The U.S. State Department is again urging U.S. citizens to leave Russia following the country’s mobilization of its citizens to the armed forces.

Key Points:

  • The State Department said Russia might refuse to acknowledge dual nationals’ U.S. citizenship, deny their access to U.S. consular assistance, prevent their departure from Russia and conscript dual nationals for military service.
  • U.S. citizens are advised to leave Russia immediately while limited commercial travel options are still available.
  • Travelers should refer to the State Department’s Information for U.S. Citizens in Russia – Travel Options Out of Russia when planning to leave Russia.
  • The State Department advises U.S. citizens who are in Russia to read the Travel Advisory for Russia; carry proper identification, including a U.S. passport and valid Russian visa; and have an alternative plan that does not rely on U.S. government assistance.
  • Those who need immediate assistance can call +1 (888) 407-4747 (from the U.S) or +1 (202) 501-4444 (from overseas) or email moscowacs@state.gov.

BAL Analysis: The situation in Russia may change with little or no notice and companies with employees in the country are encouraged to pay close attention to State Department warnings and information.

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.

U.S. Citizenship and Immigration Services (USCIS) announced today that it is automatically extending the validity of Permanent Resident Cards (Green Cards) to 24 months beyond the expiration date for those who file Form I-90.

Key Points:

  • Lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card will receive an automatic 24-month extension instead of the previous 12-month extension.
  • As of Sept. 26, USCIS began issuing amended receipt notices to individuals with a pending Form I-90.
  • Lawful permanent residents can use the Form I-90 receipt notice with an expired Green Card as evidence of continued status.

Additional Information: Foreign nationals who no longer have their Green Card and need evidence of their lawful permanent resident status while they wait for their replacement Green Card can ask for an appointment at a USCIS Field Office by contacting the USCIS Contact Center. More information for those needing to replace a Green Card is available here.

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.

U.S. officials said this week that the U.S. embassy and consulates in India are scheduling appointments for all visa categories but that wait times remain significantly delayed.

In a press conference with Indian External Affairs Minister Subrahmanyam Jaishankar, U.S. Secretary of State Antony Blinken said the State Department is “surging resources” to address a visa backlog that developed because of COVID-related staffing and funding issues.

“We have a plan when it comes to India to address the backlog of visas that’s built up,” Blinken said, according to a State Department transcript. “I think you’ll see that play out in the coming months, but it’s something that we’re very focused on.”

Key Points:

  • The U.S. embassy and consulates in India are booking interview appointments for all visas categories; however, most categories are significantly delayed. The visa appointment wait time for a nonimmigrant visitor visa in New Delhi, for example, is 833 days.
  • U.S. consular officials in India and other countries remain authorized to waive in-person interviews for some visa applicants through Dec. 31, 2022.
  • The U.S. Embassy in India will host an online discussion with Minister Counselor for Consular Affairs Don Heflin to discuss visa and other issues this Thursday, Sept. 29, at 3 p.m. India Standard Time.

Background: Delays have plagued U.S. embassies and consulates around the world. State Department officials have said that visa processing times are improving but that progress varies from post to post.

BAL Analysis: In his remarks this week, Secretary Blinken said he is “extremely sensitive” to visa issues and said officials would remain “very focused” on reducing the backlog. For now, appointment and processing delays should be expected at embassies and consulates in India. Service levels and processing times at posts around the world vary. BAL will continue to monitor efforts to address the delays and will provide 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 State Department will open registration for the Diversity Visa 2024 lottery Wednesday, Oct. 5. Up to 55,000 diversity immigrant visas will be available to nationals of countries with historically low immigration to the U.S.

Key Points:

  • Registration begins Oct. 5, at noon EDT and closes Nov. 8 at noon EST.
  • Applicants must register online by submitting the diversity visa entry form that will be available at the State Department’s e-DV website. Paper applications are not accepted. Entries are limited to one per person and multiple entries will render the entrant ineligible.
  • Lottery winners will be selected at random. Registrants will be given a confirmation number that they may use to check whether they have been selected starting May 6, 2023, on the E-DV website.
  • This year, individuals born in the following countries are ineligible: Bangladesh, Brazil, Canada, China (including Hong Kong), Colombia,  the Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, the Philippines, South Korea, the U.K. (except Northern Ireland) and its dependent territories, Venezuela and Vietnam. Those born in Macau and Taiwan are eligible.
  • The State Department’s complete instructions are available here.

BAL Analysis: The State Department urges applicants not to wait until the final week to register because heavy demand may cause website delays. Individuals should also be aware of scams that frequently target DV lottery registrants. Individuals are reminded that the registration process is free and that the only way to enter the lottery and obtain lottery results is via the State Department’s E-DV website.

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 Department of Homeland Security (DHS) recently announced that it would extend Temporary Protected Status (TPS) for Burma (Myanmar) for 18 months from Nov. 26, 2022, through May 25, 2024. DHS also temporarily suspended employment authorization requirements for certain F-1 students from Burma.

Key Points:

  • The extension will allow currently eligible Burmese TPS beneficiaries to retain TPS through May 25, 2024, provided they continue to meet eligibility requirements.
  • The TPS extension permits Burmese nationals who were beneficiaries under Burma’s existing designation and who have continuously resided in the U.S. since Sept. 25, 2022, to re-register for TPS.
  • TPS beneficiaries re-registering under the extension of TPS for Burma must re-register during the 60-day re-registration period from Sept. 27 through Nov. 26 to ensure they keep their TPS and work authorization without a gap.
  • Burmese nationals (or those without a nationality who last resided in Burma) who are nonimmigrant F-1 students and are “experiencing severe economic hardship as a direct result of the current crisis in Burma” can now:
    • Request employment authorization from Nov. 26, 2022, through May 25, 2024.
    • Work an increased number of hours while school is in session.
    • Reduce their course load while continuing to maintain their F-1 nonimmigrant status.
  • DHS will consider F-1 nonimmigrant students who gain employment authorization engaged in a “full course of study” for the duration of their employment authorization if the nonimmigrant student satisfies the minimum course load requirement described here.

Additional Information: The decision to extend TPS for Burma was made due to the ongoing violence and threat posed on civilians lives, DHS said. The agency cited the same reasons in its decision to provide relief for nonimmigrant F-1 students. More information is available here.

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.

U.S. Citizenship and Immigration Services (USICS) has rescheduled a national stakeholder engagement on the Deferred Action for Childhood Arrivals (DACA) final rule.

Key Points:

  • The engagement will be held Monday, Sept. 26 from 3:30 to 4 p.m. EST.
  • USCIS officials will provide an overview of the DACA final rule and respond to stakeholder questions; USCIS reiterated it would not address questions related to specific cases, topics outside the scope of the engagement or issues under active litigation.
  • To register for the webinar, visit the USCIS public engagement page or use this link to watch live.

Additional Information: The Department of Homeland Security (DHS) published the final DACA regulation in the Federal Register in late August. The regulation was designed to “preserve and fortify” DACA, which shields hundreds of thousands of individuals who were brought to the U.S. unlawfully as children from deportation and allows them to apply for work authorization. It is scheduled to take effect Oct. 31; however, litigation over DACA continues and immigration advocates have stressed that litigation could delay the regulation’s Oct. 31 effective date. Individuals in need of renewals should submit applications as early as they are eligible, given the uncertainty around the litigation.

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. Embassy in Havana has announced that it will fully resume immigrant visas services in Cuba beginning in early 2023.

Key Points:

  • The U.S. Embassy in Havana plans to resume full immigrant visa processing in early 2023 for the first time since 2017. No exact date has been announced.
  • Once full immigrant visa processing resumes, Cuban nationals will no longer need to travel outside of Cuba to Georgetown, Guyana, for their interviews.
  • During the transition to full immigrant visa processing at the U.S. Embassy in Havana, the National Visa Center (NVC) will continue to schedule family preference visa applicants for appointments at the U.S. Embassy in Georgetown.
  • The NVC will start scheduling all immediate relative and family preference immigrant visa applicants at the U.S. Embassy in Havana for appointments at the beginning of 2023. Visa applicants do not need to contact the embassies in Havana or in Georgetown or the National Visa Center (NVC); they will be notified directly with their appointment information.
  • The U.S. Embassy in Havana’s consular section will continue to provide essential American Citizens Services, immigrant visa services to those applying in the Immediate Relative categories and limited emergency nonimmigrant visa processing.

Additional Information: More information is available on the U.S. Embassy in Havana’s website.

BAL Analysis: The U.S. Embassy in Havana’s upcoming resumption of full immigrant visa services for Cuban nationals is welcome news as these services have been suspended since 2017 and the resumption will simplify visa procedures for some applicants. BAL will continue to monitor these developments 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.

U.S. Citizenship and Immigration Services (USCIS) has reminded the public of special services made available to those affected by natural disasters such as the flooding in Pakistan and Hurricane Fiona in Puerto Rico.

On a case-by-case basis, individuals impacted by natural disasters and certain other unforeseen circumstances may request:

  • To change nonimmigrant status or extend nonimmigrant stay for an individual currently in the U.S.
  • Re-parole for those who have previously received parole by USCIS.
  • Expedited processing of advanced parole requests.
  • Expedited adjudication of off-campus employment authorization for F-1 students experiencing economic hardship.
  • Expedited adjudication of petitions or applications, including employment authorization applications.
  • Expedited replacement of lost or damaged immigration or travel documents issued by USCIS.
  • Consideration of fee waiver requests because the individual cannot pay.
  • Flexibility for those unable to submit evidence or respond in a timely manner to a Request for Evidence or Notice of Intent to Deny and for those unable to attend a scheduled interview with USCIS.
  • To reschedule a biometrics appointment.

Additional Information: Individuals who are making a request listed above should explain how the flooding in Pakistan or Hurricane Fiona in Puerto rico created the need for such a request. Those who lost evidence should include an explanation and a copy of a police report, insurance claim or other report to support a request.

Employers and individuals are reminded that all Form I-9 requirements remain in place and should review instructions on how to verify employment eligibility of employees whose documents are lost or damaged. Individuals are reminded to update their addresses with USCIS to avoid possible delays in processing. More information regarding the special measures is available here.

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.

U.S. Citizenship and Immigration Services (USICS) will hold a national stakeholder engagement on the Deferred Action for Childhood Arrivals (DACA) final rule.

Key Points:

  • The engagement will be held Thursday, Sept. 22 from 3:30 to 4 p.m. EST.
  • USCIS officials will provide an overview of the DACA final rule and respond to stakeholder questions; USCIS reiterated it will not address questions related to specific cases, topics outside the scope of the engagement or issues under active litigation.
  • To register for the webinar, visit the USCIS public engagement page.

Additional Information: The Department of Homeland Security (DHS) published the final DACA regulation in the Federal Register in late August. The regulation was designed to “preserve and fortify” DACA, which shields hundreds of thousands of individuals who were brought to the U.S. unlawfully as children from deportation and allows them to apply for work authorization. It is scheduled to take effect Oct. 31; however, litigation over DACA continues and immigration advocates have stressed that litigation could delay the regulation’s Oct. 31 effective date. Individuals in need of renewals should submit applications as early as they are eligible, given the uncertainty around the litigation.

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 provided updated processing times for routine and expedited passport services.

Key Points:

  • The State Department is advising applicants to apply at least four to six months before planned travel.
  • As of Sept. 14, routine services can take seven to 10 weeks from the day an application is submitted to the day the new passport is received.
  • Expedited services can take four to six weeks from the day an application is submitted to the day the applicant receives the new passport.
  • Urgent travel appointments and in-person services at passport agencies or centers cannot be guaranteed. More information on specific passport centers’ services is available on the Passport Agency and Center page.

Additional Information: Processing times do not begin the day an application is mailed but when the State Department receives the application. It may take two to four weeks from the day the application is mailed for the status of the application to state “In Process.”

Some applications may be delayed because the State Department requests additional information. Applicants must respond to such requests in order for processing to resume. More information regarding requests for more information is available here.

BAL Analysis: U.S. citizens intending to travel abroad and in need of a new passport should renew their passport as soon as possible to avoid delays and complications. 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.