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The Department of Homeland Security announced Wednesday that it would extend the public comment period for its proposal to raise U.S. Citizenship and Immigration Services fees.
Key Points:
Background: In January, USCIS announced a proposal to raise fees for immigration benefit requests by a weighted average of 40 percent — and more for most high-skilled classifications. In addition, a new Asylum Program Fee surcharge of $600 would be imposed on key employment-based filings to pay for humanitarian programs. The proposal would impose significant costs on employers; however, the agency may make changes to its proposal. Higher fees will not be finalized or take effect for at least several months. 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.
U.S. Citizenship and Immigration Services has begun allowing prospective H-1B petitioners to create new and access previously existing myUSCIS registrant accounts ahead of the upcoming H-1B registration period.
Additional Information: USCIS will host a webinar on H-1B registration Thursday, Feb. 23, from 2-3 p.m. ET. More information is available here. BAL clients may access more information on the USCIS Registration process on BAL’s Advisor immigration knowledge portal.
U.S. Citizenship and Immigration Services recently provided guidance to clarify the validity period of employment authorization under Special Student Relief.
Additional Information: Countries and regions with current SSR provisions include: Afghanistan, Cameroon, Ethiopia, Haiti, Hong Kong, Myanmar (Burma), Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela and Yemen.
BAL Analysis: USCIS provides SSR when circumstance such as financial crises, natural disasters and military conflicts occur. F-1 nonimmigrant students from eligible countries are reminded that they may qualify for off-campus work authorization in cases of severe economic hardship due to emergent circumstances.
This alert has been provided by 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. Court of Appeals for the Ninth Circuit this month agreed to rehear a case that implicates Temporary Protected Status designations of six countries.
Additional Information: The decision to rehear the case has no immediate impact on TPS beneficiaries. In November 2022, the Department of Homeland Security announced the extension of TPS designations for the six countries through June 30, 2024.
A final rule that would adjust U.S. State Department consular fees has cleared White House review.
Additional Information: The State Department says the increases will help ensure that “fees for providing these consular services better align with the costs of providing the services.” The consular fee increases are expected to be less dramatic than the proposed U.S. Citizenship and Immigration Services fee hikes. BAL will continue following the rule through the regulatory process and will provide updated information as it becomes available.
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.
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).
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.