Cabinet-level official to depart the Biden administration. The White House has not yet issued an official statement or provided a timetable for nominating a permanent replacement.