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The U.S. State Department estimates that roughly 200,000 employment-based immigrant visas (green cards) will be available in the upcoming fiscal year, officials said in a recently updated FAQ.
The 200,000 limit would be higher than in a typical pre-pandemic year but lower than in the previous two fiscal years. USCIS said the government remains committed “to using all the available employment-based visas in FY 2023.” The 2023 fiscal year begins Oct. 1.
The employment-based green card limit is calculated by adding the number of unused family-based green cards from the previous year to the annual baseline of 140,000 employment-based green cards. The limits have been high in the past two years because beginning in 2020, COVID-19 delays slowed down issuance of family-based green cards.
BAL Analysis: While the State Department will make more green cards available than in a typical year, the limit will be lower than it has been in each of the past two fiscal years. Efforts by the State Department and USCIS to issue as many green cards as possible this year have garnered commendation; however, rapid forward movement in India EB-2 in the current fiscal year led to significant retrogression for October. The State Department said it would monitor the situation and make adjustments as necessary. 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 © 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 starting the next phase of its premium processing expansion. As with the first and second phase, this phase will apply to certain previously filed Form I-140 petitions under the EB-1 and EB-2 classifications.
Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service. Beginning today, USICS will accept Form I-907 requests for:
Additional Information: USCIS is taking a phased approach to expanding premium processing as part of a broader effort to reduce backlogs and provide relief to foreign nationals affected by processing delays. USCIS will take up to 45 days to complete premium processing for the newly included Form I-140 classifications. More information is available here.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of Aug. 31, the department was adjudicating applications filed in January and earlier, conducting audit reviews on applications filed in November and earlier, and reviewing appeals for reconsideration filed in April and earlier.
Average PERM processing times:
PWD Processing: As of Aug. 31, the National Prevailing Wage Center was processing PWD requests filed in January and earlier for H-1B (OES and non-OES) and PERM (OES) cases and December and earlier for PERM (non-OES) cases, according to the Labor Department. Redeterminations were being considered on appeals filed April and earlier for H-1B cases and PERM cases. Center director reviews were being conducted for PERM cases filed in July and earlier.
BAL Analysis: BAL’s internal case tracking mostly consistent with the Labor Department’s published processing times. BAL is seeing slightly faster PWD issuance for in some PERM (OES) cases. BAL is seeing approvals for PERM applications filed in January and earlier and is starting to see PWDs for requests filed in January and earlier for H-1B (OES and non-OES), March and earlier for PERM (OES) cases and December and earlier for PERM (non-OES) cases.
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 provided updated information on how Liberian residents covered by Deferred Enforced Departure (DED) can apply for employment authorization.
Key Points:
Additional information: Eligibility requirements for Liberian residents who are covered by DED are based on the terms described in a June 27 White House directive and any relevant requirements established by the Department of Homeland Security. A Federal Register notice published last week is available here.
The State Department released the October Visa Bulletin, showing significant retrogression in India EB-2 and modest advancement in other key employment-based categories. U.S. Citizenship and Immigration Services (USCIS) announced it would use the Dates for Filing chart for employment-based filings.
Key Movements in Dates for Filing:
EB-1
EB-2
EB-3
Dates for Filing for Employment-Based Preference Cases:
Additional Information: USCIS announced it would use the Dates for Filing chart for employment-based filings in October, the first month of the new fiscal year. While Dates for Filing are generally more progressive than Final Action Dates, the movement in India EB-2 is so dramatic that the priority-date cutoff in this category will retrogress beyond September’s Final Action Date of Dec. 1, 2014. BAL will continue following the Visa Bulletin and will provide updates as information becomes available.
The Department of Homeland Security (DHS) is poised to publish a final rule to codify pre-Trump guidance related to the “public charge” ground of inadmissibility.
Additional Information: In publishing the 2019 regulation, the Trump administration sought to significantly expand the grounds by which applicants could be denied lawful permanent residence (green cards) under the Immigration and Nationality Act’s public charge ground of inadmissibility. The 2019 regulation faced multiple lawsuits and was ultimately vacated in court. The Biden administration declined to enforce the regulation and withdrew appeals that were pending in the U.S. Supreme Court and other appellate courts. In February, DHS published a proposed rule to restore the previous public charge guidance. The agency accepted comments from the public on the proposal and has now finalized the rule.
Beneficiaries under Venezuela’s Temporary Protected Status (TPS) designation can re-register for TPS between Sept. 8, 2022, and Nov. 7, 2022, the Department of Homeland Security said Wednesday.
Background: Secretary of Homeland Security Alejandro Mayorkas initially designated Venezuela for TPS in March of 2021. DHS estimated that roughly 323,000 Venezuelans were eligible for TPS; there are currently about 111,700 beneficiaries under the designation. More information is available on the U.S. Citizenship and Immigration Services TPS website here.
The U.S. State Department published advice for individuals selected in the FY2023 Diversity Visa (DV) program.
Additional Information: The DV-2023 program saw over 7 million qualified entries. Of those entries, approximately 119,262 applicants were notified that they are eligible to submit an immigrant visa application. Egypt topped the list of countries with the most registrants selected (5,529), followed by Algeria (5,526), Iran (5,506), Russia (5,505), Sudan (4,863), Morocco (4,469), Democratic Republic of the Congo (4,385) and Ukraine (3,808). The full list of countries is available here.
Leading immigration firm BAL’s Managing Partner Jeremy Fudge is named to an elite list of top employee-approved CEOs by Texas CEO Magazine.
“I’m honored to be selected for this recognition by Texas CEO,” said Jeremy. “It is especially gratifying to know that we’re not only succeeding in growth and other traditional metrics, but that our people – our greatest source of success — rate their BAL experience so highly.”
Texas CEO Magazine partnered with Comparably, a company that collects employee reviews for firms across the U.S., to find the most highly approved CEOs. Jeremy is among 22 CEOs rated “A+” by their employees, representing the top 5% of employee-rated CEOs of large companies in Texas.
The magazine recognized Jeremy for helming BAL’s aggressive nationwide growth in the middle of the pandemic—the firm has opened a new office every year for the past five years, most recently in Santa Clara, Calif., Denver and soon Los Angeles—and for leading the company to other key milestones, including strategic lateral hires and eminence in legal technology.
Along with these huge strides in dominating corporate immigration, Jeremy managed to keep a growing workforce engaged and innovating at a time when many companies experienced labor shortages. “My leadership philosophy is time-tested and true: be a servant leader,” Jeremy said, “Genuinely love your people and look for meaningful ways to serve them.”
This service mentality inspired Jeremy and the firm’s leadership to shape an empathetic workplace culture at BAL, offering perks such as unlimited vacation and hybrid work options. Employees appreciate Jeremy’s open-door policy, with one reviewer saying, “Jeremy Fudge is always willing to discuss your ideas with you to see if he can implement them or change policies that aren’t working.”
Learning and growing from conversations with his employees reflects Jeremy’s broader approach to life. When pointing to the best leadership advice he ever received, Jeremy responded, “Read widely and keep learning.” The approval rating by the firm’s 1,500 employees enthusiastically endorses this philosophy.
About Berry Appleman & Leiden LLP (BAL) Established in 1980, BAL powers human achievement through immigration expertise, people-centered client services and innovative technology. BAL, with 13 offices across the United States and global coverage in more than 185 countries around the world, operates as a single entity through its oneBAL culture — a uniquely holistic approach, intentionally structured as one team, one brand, one P&L, one standard of excellence and one unifying technology. This united approach enables the firm to deliver the highest level of knowledge, insights and resources from across the entire organization.
Media Contact: Emily Albrecht Senior Director — Marketing & Communications ealbrecht@bal.com 469-559-0174
The Biden administration published its final Deferred Action for Childhood Arrivals (DACA) regulation Tuesday as a U.S. federal appeals court weighed how the new regulation should affect ongoing litigation.
BAL Analysis: While the publication of the final DACA regulation is an important step in protecting the program, it does not immediately change the status quo. Currently, DHS continues to adjudicate only renewal applications (DACA and employment authorization) and advance parole requests for existing DACA recipients. Immigration advocates have stressed that litigation could delay the regulation’s Oct. 31 effective date and that individuals in need of renewals should submit applications as they normally would and as early as they are eligible, given the uncertainty around the litigation. BAL will continue to provide updates on important developments related to DACA.