President Joe Biden announced a new program Thursday to allow nationals of Cuba, Haiti and Nicaragua to travel by air to the United States and apply for work authorization.

Biden announced the program in conjunction with a package of border enforcement plans. The Department of Homeland Security said it is based on similar programs for Venezuelans and Ukrainians launched last year.

Key Points:

  • Beginning today, up to 30,000 Cuban, Haitian, Nicaraguan and Venezuelan nationals per month will be admitted to the United States via parole for up to two years and will be eligible for work authorization.
  • Applicants will be considered on a case-by-case basis at the discretion of immigration officers and must pass national security and public safety screenings, have a supporter in the United States, complete vaccinations and fulfill other public health requirements.
  • Individuals who enter the United States, Mexico or Panama without authorization will generally be ineligible.
  • U.S.-based individuals and organizations seeking to become supporters must declare their ability to provide financial support and pass background checks. Individuals and organizational representatives can apply to support eligible individuals via  https://www.uscis.gov/CHNV.

Additional Information: DHS said the forthcoming border measures were designed to “limit irregular migration” and create “safe and orderly processes for people fleeing humanitarian crises” to come to the United States. The agency urged individuals to apply for travel authorization online and said they should not approach the U.S.-Mexico border to apply. More information is available on USCIS’ Processes for Cubans, Haitians, Nicaraguans, and Venezuelans page.

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. Embassy in Havana recently resumed all visa services for immigrant visa categories.

Key Points:

  • On Jan. 4, the U.S. Embassy in Havana resumed all immigrant visa services. This includes processing for immediate relative, family preference, diversity visa and K fiancé(e) visa categories.
  • Immigrant visa applicants whose appointments were originally scheduled at the U.S. Embassy in Georgetown, Guyana, will complete processing in Georgetown.
  • Diversity visa selectees are reminded that the U.S. Embassy in Havana is not an option for picking an interview location. Selectees should choose Georgetown for their interview location, and their cases will automatically be reassigned to Havana, unless they were already scheduled at Georgetown.
  • The U.S. Embassy in Havana’s consular section will continue to provide essential American Citizens Services and limited emergency nonimmigrant visa processing.

Additional Information: More information is available on the U.S. Embassy in Havana’s website.

BAL Analysis: The U.S. Embassy in Havana’s resumption of full immigrant visa services for Cuban nationals is welcome news, as many of these services have been suspended since 2017 amid a series of unexplained health incidents termed “Havana Syndrome.” The State Department said resumption is part of the broader expansion of the Embassy’s functions “to ensure safe, legal and orderly” immigration options for Cuban nationals. 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.

The United States’ new COVID-19 testing requirement on air travel from China took effect today at 12:01 a.m. ET.

Key Points:

  • Air passengers 2 years or older are now required to provide their airline with proof of a negative COVID-19 test if they are:
    • Traveling directly to the United States from mainland China, Hong Kong or Macao.
    • Transiting through Incheon International Airport, Toronto Pearson International Airport or Vancouver International Airport to the United States if they were in China in the last 10 days.
  • The requirement will apply regardless of nationality or vaccination status. It will remain in effect until further notice.
  • Passengers who tested positive more than 10 days before air travel may provide documentation of recovery from COVID-19 instead of a negative test.
  • Airlines will be required to confirm negative COVID-19 test results or proof of recovery before passengers board.

Additional Information: The Centers for Disease Control and Prevention announced the new requirement last week. Detailed CDC guidance is available here. BAL will provide updated 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.

The Department of Homeland Security recently extended its COVID-19 vaccination requirement for nonimmigrant foreign national air travelers until at least April 10, 2023.

Key Points: 

  • Until at least April 10, 2023, nonimmigrant foreign national air travelers flying to the United States must provide proof that they are either fully vaccinated against COVID-19 or qualify for an exception. All nonimmigrant foreign national air travelers must also complete a COVID-19 attestation before boarding their flight.
  • The United States will continue to accept electronic or hard-copy proof of vaccination, as detailed here. Travelers should check with their airline about whether an English-language version of the proof of vaccination is required.
    • The Centers for Disease Control and Prevention had previously confirmed that for purposes of entering the country, the United States would accept COVID-19 vaccines that are approved or authorized by the U.S. Food and Drug Administration or listed for emergency use by the World Health Organization. The full list is available here. In general, travelers are considered “fully vaccinated” two weeks after a single-dose vaccine or two weeks after their second dose of a two-dose vaccine or a “mix-and-match” combination of accepted vaccines.
  • Travelers from countries with limited vaccine availability designated by the CDC will be eligible for an exception from the vaccination requirement, though not for B-visa travel. There are also exceptions for children under the age of 18, humanitarian or emergency cases, individuals with medical contraindications, air crew, noncitizens whose entry is deemed in the national interest and a limited number of other cases. The full list of exceptions is available here.
    • Unvaccinated nonimmigrant foreign nationals traveling on the basis of an exception will generally be subject to additional health protocols, including (1) providing a negative COVID-19 test taken within one day before boarding a flight to the United States and (2) providing proof of arrangements to become fully vaccinated within 60 days of arriving in the United States.

BAL Analysis: DHS said it extended the vaccination requirement for nonimmigrant foreign national air travelers to help protect the health and safety of U.S. communities, border personnel and other travelers. Employers and employees should continue to consult their BAL professional before planning international travel.

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 Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing: As of Dec. 31, the department was adjudicating applications filed in April and earlier, conducting audit reviews on applications filed in January and earlier, and reviewing appeals for reconsideration filed in June and earlier.

The average number of days to process PERM applications was about the same in November and December.

Determinations: November 2022 December 2022
Adjudication 249 days 255 days
Audit Review 368 days 356 days

PWD Processing: As of Dec. 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 cases and May and earlier for PERM cases. Center Director Reviews were being conducted in November are earlier for PERM cases

BAL Analysis: BAL’s internal case tracking mostly consistent with the Labor Department’s published processing times. BAL is seeing slightly faster PWD issuances for PERM OES and non-OES cases. BAL is seeing approvals for PERM applications filed in March 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 June and earlier for PERM OES and non-OES cases.

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 released a proposal Tuesday to increase fees for immigration benefit requests, including all high-skilled classifications.

Key Points:

  • The proposal would increase fees by an overall weighted average of 40 percent.
  • The proposal includes separate fees for different Form I-129 categories (see table below). USCIS is not proposing to split the Form I-129 into separate forms at this time but may do so in the future.
  • The proposal would change how USCIS calculates premium processing times to use business days rather than calendar days.
  • USCIS will publish the proposal in the Federal Register tomorrow, Jan. 4. Once it is published, USCIS will accept comments from the public for a 60-day period.
  • The agency will then review the comments before formulating a final rule. Because the proposal is a “major rule,” USCIS must submit a report to Congress regarding the final rule and will not be able to implement it until at least 60 days after that.

Additional Information: USCIS has not increased fees since 2016. The Trump administration issued a regulation to increase fees in 2020 but was blocked in court from implementing it. USCIS has stated it needs additional funding to continue to work through backlogs, restore reasonable processing times and prevent future backlogs.

USCIS will hold a virtual public listening session during which the public may speak directly on the questions raised in the proposed rule. This session will be held at 2 p.m. ET on Wednesday, Jan. 11. An FAQ on the proposed fee increases is available here.

Separately, the State Department submitted a final rule to increase nonimmigrant and special visa application processing fees for review last week to the White House Office of Management and Budget. The text of the rule is not available, but OMB review is the last step in the rulemaking process before it can be published. The State Department has said the increases will help “ensure that the fees for providing these consular services better align with the costs of providing the services.”

BAL Analysis: The proposed USCIS fee increases would impose significant costs on employers. However, the agency may make changes to its proposal, and the higher fees will not take effect for several months. The increased State Department fees will also increase costs for employers; the exact amount of the fee increases is not known at this time. BAL will continue following the proposal and will provide updates as information becomes available. BAL will be hosting a webinar on the USCIS fee increases and their impact on employer’s immigration programs in the context of talent acquisition priorities. More information on the webinar will be available here in the coming days.

Proposed USCIS Fee Increases in Key Categories*
Form Description Current Fee (2016) Proposed Fee (2022) Proposed Change ($) Proposed Change (%)
Asylum Program Fee N/A $600 N/A N/A
H-1B Pre-Registration Fee $10 $215 $205 2050%
I-129 Petition for Nonimmigrant Worker — H-1 $460 $780 $320 70%
I-129 H-2A Petition — Named Beneficiaries $460 $1,090 $630 137%
I-129 H-2B Petition — Named Beneficiaries $460 $1,080 $620 135%
I-129 Petition for L Nonimmigrant Worker $460 $1,385 $925 201%
I-129 Petition for O Nonimmigrant Worker $460 $1,055 $595 129%
I-129 Application for Nonimmigrant Worker: E and TN Classifications $460 $1,015 $555 121%
I-129 Petition for Nonimmigrant Worker: H-3, P, Q or R Classification $460 $1,015 $555 121%
I-130 Petition for Alien Relative — Online $535 $710 $175 33%
I-140 Immigrant Petition for Alien Worker $700 $715 $15 2%
I-485 Application to Register Permanent Residence or Adjust Status $1,140 $1,540 $400 35%
I-765 Application for Employment Authorization — Online $410 $555 $145 35%
N-400 Application for Naturalization — Online or Paper $640 $760 $120 19%
N-600 Application for Certificate of Citizenship — Online or Paper $1,170 $1,385 $215 18%

*For a full list of the proposed USCIS fee increases, see page 18 of the proposed rule.

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 Department of Homeland Security announced Friday that it would extend and redesignate Yemen for Temporary Protected Status.

Key Points:

  • The TPS extension means currently eligible Yemeni TPS beneficiaries can retain TPS through Sept. 3, 2024, provided they continue to meet eligibility requirements.
  • The redesignation means Yemeni nationals who have resided in the United States as of Dec. 29, 2022, will be newly eligible for TPS.
  • DHS will publish a Federal Register Notice next week, outlining eligibility criteria, timelines and the steps required for current beneficiaries to re-register for TPS and renew employment authorizations as well as for new applicants to register for TPS and apply for related employment authorizations.

BAL Analysis: In its announcement Friday, DHS said “deteriorating humanitarian conditions, large-scale public health crises, and protracted internal conflict” continue to “prevent Yemeni nationals and habitual residents from safely returning.” More information is available on the U.S. Citizenship and Immigration Services’ TPS website.

This alert has been provided by BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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 Centers for Disease Control and Prevention (CDC) announced Wednesday that it would implement a new COVID-19 testing requirement on air travel from China.

Key Points:

  • Beginning Jan. 5 at 12:01 a.m. ET, air passengers 2 years or older will be required to provide their airline with proof of a negative COVID-19 test if they are:
    • Traveling directly to the U.S. from Mainland China, Hong Kong or Macau; or
    • Transiting through Incheon International Airport, Toronto Pearson International Airport or Vancouver International Airport to the U.S. if they were in China in the last 10 days.
  • The requirement will apply regardless of nationality or vaccination status. It will remain in effect until further notice.
  • Passengers who tested positive more than 10 days before air travel may provide documentation of recovery from COVID-19 instead of a negative test.
  • Airlines will be required to confirm the negative COVID-19 test result or proof of recovery before passengers board.

Additional Information: The CDC said it was implementing the testing measure “to slow the spread of COVID-19 in the United States during the surge in COVID-19 cases” in China, citing a “lack of adequate and transparent epidemiological and viral genomic sequence data” from the country. More COVID-related information on international travel to and from the U.S. is available here.

This alert has been provided by BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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 extended a policy that grants consular officers the authority to waive in-person interviews for certain temporary employment and academic-based nonimmigrant visa applicants and for any nonimmigrant visa applicants renewing a visa that has expired within the last 48 months.

Key Points:

  • Between now and Dec. 31, 2023, consular officers have the authority to waive the in-person interview requirement for the following nonimmigrant visa applicants:
    • Individual petition-based temporary workers applying for H-1, H-3, H-4, L, O, P and Q visas.
    • Certain temporary agricultural and nonagricultural workers applying for H-2 visas.
    • Students, professors, research scholars, short-term scholars and specialists (F, M and academic J visa applicants).
    • Any nonimmigrant renewing a visa in the same visa classification within 48 months of expiration.
  • To be eligible for the interview waiver, H-1, H-3, H-4, L, O, P, Q, F, M or academic J visa applicants must:
    • Be applying for a visa in their country of nationality or residence; and
    • Have previously been issued any visa type; never been refused a visa unless the refusal was overcome or waived; and have no apparent or potential ineligibility; or
    • Be a first-time H-1, H-3, H-4, L, O, P, Q, F, M or academic J visa applicant who is a citizen or national of a Visa Waiver Program country; have previously traveled to the U.S. using an authorization obtained via the Electronic System for Travel Authorization; and have no apparent or potential ineligibility.
  • To be eligible for interview waiver, H-2 applicants must be applying for a visa in their country of nationality or residence.
  • Applicants renewing a nonimmigrant visa within 48 months of expiration are eligible for an interview waiver until further notice. Such applicants must generally apply in the consular district of their normal residence.

Additional Information: The State Department continues to advise applicants to check the website of the relevant U.S. embassy or consulate to confirm which services are being offered and to find more information for applying for a visa without an interview.

BAL Analysis: The State Department first introduced the interview waiver policy expansion in March 2021 in response to the COVID-19 pandemic. The policy was extended in December 2021. While the extension of the interview waiver authorities through 2023 benefits some applicants, consular officers may still require an in-person interview on a case-by-case basis. At this time, visa services at many U.S. embassies and consulates are limited due to closures during the COVID-19 pandemic. BAL continues to monitor the administration’s response to the pandemic and 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 © 2022 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.