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The U.S. State Department has authorized the voluntary departure of nonemergency employees and family members from the U.S. Embassy in Abuja, Nigeria.
Key Points:
Additional Information: U.S. citizens should review the State Department’s Nigeria travel advisory webpage for more information.
BAL Analysis: Companies with employees in Nigeria are encouraged to follow State Department information and warnings closely. Applicants with visa appointments at the U.S. Embassy in Abuja may experience delays or cancelations. Applicants with visa appointments at the U.S. Consulate in Lagos are encouraged to monitor email and text messages for information on scheduled appointments and/or passport pickups. BAL will continue to monitor developments regarding the increased security risks in Nigeria and will provide more 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 © 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 has launched a pilot program for qualifying U.S. citizens to renew their passports online.
U.S. citizens can renew their passports online through their MyTravelGov account if:
Additional Information: Individuals who are ineligible to renew their passport online may renew it by mail or in person. More information regarding the online passport renewal process is available here.
BAL Analysis: Qualifying U.S. citizens will benefit from the online passport renewal program by not having to renew their passports by mail or in person. 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.
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.
H-1B cap season is just around the corner. And while next year’s economic outlook is uncertain, employers should expect demand for high-skilled workers to remain elevated.
Employers are encouraged to begin H-1B planning now and should anticipate heavy competition for job candidates, many of whom will have multiple employment offers. The number of registrations regularly eclipses the number of cap-subject H-1B visas available, both for bachelor’s and advanced degree holders. Next year will almost surely be no exception.
Additional Information: USCIS received a record 483,927 H-1B registrations last cap season and selected 127,600 registrants to submit H-1B petitions. Because USCIS selected more registrations than it had in the previous two years, it did not run a second lottery following the initial filing period.
The U.S. Department of Homeland Security has said it will propose a rule to “modernize” certain H-1B requirements and oversight; however, the most recent regulatory agenda indicated that the agency is targeting May 2023 to publish a proposed regulation. Since the regulatory process typically takes several months, any changes are not expected to affect the FY 2024 cap season.
BAL Analysis: Demand for H-1B visas will likely be high again this cap season, and employers should expect candidates to have multiple job offers. 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 host a webinar on Wednesday, Oct. 26, titled “H-1B Planning: Current Trends and What to Expect This Cap Season.” More information is available here.
The Department of Homeland Security (DHS) on Friday announced an 18-month designation of Temporary Protected Status (TPS) for Ethiopia.
Additional Information: The decision to add Ethiopia under TPS was made due to conflict-related violence and a humanitarian crisis involving severe food shortages, flooding, drought and displacements, DHS said. BAL will provide additional information as it becomes available.
This alert has been provided by BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
A coalition of companies representing every major U.S. economic sector urged Congress on Thursday to protect Dreamers, saying the Deferred Action for Childhood Arrivals (DACA) program has been crucial to the health of the economy.
In a letter to Democratic and Republican leaders in the U.S. House of Representatives and Senate, the Coalition for the American Dream said the likelihood of an additional adverse court ruling makes legislation to protect Dreamers imperative.
“Collectively, we represent the backbone of an American economy facing tremendous workforce challenges as a result of the pandemic,” the Coalition’s letter said. “We face another crisis if Congress fails to act on an issue that has strong bipartisan support from the American people.”
The letter was signed by more than 80 companies and business organizations, including BAL. It was published in advertisements in The Wall Street Journal, The Dallas Morning News and The Charlotte Observer.
Earlier this month, the U.S. Court of Appeals for the Fifth Circuit held that the 2012 memorandum that created DACA was unlawful. It also asked a lower court to consider the legality of the Biden administration regulation, which was designed to codify and protect DACA.
The court left in place an injunction that allows the government to adjudicate renewal applications for both DACA and DACA-related work authorization but not first-time applications. This injunction will remain in place pending a further ruling from the court.
“The 5th Circuit Court’s ruling makes it clear that Congress cannot afford to ignore this issue any longer,” the Coalition’s letter said. “Bipartisan measures have already been introduced in the U.S. House and Senate. We urge you to swiftly pass legislation this year that will help Dreamers, American businesses, and our country.”
BAL Analysis: The Biden administration and immigration advocates alike have stressed that the only permanent solution to protect Dreamers is congressional action. Because of the uncertainty surrounding the litigation, individuals who are eligible for renewals of DACA or DACA-related employment authorization are encouraged to submit applications as soon as possible. BAL will continue to monitor the ongoing litigation and provide updates on important developments. For more information, visit our DACA Resource Center here.
Leading business and immigration organizations, including BAL, have issued comments urging the Department of Homeland Security (DHS) to allow employers to complete employment eligibility verification remotely.
The comments came in response to a proposed rule published in August that would allow DHS to provide optional alternatives to physical document examination in some scenarios in the Form I-9 process. Under temporary guidance, DHS has allowed employers operating remotely because of the COVID-19 pandemic to conduct verification of employee documents virtually, e.g., by using fax, email or video link.
“DHS’s implementation of flexible policies during the COVID-19 pandemic has demonstrated that employers can maintain compliant programs and verify the work authorization of their employees in a remote setting,” BAL said in its comment. “Employers have overhauled their office and remote work arrangements, and we encourage DHS to take this opportunity to develop processes that take these changes into account.”
DHS recently extended the temporary flexibilities through July 31, 2023.
The Business Roundtable, Compete America and the American Immigration Lawyers Association (AILA), among other organizations, joined BAL in calling for DHS to finalize the proposed rule and make remote document review available permanently.
“Our members’ companies and their employees have benefited significantly from the temporary ‘virtual’ policy,” the Business Roundtable said. “We encourage DHS to finalize this regulation without delay to formalize its authority to allow alternatives to in-person document review. Once the final regulation is in place, we urge the agency to move quickly to make fully remote verification a permanent option for employers.”
BAL Analysis: The business community has consistently shown strong support for making remote verification a permanent option. The proposed rule drew more than 500 comments, which DHS will now review before crafting a final rule. BAL will continue following the proposal through the regulatory process and will provide updates as information becomes available.
The Department of Homeland Security (DHS) announced last week that it would nearly double the number of H-2B visas available this fiscal year.
Additional Information: The H-2B program allows employers to hire foreign nationals to perform nonagricultural seasonal or temporary work in the U.S. DHS makes 66,000 H-2B visas available annually for workers in jobs that are subject to the H-2B cap. Half of these visas are available in the first half of the fiscal year, beginning Oct. 1, and half are available in the second half, beginning April 1. In some years, DHS makes additional visas available.
In announcing the supplemental allotment for FY 2023, DHS said that by making the additional visas available at the outset of FY 2023, it is “acting swiftly to address employers’ needs for additional seasonal workers.” The agency also said the additional allotment would reduce irregular migration. BAL will continue following H-2B program developments and will provide updates as information becomes available.
A federal judge in Texas confirmed Friday that an injunction that prevents the government from adjudicating first-time requests for Deferred Action for Childhood Arrivals (DACA) would apply to a new regulation that the Biden administration published in August.
Background: In July 2021, District Court Judge Andrew Hanen ruled that DHS did not follow proper procedures when it created DACA in 2012. Last week, the Fifth Circuit Court of Appeals upheld Judge Hanen’s ruling but also sent the case back to his court to consider the legality of the new DACA regulation, which the Biden administration drafted to “preserve and fortify” the program. The Fifth Circuit left in place a partial stay that allows DHS to adjudicate renewals but enjoins the agency from adjudicating first-time requests.
After meeting with the parties, Judge Andrew Hanen issued a brief order Friday confirming the injunction would apply to not only the 2012 memorandum that created DACA but also the 2022 regulation. This means the status quo will remain unchanged pending a further ruling from the court.
BAL Analysis: Today’s order does not change the status quo for current DACA beneficiaries. Given the uncertainty around the litigation, eligible individuals are urged to renew their DACA and related employment authorization as soon as possible. BAL will continue to monitor the ongoing litigation and provide updates on important developments related to DACA. For more information, visit our DACA Resource Center here.
The U.S. Department of Homeland Security (DHS) has announced a new process to allow up to 24,000 qualifying Venezuelans to safely travel to the U.S. via parole.
BAL Analysis: DHS introduced the new entry process for Venezuelan nationals to reduce the number of people arriving at the U.S.’s southwest border and create a safer process for those fleeing the humanitarian and economic crisis in Venezuela. DHS described this process as “derived from the success of the Uniting for Ukraine (U4U) program.”
U.S. Customs and Border Protection (CBP) has imposed arrival restrictions on those who have recently been in Uganda.
Additional Information: The restrictions were imposed of a recent outbreak of Ebola in Uganda. No cases have been reported in the U.S. More information regarding the Ebola outbreak is available on the U.S. Embassy in Uganda’s website and the Centers for Disease Control and Prevention (CDC) website.
BAL Analysis: Travelers of all nationalities who have been in Uganda within 21 days of intended arrival in the U.S. should expect delays when entering the country.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.