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The U.S. State Department recently published a table on estimated visa appointment wait times for specific case types at posts around the world, allowing applicants to see wait times globally in one place.
Key Points:
BAL Analysis: While processing times continue to improve, appointment and processing delays should be expected at U.S. embassies and consulates around the world. Service levels vary from post to post and wait times online may not be reflective of actual wait times. Expedited services may be available in some cases involving business, medical or humanitarian travel; however, the availability of these services has varied from post to post.
BAL will continue to monitor efforts to address processing delays and will provide more information as it becomes available. 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 © 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. Department of Labor’s Office of Foreign Labor Certification recently provided reminders for those filing H-2B applications during the 2023 peak filing season.
Additional Information: Additional information for preparing and submitting H-2B applications using the Foreign Labor Application Gateway System is available here. Information regarding the process for filing H-2B applications requesting a start date of April 1, 2023, or later is available in this presentation.
Employers are reminded that they should file only one application for the same job opportunity. The OFLC will only review and process the application that was filed first, according to its timestamp. If the OFLC identifies multiple applications that have been filed for the same job opportunity, the OFLC will consider the first application filed. Information on requesting a correction or amendment of an H-2B application before issuance of a final determination is available in this FAQ.
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.
A federal judge has agreed to a briefing schedule that sets the court up to rule next year on the legality of the Biden administration’s Deferred Action for Childhood Arrivals regulation.
BAL Analysis: 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 January it will follow the State Department’s Dates for Filing chart, as published in the January Visa Bulletin, to determine whether applicants are eligible to file for adjustment of status.
Dates for Filing: Key Movements
EB-2
EB-3
Dates for Filing for Employment-Based Preference Cases:
Additional Information: Family-based applicants may use the Dates for Filing chart next month, according to the USCIS announcement. More information is available here.
The State Department released the January Visa Bulletin Monday, showing employment-based priority-date cutoffs will no longer be current for China EB-1 and India EB-1. In other key categories, priority-date cutoffs will remain the same.
Final Action Dates: Key Movements
EB-1
Final Action Dates 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 January. BAL will provide updated information once USCIS announces which chart it will use.
The U.S. State Department recently reduced nonemergency consular operations at various consular posts in China, citing “operational impacts caused by the surge of COVID-19 infections” across the country.
Additional Information: Chinese authorities continue to update COVID-19 prevention and health control measures as the outbreak spreads. These measures may include residential quarantines, mass testing, closures, transportation disruptions, lockdowns and possible family separation. Individuals with questions regarding other parts of China should contact the Embassy or Consulate General of the district to which they are traveling.
BAL Analysis: U.S. citizens should expect possible delays at U.S. posts in China at this time. Companies with employees in China are encouraged to follow State Department information and warnings closely. U.S.-based employers and employees should continue to consult their BAL professional before planning international travel.
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 Department of Homeland Security (DHS) and the Department of Labor (DOL) will issue a temporary final rule this week making additional H-2B temporary nonagricultural worker visas available for fiscal year 2023.
Additional Information: The temporary final rule features several provisions to protect both U.S. and H-2B workers, including both Departments participating in the H-2B Worker Protection Taskforce, announced in October, to address labor law issues more broadly. More information regarding the available of H-2B visas for fiscal year 2023 is available here.
This is the first time DHS and DOL have issued a single rule making available H-2B supplemental visas for several allocations throughout the entire fiscal year, including an allocation for the late second half. BAL will continue following H-2B program developments and will provide updates as information 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 Nov. 30, the department was adjudicating applications filed in March and earlier, conducting audit reviews on applications filed in January and earlier, and reviewing appeals for reconsideration filed in May and earlier.
Average PERM processing times:
PWD Processing: As of Nov. 30, 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 December 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.
U.S. Citizenship and Immigration Services announced Friday that it would automatically extend the validity of Permanent Resident Cards (Green Cards) for lawful permanent residents who have applied for naturalization.
Background: Up until now, naturalization applicants who filed for naturalization within six months of their Green Card expiration had to file Form I-90 to maintain their lawful status. Applicants who filed for naturalization more than six months before their Green Card expiration were given an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of lawful permanent residence. USCIS said the updated policy “recognizes USCIS’ current processing times, while improving flexibility and efficiency” by reducing the number of Form I-90 applications and ADIT stamp appointments.