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The U.S. Embassy in India has announced that certain Indian nationals can now use the interview waiver process when applying for a new visa.
Key Points:
Additional Information: The State Department previously authorized consular officers to waive the in-person interview requirement for travelers applying for F, H-1, H-3, H-4, non-blanket L, M, O, P, Q and academic J visas who were previously issued any type of visa if they are applying for a visa in their country of nationality or residence. Foreign nationals renewing any nonimmigrant visa in the same category within 48 months of expiration are also eligible for interview waivers. Applicants should keep in mind that a consular officer may request an interview even if eligible under the interview waiver criteria. Visa processing may take longer than three weeks, including during the summer months when visa demand is high. More information regarding the interview waiver process 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. State Department has provided border crossing information to U.S. citizens who are trying to leave Sudan.
Additional Information: As of April 22, the U.S. Embassy in Khartoum, Sudan, is no longer offering routine or emergency consular services. The State Department suspended such services until further notice. The situation is “violent, volatile and extremely unpredictable, particularly in the capital city Khartoum,” the Department stated.
BAL Analysis: Companies with employees in the country are encouraged to follow State Department information and warnings closely. Wait times at crossing points could vary widely and change quickly. BAL will continue to monitor developments regarding the security situation in Sudan and will provide more information as it becomes available.
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. State Department has suspended operations and evacuated all U.S. employees and their family members from the U.S. Embassy in Khartoum, Sudan.
Additional Information: The State Department reissued a “do not travel” warning for Sudan because of ongoing armed conflict throughout the country, including heavy fighting between various political and security groups. The situation is “violent, volatile and extremely unpredictable, particularly in the capital city Khartoum,” the Department stated.
As of April 22, the State Department has not designated another U.S. Embassy for processing immigrant visa applications for those living in Sudan. Generally, nonimmigrant (temporary) visa applicants from Sudan can apply at any U.S. embassy or consulate where they are physically present and can obtain an appointment. More information regarding the State Department’s announcement is available here.
BAL Analysis: Companies with employees in the country are encouraged to follow State Department information and warnings closely. BAL will continue to monitor developments regarding the security situation in Sudan and will provide more information as it becomes available.
Immigration and business organizations continue to voice their concerns about U.S. Citizenship and Immigration Services’ proposal to dramatically increase filing fees and urge the agency to improve services.
In January, USCIS published a proposed rule that would raise fees for immigration benefit requests by a weighted average of 40% — and more for most high-skilled classifications. In a joint comment submitted last month, the American Immigration Lawyers Association and the American Immigration Council objected to the proposal, saying that USCIS is failing to fulfill its promises to stakeholders.
“We believe any request to increase fees for these unkept promises must incorporate significant process improvements and specific implementation timelines that fundamentally change the existing paradigm of slow and inefficient service,” the comment said.
USCIS has said the increased fees would allow the agency “to more fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs.”
The agency accepted comments on the proposed rule through March 13. After a delay in publishing some of the comments, the government’s rulemaking portal now shows USCIS received nearly 8,000 comments on the proposed fee hikes. Comments are available for public review here.
Groups such as Business Roundtable, Compete America, the Worldwide Employee Relocation Council (WERC) and the Society for Human Resource Management (SHRM) say they understand that, as a fee-funded agency, USCIS must adjust fees from time to time. They say, however, USCIS must be clearer about how it is calculating the proposed fees and should take additional steps to improve services.
Among the more common critiques:
Opposition to the current proposal has come from throughout the business and immigration communities, including from humanitarian groups and organizations representing farmers, artists, athletes and colleges and universities.
The Presidents’ Alliance on Higher Education and Immigration said that even small fee increases can have a significant negative impact on international students, refugees, Deferred Action for Childhood Arrivals (DACA) recipients or anyone seeking to apply for naturalization. The organization called on Congress to “provide sufficient funding through annual appropriations, rather than saddling applicants seeking unrelated benefits with the responsibility of funding USCIS.”
BAL Analysis: USCIS has not raised fees since 2016, and employers and business and immigration organizations understand that fees do have to be adjusted. Stakeholders have continued to express concern, however, about the amount of the proposed increases, the $600 Asylum Program Fee surcharge and the extent to which agency services will improve with additional funding. The proposal would impose significant costs on employers; however, USCIS may make adjustments to its proposal. USCIS has also noted that fee amounts could change if Congress appropriates additional funding to the agency.
USCIS is now in the process of reviewing the nearly 8,000 comments it received, and the agency must consider them in formulating a final rule. Higher fees will not take effect for at least several months, and the possibility of litigation means implementation could be delayed even further. BAL will provide updates as information becomes available. In the meantime, companies can use BAL’s fee calculator to estimate the impact of the proposed fees on their programs.
U.S. Citizenship and Immigration Services extended the temporary suspension of the biometrics submission requirement for certain Form I-539 applicants.
Additional Information: USCIS stated that it plans to establish a permanent biometrics exemption for all Form I-539 applicants in the coming months. More information regarding this plan is available in the USCIS Fiscal Year 2022 Progress Report.
The White House announced a plan last week to extend Medicaid and Affordable Care Act healthcare coverage to Deferred Action for Childhood Arrival recipients.
Background: The Biden administration published a regulation to “preserve and fortify” DACA in August. The Fifth Circuit Court of Appeals is weighing the legality of the regulation after it ruled in October that the Obama administration did not follow proper procedures in creating DACA in 2012.
Currently, the Department of Homeland Security continues to adjudicate renewal applications (both DACA and employment authorization) and advance parole requests for existing DACA recipients; the agency remains prohibited from granting initial DACA requests and accompanying requests for employment authorization. Given the uncertainty around the litigation, individuals who are eligible to renew their DACA and related employment authorization are urged to do so as soon as possible.
BAL will continue to monitor the ongoing litigation and will provide updates on important developments related to DACA. For more information, visit BAL’s DACA Resource Center here.
U.S. Citizenship and Immigration Services announced that in May it will follow the State Department’s Final Action Dates chart, as published in the May Visa Bulletin, to determine whether applicants are eligible to file for adjustment of status.
Final Action Dates: Key Movements
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
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 released the May Visa Bulletin, showing advancement for China EB-3 and no movement for other China and India categories under Final Action Dates and Dates for Filing. All other countries under EB-3 will no longer be current under Final Action Dates and Dates for Filing, and all other countries under EB-2 will retrogress under Final Action Dates.
Dates for Filing: Key Movements
Dates for Filing for Employment-Based Preference Cases:
Additional Information: U.S. Citizenship and Immigration Services has not yet announced whether it will use the Final Action Dates or Dates for Filing chart in May. BAL will update clients once USCIS announces which chart will be used.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of March 31, the department was adjudicating applications filed in July and earlier, conducting audit reviews on applications filed in April and earlier, and reviewing appeals for reconsideration filed in July and earlier.
PWD Processing: As of March 31, the National Prevailing Wage Center was processing PWD requests filed in January 2022 and earlier for H-1B OES and PERM OES cases, February 2022 and earlier for H-1B non-OES cases, and January 2022 and earlier for PERM non-OES cases. Redeterminations were being considered on appeals filed July and earlier for H-1B cases, and June and earlier for PERM cases.
BAL Analysis: BAL’s internal case tracking is mostly consistent with the Labor Department’s published processing times. BAL is seeing faster PWD issuances for PERM OES and non-OES cases. BAL is seeing approvals for PERM applications filed in July and earlier, and is starting to see PWDs for requests filed in January and earlier for H-1B OES cases, February and earlier for H-1B non-OES cases, and October and earlier for PERM OES and non-OES cases.
The U.S. State Department has waived and modified Exchange Visitor Program regulations for some Ukrainian students on J-1 visas.
Additional Information: Special Student Relief with respect to program status and employment for J-1 Ukrainian students does not apply to Federal Work-Study jobs. The waived and modified regulations will remain in effect until at least Oct. 23, 2023, unless the U.S. government ends the arrangement early or both the U.S. and Ukrainian governments extend its end date. The full Federal Register notice is available here.
BAL Analysis: The temporary changes of the Exchange Visitor Program regulations only address conditions that eligible Ukrainian exchange visitors must meet to be in status and comply with Exchange Visitor Program eligibility requirements. The State Department modified the requirements so that it can extend Special Student Relief to eligible Ukrainian J-1 students in the U.S. to mitigate the impact of Russia’s invasions of Ukraine has on them.