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The State Department is preparing to launch a pilot program that would allow some nonimmigrant visa holders to renew their visas domestically rather than at visa-processing posts abroad, according to a Bloomberg Law article published Thursday.
Key Points:
Background: Domestic visa renewals have not been available since 2004. The State Department indicated last year that it was considering implementing domestic renewals again, but provided few details. Stufft told Bloomberg Law that part of the challenge is establishing a new consular division in Washington, DC, which she called “not a small endeavor.”
BAL Analysis: While domestic visa renewals would significantly ease the renewal process and help reduce backlogs, details about the program’s implementation are not available at this point. BAL will continue following the matter and will provide 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.
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The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of Jan. 31, the department was adjudicating applications filed in May and earlier, conducting audit reviews on applications filed in March and earlier, and reviewing appeals for reconsideration filed in June and earlier.
PERM processing times were about the same from Nov. 30 to Jan. 31.
PWD Processing: As of Jan. 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 and PERM cases.
U.S. Labor Secretary Marty Walsh is poised to leave the Biden administration, according to reports in several media outlets.
Additional Information: Walsh was sworn in as Secretary of Labor on March 23, 2021, and is reportedly leaving to run the National Hockey League Players’ Association. He is the first Cabinet-level official to depart the Biden administration. The White House has not yet issued an official statement or provided a timetable for nominating a permanent replacement.
IMPACT — MEDIUM
The U.S. and Irish governments have agreed to extend a working holiday visa program.
Additional Information: U.S. Ambassador to Ireland Claire Cronin said working holiday visa opportunities “have enriched and strengthened the ties and shared values that bind the U.S and Ireland.” TIrish Minister of State for European Affairs and Defence Peter Burke said the program “offers an unrivalled opportunity to current students and recent graduates to experience a way of life on the other side of the Atlantic.” More information is available here.
This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
The U.S. Court of Appeals for the D.C. Circuit has declined to reconsider an October ruling upholding the legality of Optional Practical Training programs.
Background: OPT allows F-1 students who graduate from a U.S. university to work for 12 months in their field of study and for an additional 24 months if they have a degree in science, technology, engineering or math. The litigation challenging OPT dates back to 2014. Business organizations have shown strong support for OPT, with 60 U.S. companies and trade organizations signing a friend-of-the-court brief urging the D.C. Circuit to protect OPT and saying the program helps employers fill “persistent vacancies” in STEM positions.
BAL Analysis: The D.C. Circuit’s decision not to rehear the OPT appeal is a welcome development, but WashTech may pursue further judicial review. BAL will continue to follow the litigation and will provide updates on important developments.
The Chinese government recently reopened its visa offices in Los Angeles, New York and Washington D.C. and plans to reopen its visa offices in Chicago and San Francisco on Feb. 3.
Additional Information: Multiyear multiple-entry visas issued before March 26, 2020, as well as tourism and medical visas are currently suspended and cannot be used. More information on the reopening of visa offices is available on the Chinese embassy or consulates’ webpages for Chicago, Los Angeles, New York, San Francisco and Washington D.C.
BAL Analysis: Those planning travel to China should review the instructions posted on the Chinese embassy or consulates’ websites to avoid complications or delays.
U.S. Customs and Border Protection and the Canada Border Services Agency announced a new interview option to increase enrollment capacity for NEXUS, a binational program that expedites preapproved travelers’ transit between the two countries.
Background: The NEXUS program allows both countries to focus their screening efforts on unknown and potentially higher-risk travelers and goods. CBP and CBSA have completed more than 200,000 NEXUS enrollments since Oct. 1, 2022, and reduced the net inventory of applicants by approximately 100,000 from its peak in summer 2022.
BAL Analysis: The announcement of a new NEXUS interview option is welcome news, as it will increase the enrollment capacity for new and renewing members. BAL will continue to monitor the implementation of the interview option and will provide more information as it becomes available.
U.S. Citizenship and Immigration Services warns potential humanitarian parolees and their sponsors to be aware of scams and predatory behavior targeting individuals from Cuba, Haiti, Nicaragua, Ukraine and Venezuela.
Additional Information: More information about scams targeting potential humanitarian parolees is available on the USCIS Avoid Scams webpage.
U.S. Citizenship and Immigration Services announced Friday that its H-1B electronic registration period would open at noon ET on March 1 and will close at noon ET on March 17.
BAL Analysis: USCIS received a record 484,927 H-1B registrations last year. Demand for H-1B visas will likely be high again this cap season, even with some signs of a hiring slowdown. 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 provide updates on cap season as information becomes available.
President Joe Biden recently approved a two-year extension of Deferred Enforced Departure for eligible Hong Kong residents who are currently living in the U.S.
Additional information: The Biden Administration said that the extension was made to offer safety and protection to Hong Kong residents amid a continued “assault on Hong Kong’s autonomy, undermining its remaining democratic processes and institutions, imposing limits on academic freedom, and cracking down on freedom of the press.” More information on DED can be found on this USCIS website.
BAL Analysis: The Department of Homeland Security is expected to issue instructions in the coming days on how eligible foreign nationals may apply for DED and employment authorization documents. BAL will continue to monitor these developments and will provide updates as they become available.