BAL is thrilled to share that we’ve been ranked in the highest tier of the Chambers Global Guide 2025 in the Immigration: Business practice area. Described as a “powerful force in corporate immigration…with substantial consular, auditing and compliance experience,” BAL was also ranked in Band 2 in the Immigration in Global: Multi-jurisdictional rankings.

“It’s always an honor to be recognized in the annual Chambers rankings,” said Frieda Garcia, Managing Partner of BAL. “With such a rigorous submission and review process to inform the rankings, the legal community appreciates the weight of the Chambers Guides. We’re thankful for the continued acknowledgement by Chambers and our clients.”

In addition to the firm’s honors, BAL Partners Jeff Joseph and Lynden Melmed were ranked in Band 2 in the Immigration: Business practice area. Chambers describes Joseph as a “very strong, experienced lawyer” with substantial experience in immigration-related litigation. In describing Melmed’s strengths, Chambers says that he knows “how to approach governmental agencies at the highest level.”

Rankings are determined through Chambers’ in-depth methodology involving client feedback.

Copyright © 2025 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 Fourth Circuit affirmed a lower court’s decision to uphold protections of the H-2A Adverse Effect Wage Rates (AEWR) rule against an injunction attempt.

Key Points:

  • The AEWR rule aimed to prevent employers from exploiting regulatory gaps to underpay H-2A workers. Domestic workers and ethical businesses benefit, as they no longer compete with underpaid labor.
  • A group of farm owners and employers filed a lawsuit in a lower court to block the Department of Labor (DOL) from enforcing the rule, arguing that the DOL failed to consider the impact on farmers’ costs and illegal immigration.
  • The appellate court ruled that “the district court reasonably concluded that the balance of the equities and the public interest did not tip in favor of an injunction.”

Additional Information: This decision helps underscores other measures the DOL has taken to strengthen fair labor standards for farmworkers in the U.S.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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 Office of Foreign Labor Certification (OFLC) announced the release of public disclosure data, selected program statistics and an updated H-2B foreign labor recruiter list.

Key Points:

  • The release of public disclosure data and selected program statistics for Q1 fiscal year 2025 (Oct. 1 to Dec. 31, 2024) covers various programs, including PERM, LCA (H-1B, H-1B1 and E-3 visas), H-2A visa, H-2B visa, CW-1 visa and prevailing wage (and provides employer applications requesting prevailing wage determinations and labor certifications).
  • A notable update is the implementation of the revised form ETA-9089, resulting in two distinct PERM disclosure data files.
  • The updated list of foreign labor recruiters for the H-2B visa program includes the names and locations of recruiters from Oct. 1, 2023, to Sept. 30, 2024.
  • Following are links to view the respective data:

Additional Information: The foreign labor recruiter list aims to enhance transparency in the H-2B visa worker recruitment process and facilitate information sharing between the U.S. Department of Labor and other agencies. Further details on the disclosure data, statistics and recruiter list can be found here.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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 that it will rescind Haiti’s extended Temporary Protected Status (TPS) designation, shortening the extension period to 12 months with a new end date of Aug. 3, 2025.

Key Points:

  • The Biden administration had previously extended and redesignated Haiti for TPS for 18 months, from Aug. 4, 2024, to Feb. 3, 2026.
  • DHS decided to partially vacate the Biden administration’s June 4, 2024, decision regarding the extension and redesignation of Haiti for TPS. This action could be subject to court challenges, like previous TPS termination efforts.
  • DHS stated that the decision was “part of President Trump’s promise to rescind policies that were magnets for illegal immigration and inconsistent with the law.”
  • The agency also published a notice to terminate Venezuela’s 2023 TPS designation last month, and the vacatur order is now subject to litigation.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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.

Last week, the State Department provided guidance on the use of sex markers stipulating that the department will no longer issue U.S. passports or Consular Reports of Birth Abroad (CRBAs) with an “X” marker.

Key Points:

  • The guidance follows the directive in President Trump’s executive order “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” issued on Jan. 20.
  • U.S. passports will only be issued with an “M” or “F” sex marker that matches the applicant’s biological sex at birth.
  • All passports, including those with an “X” marker or those listing a sex different from the applicant’s sex at birth, are valid for travel until their expiration date.
  • While new forms are being developed, existing forms can be used in the interim and can be found here.

Additional Information: Applicants requesting an “X” marker or a sex marker different from the sex marker assigned at birth may experience delays getting a passport and may receive requests for more information. New passports issued by the State Department will match the applicant’s biological sex at birth based on supporting documents and previous passport records.

BAL is monitoring this guidance and litigation related to the underlying executive order.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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 State Department has updated the categories of applicants eligible for a nonimmigrant visa interview waiver, superseding the Dec. 21, 2023, interview waiver update.

Key Points:

  • Consular offices have the authority and discretion to waive in-person interviews for applicants in the following nonimmigrant visa categories:
    • A-1, A-2, C-3 (except attendants, servants or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6 or TECRO E-1
    • Diplomatic- or official-type visas
    • Applicants who previously held a visa in the same category that expired less than 12 months prior to the new application
  • To be eligible for an interview waiver, applicants must also:
      • Apply in their country of nationality or residence
      • Have never been refused a visa (unless refusal was overcome or waived)
      • Have no apparent or potential ineligibility
  • Consular officers may still require in-person interviews on a case-by-case basis or due to local conditions.

Additional Information: Applicants are encouraged to check embassy and consulate websites for detailed information about visa application requirements and procedures, as well as the operating status and services of the embassy or consulate.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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.

BAL is proud to share that our firm has been named one of U.S. News’ 2025 Best Companies to Work For in the law firm category. This esteemed list recognizes the country’s top law firms based on how the firms best meet the needs and expectations of their employees.

“We’re proud to have U.S. News validate what we already know — that BAL is a great place to work,” said Jeremy Fudge, CEO of BAL. “Our leadership invests heavily into active listening and employee engagement to create a positive work environment that can adapt to the needs of our people. It’s an honor to be recognized for those efforts.”

To calculate the U.S. News Best Companies to Work For: Law Firms list, U.S. News partnered with Leopard Solutions and Revelio Labs to conduct legal market research and calculate the six metrics used in the list: quality of pay and benefits, work-life balance, job stability, physical and psychological comfort, belongingness and opportunities for professional development.

From these metrics, BAL ranked especially high in comfort and quality of pay.

Those interested in joining the BAL team are invited to explore job openings on our careers page: https://www.bal.com/careers/.

Copyright © 2025 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 Labor (DOL) reported that as of Feb. 13, 2025, a total of 5,883 cases were issued Final Decision for fiscal year (FY) 2025 (first half of the visa cap) with a Requested Date of Need from Oct. 1, 2024, through March 31, 2025. Certified positions for this period were allocated for 109,866 workers.

The chart below indicates the number of Final Decisions issued and Positions Certified for filing windows from July 2024 to February 2025:

Filing window Total cases issued

Final Decision

Total worker Positions Certified
July 2024 2,492 44,907
August 2024 485 7,884
September 2024 219 3,849
October 2024 359 10,414
November 2024 764* 16,988*
December 2024 1,546* 25,734*
January 2025 18* 90*
February 2025 –** –**

*Indicates an increase in November– January case and worker numbers from those reported as of Jan. 30.

**As of COB Feb. 13, there were no Final Decisions issued or Positions Certified, although four cases were submitted and positions requested for 79 workers.

As of Jan. 7, 2025, U.S. Citizenship and Immigration Services received enough petitions to reach the additional 20,716 H-2B visas made available for returning workers for the first half of FY 2025 with start dates on or before March 31, 2025.

DOL completed processing of Group A (1,161 cases were issued a Final Decision with Positions Certified for 16,498 workers) and Group B (one case was issued Final Decision) received for Requested Date of Need from April 1, 2025.

DOL is still processing Group C for applications received for Requested Date of Need from April 1, 2025.

Background on Assignment Groups: The initial H-2B Assignment Group (i.e., Group A) will always include the number of H-2B applications containing a sufficient amount of worker positions to reach the applicable numerical visa cap, even if the numerical limits of the Immigration and Nationality Act are subsequently changed. Additional Assignment Groups are assigned in ascending sequential order for all remaining H-2B applications that were filed during the initial three-day filing window that requested the earliest start date of work permitted. Each H-2B Assignment Group after Group A (e.g., Group B, Group C, etc.) will total no more than 20,000 worker positions, or roughly 1,000 applications per group. More background on H-2B Temporary Labor Certification Program and the origin of Assignment Groups can be found here.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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. Mission to India updated its interview waiver eligibility criteria for Indian foreign nationals renewing visas at U.S. consular posts in India.

Key Points:

  • The eligibility criteria for interview waiver was updated to require that visa applicants have a previous U.S. visa in the same class as the visa for which the applicant wishes to apply and the applicant’s prior visa is still valid or expired within the last 12 months.
  • Previously, applicants’ prior visas could expire up to 48 months. Applicants also previously could qualify for interview waiver if they had been issued another nonimmigrant visa other than a B-1/B-2 visa (e.g., an individual who had been issued an F-1 visa which had not expired more than 48 months could qualify for interview waiver when applying for an H-1B visa).
  • The full interview waiver criteria can be found here.

Additional Information: Applicants can submit a visa application and documentation for interview waiver processing at Visa Application Centers in New Delhi, Mumbai, Chennai, Hyderabad, Kolkata, Bengaluru and other locations that can be found here.

Individuals who have applied for visas and who have appointments to drop off their documentation for interview waiver processing may no longer qualify for an interview waiver. Foreign nationals are reminded to speak with their BAL team prior to international travel and to be aware of general travel requirements, including maintaining a valid visa in their passport.

Other U.S. embassies and consulates that may have updated their interview waiver eligibility criteria include but are not limited to Mexico, France and Japan. All Visa renewal applicants should check interview waiver criteria on their respective U.S. embassy or consulate’s website to confirm.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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 released the March Visa Bulletin. U.S. Citizenship and Immigration Services announced filings for employment-based preference categories must use the Final Action Dates chart, which shows advancement in all chargeability areas in the EB-2 visa class. Both China and India will advance for the EB-3 visa class.

Final Action Dates:

EB-1

  • China EB-1 Final Action Dates will remain the same (Nov. 8, 2022).
  • India EB-1 Final Action Dates will remain the same (Feb. 1, 2022).
  • For all other countries under EB-1, including Mexico and the Philippines, Final Action Dates will remain current.

EB-2

  • China EB-2 Final Action Dates will advance from April 22, 2020, to May 8, 2020.
  • India EB-2 Final Action Dates will advance from Oct. 15, 2012, to Dec. 1, 2012.
  • For all other countries under EB-2, including Mexico and the Philippines, Final Action Dates will advance from April 1, 2023, to May 15, 2023.

EB-3

  • China EB-3 Final Action Dates will advance from July 1, 2020, to Aug. 1, 2020.
  • India EB-3 Final Action Dates will advance from Dec. 15, 2012, to Feb. 1, 2013.
  • For all other countries under EB-3, including Mexico and the Philippines, Final Action Dates will remain the same (Dec. 1, 2022).

Final Action Dates Chart for Employment-Based Visa Applications

Preference

Category

All chargeability areas except those listed China India Mexico Philippines
EB-1 Current Nov. 8, 2022 Feb. 1, 2022 Current Current
EB-2 May 15, 2023 May 8, 2020 Dec. 1, 2012 May 15, 2023 May 15, 2023
EB-3 Dec. 1, 2022 Aug. 1, 2020 Feb. 1, 2013 Dec. 1, 2022 Dec. 1, 2022

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 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