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The State Department released the January Visa Bulletin Monday, showing employment-based priority-date cutoffs will no longer be current for China EB-1 and India EB-1. In other key categories, priority-date cutoffs will remain the same.
Final Action Dates: Key Movements
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
Dates for Filing: Key Movements
Dates for Filing for Employment-Based Preference Cases:
Additional Information: U.S. Citizenship and Immigration Services has not yet announced whether it will use the Final Action Dates or Dates for Filing chart in January. BAL will provide updated information once USCIS announces which chart it will use.
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 recently reduced nonemergency consular operations at various consular posts in China, citing “operational impacts caused by the surge of COVID-19 infections” across the country.
Key Points:
Additional Information: Chinese authorities continue to update COVID-19 prevention and health control measures as the outbreak spreads. These measures may include residential quarantines, mass testing, closures, transportation disruptions, lockdowns and possible family separation. Individuals with questions regarding other parts of China should contact the Embassy or Consulate General of the district to which they are traveling.
BAL Analysis: U.S. citizens should expect possible delays at U.S. posts in China at this time. Companies with employees in China are encouraged to follow State Department information and warnings closely. U.S.-based 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.
The Department of Homeland Security (DHS) and the Department of Labor (DOL) will issue a temporary final rule this week making additional H-2B temporary nonagricultural worker visas available for fiscal year 2023.
Additional Information: The temporary final rule features several provisions to protect both U.S. and H-2B workers, including both Departments participating in the H-2B Worker Protection Taskforce, announced in October, to address labor law issues more broadly. More information regarding the available of H-2B visas for fiscal year 2023 is available here.
This is the first time DHS and DOL have issued a single rule making available H-2B supplemental visas for several allocations throughout the entire fiscal year, including an allocation for the late second half. BAL will continue following H-2B program developments and will provide updates as information becomes available.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of Nov. 30, the department was adjudicating applications filed in March and earlier, conducting audit reviews on applications filed in January and earlier, and reviewing appeals for reconsideration filed in May and earlier.
Average PERM processing times:
PWD Processing: As of Nov. 30, 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 December and earlier for PERM non-OES cases. Redeterminations were being considered on appeals filed June and earlier for H-1B cases and May and earlier for PERM cases. Center Director Reviews were being conducted in November are earlier for PERM cases.
U.S. Citizenship and Immigration Services announced Friday that it would automatically extend the validity of Permanent Resident Cards (Green Cards) for lawful permanent residents who have applied for naturalization.
Background: Up until now, naturalization applicants who filed for naturalization within six months of their Green Card expiration had to file Form I-90 to maintain their lawful status. Applicants who filed for naturalization more than six months before their Green Card expiration were given an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of lawful permanent residence. USCIS said the updated policy “recognizes USCIS’ current processing times, while improving flexibility and efficiency” by reducing the number of Form I-90 applications and ADIT stamp appointments.
The Department of Homeland Security announced that it will open registration for Temporary Protected Status for Ethiopia on Dec. 12. It will remain open through June 12, 2024.
Additional Information: DHS made the decision to add Ethiopia under TPS due to conflict-related violence and a humanitarian crisis involving severe food shortages, flooding, drought and displacements.
U.S. Citizenship and Immigration Services said Wednesday that it has reduced its case backlog but needs continued support from Congress and additional revenue from a new fee rule to maintain progress.
BAL Analysis: USCIS continues to work through a backlog that has slowed processing times for immigration benefits and has committed to restoring reasonable processing times. In its report, the agency said it would need continued support from Congress and increased fee revenue to maintain its progress. Publication of the proposed fee rule is expected soon, but information is not yet available on what the proposed increases will be. BAL will provide updates as information becomes available.
The Department of Homeland Security announced yesterday that it would extend and redesignate Haiti for Temporary Protected Status for 18 months, from Feb. 4, 2023, through Aug 3, 2024.
Additional Information: The decision to extend TPS for Haitian nationals was made due to a prolonged political crisis, gang crime, recent earthquakes, and a lack of access to food, water, fuel and healthcare that collectively prevent individuals from safely returning, DHS said. The extension and redesignation permits additional eligible Haitian nationals to apply or reapply for TPS and EADs. BAL will provide additional information as it becomes available.
The Department of Homeland Security announced Monday that it would extend the deadline for REAL ID compliance.
Background: The federal REAL ID Act requires states to issue driver’s licenses and identification documents that comply with heightened security standards. The most recent extension was granted in part because of “lingering impacts of the COVID-19 pandemic” and associated delays at state Department of Motor Vehicle offices. The extension will give applicants additional time to apply for REAL IDs and states additional time to process applications. DHS has extended the deadline numerous times, most recently in April 2021.
A proposed rule that would adjust the fees U.S. Citizenship and Immigration Services charges for immigration and naturalization benefit requests has cleared White House Office of Management and Budget review.
Background: In 2020, DHS published a rule to adjust USCIS fees, but a court enjoined the agency from implementing it. DHS says the new rule will “rescind and replace” the 2020 rule and “establish new USCIS fees to recover USCIS operating costs.”
BAL Analysis: The proposal to increase USCIS fees is moving through the regulatory process, but the higher fees will not take effect for several months. BAL will continue following the proposal and will provide updates as information becomes available.