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IMPACT — MEDIUM
The U.S. and Irish governments have agreed to extend a working holiday visa program.
Key Points:
Additional Information: U.S. Ambassador to Ireland Claire Cronin said working holiday visa opportunities “have enriched and strengthened the ties and shared values that bind the U.S and Ireland.” TIrish Minister of State for European Affairs and Defence Peter Burke said the program “offers an unrivalled opportunity to current students and recent graduates to experience a way of life on the other side of the Atlantic.” More information is available here.
This alert has been provided by the BAL Global 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.
The U.S. Court of Appeals for the D.C. Circuit has declined to reconsider an October ruling upholding the legality of Optional Practical Training programs.
Background: OPT allows F-1 students who graduate from a U.S. university to work for 12 months in their field of study and for an additional 24 months if they have a degree in science, technology, engineering or math. The litigation challenging OPT dates back to 2014. Business organizations have shown strong support for OPT, with 60 U.S. companies and trade organizations signing a friend-of-the-court brief urging the D.C. Circuit to protect OPT and saying the program helps employers fill “persistent vacancies” in STEM positions.
BAL Analysis: The D.C. Circuit’s decision not to rehear the OPT appeal is a welcome development, but WashTech may pursue further judicial review. BAL will continue to follow the litigation and will provide updates on important developments.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
The Chinese government recently reopened its visa offices in Los Angeles, New York and Washington D.C. and plans to reopen its visa offices in Chicago and San Francisco on Feb. 3.
Additional Information: Multiyear multiple-entry visas issued before March 26, 2020, as well as tourism and medical visas are currently suspended and cannot be used. More information on the reopening of visa offices is available on the Chinese embassy or consulates’ webpages for Chicago, Los Angeles, New York, San Francisco and Washington D.C.
BAL Analysis: Those planning travel to China should review the instructions posted on the Chinese embassy or consulates’ websites to avoid complications or delays.
U.S. Customs and Border Protection and the Canada Border Services Agency announced a new interview option to increase enrollment capacity for NEXUS, a binational program that expedites preapproved travelers’ transit between the two countries.
Background: The NEXUS program allows both countries to focus their screening efforts on unknown and potentially higher-risk travelers and goods. CBP and CBSA have completed more than 200,000 NEXUS enrollments since Oct. 1, 2022, and reduced the net inventory of applicants by approximately 100,000 from its peak in summer 2022.
BAL Analysis: The announcement of a new NEXUS interview option is welcome news, as it will increase the enrollment capacity for new and renewing members. BAL will continue to monitor the implementation of the interview option and will provide more information as it becomes available.
U.S. Citizenship and Immigration Services warns potential humanitarian parolees and their sponsors to be aware of scams and predatory behavior targeting individuals from Cuba, Haiti, Nicaragua, Ukraine and Venezuela.
Additional Information: More information about scams targeting potential humanitarian parolees is available on the USCIS Avoid Scams webpage.
U.S. Citizenship and Immigration Services announced Friday that its H-1B electronic registration period would open at noon ET on March 1 and will close at noon ET on March 17.
BAL Analysis: USCIS received a record 484,927 H-1B registrations last year. Demand for H-1B visas will likely be high again this cap season, even with some signs of a hiring slowdown. Employers are encouraged to work closely with BAL regarding the immigration benefits employers can offer (e.g., immediate green card sponsorship), which petitions should be fully prepped before the registration lottery, and possible H-1B alternatives for registrations that are not selected. BAL will provide updates on cap season as information becomes available.
President Joe Biden recently approved a two-year extension of Deferred Enforced Departure for eligible Hong Kong residents who are currently living in the U.S.
Additional information: The Biden Administration said that the extension 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 can be found on this USCIS website.
BAL Analysis: The Department of Homeland Security is expected to issue instructions in the coming days on how eligible foreign nationals may apply for DED and employment authorization documents. BAL will continue to monitor these developments and will provide updates as they become available.
Immigrant and nonimmigrant visa issuance increased dramatically in the 2022 fiscal year, according to the State Department’s “Report of the Visa Office 2022.”
The data shows that in FY 2022:
FY 2022 immigrant visa issuance was consistent with pre-pandemic levels; nonimmigrant visa issuance remained lower than pre-pandemic rates despite the increase.
Monthly immigrant and nonimmigrant visa data shows that visa issuance continued at a high level in the first two months of FY 2023.
BAL Analysis: The COVID-19 pandemic and related staffing and funding issues dramatically slowed visa issuance globally; however, the recent data shows that visa processing levels have largely been restored. Some posts are still grappling with significant backlogs, including posts in India, where officials recently opened up Saturday interview slots for some first-time visitor visa applicants. BAL will continue to monitor efforts to address visa and appointment wait times abroad. Employers and employees should continue to consult their BAL professional before planning international travel.