Search
Contact
Login
Share this article
The U.S. State Department has extended the validity of B-1, B-2 and B-1/B-2 visas to ten years for Saudi nationals.
Key Points:
BAL Analysis: The change will facilitate business travel and reduce the inconvenience of having to apply for a visa more frequently. It may also ease processing workloads in the future by reducing the number of renewal applications.
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 published updated web resources on temporary and permanent pathways to the U.S. for foreign nationals in science, technology, engineering, and math (STEM) fields.
Additional Information: The Biden administration has said attracting STEM workers is a priority and announced measures aimed at attracting STEM talent in January. In announcing the new resources last week, USCIS said the U.S.’s ability to attract global talent in STEM fields has “spurred path-breaking innovation, leading to the creation of jobs, new industries, and new opportunities for all Americans.” BAL will continue following the administration’s efforts to attract workers in STEM fields 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 July 31, the department was adjudicating applications filed in December and earlier, conducting audit reviews on applications filed in October and earlier, and reviewing appeals for reconsideration filed in March and earlier.
Average PERM processing times:
PWD Processing: As of July 31, the National Prevailing Wage Center was processing PWD requests filed in January and earlier for H-1B (OES) and PERM (OES) cases and December and earlier for H-1B (non-OES) and 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 May and earlier.
BAL Analysis: BAL’s internal case tracking is consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in December and earlier and is starting to see PWDs for requests filed in January and earlier for H-1B (OES) and PERM (OES) and December and earlier for H-1B (non-OES) and PERM (non-OES) cases.
U.S. Citizenship and Immigration Services (USCIS) has provided clarification on what evidence can be used to support O-1A petitions with a focus in science, technology, engineering and mathematics (STEM) fields.
Additional Information: O-1 nonimmigrant status is generally available to those with extraordinary ability in the sciences, arts, business, education and athletics, as well as for those with extraordinary achievement in the motion picture or television industry. More information on O-1 petitions is available here.
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.
U.S. Citizenship and Immigration Services (USCIS) announced today that it would extend flexible measures for responding to certain requests and notices from the agency through Oct. 23, 2022. Additionally, the agency announced starting today, it has permanently adopted the policy of allowing applicants to submit electronically reproduced signatures.
The agency first introduced the measures in March 2020 because of COVID-19 and has extended them numerous times, most recently in March 2022.
Additional Information: USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
More information on USCIS’ response to the pandemic is available here.
BAL Analysis: Petitioners and individuals will have more time to respond to the designated requests under the extended temporary measures. The decision to permanently allow electronically reproduced signatures is welcome news. Petitioners and individuals are reminded that the reproduced signature must be of an original handwritten signature and they must retain copies of original documents containing the wet signatures.
Copyright © 2021 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 employers to update their I-9 forms if they received expired List B identity documents between May 1, 2020, and April 30, 2022 when a temporary policy was in place.
Additional Information: DHS adopted the temporary policy in May 2020 in response to the challenges to individuals in renewing documents during the COVID-19 pandemic. The temporary measures ended two years later on May 1. For more information on the updated requirements, please see the table on this USCIS website.
U.S. Citizenship and Immigration Services (USCIS) announced Friday that it would soon implement the second phase of its premium processing expansion. As with the first phase of the expansion, the second 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 Aug. 1, 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 Department of Homeland Security (DHS) announced Wednesday that it would extend the time “Uniting for Ukraine” beneficiaries have to attest to their compliance with certain medical requirements.
Additional Information: President Joe Biden announced the creation of “Uniting for Ukraine” on April 21, framing it as a key part of the U.S.’s efforts to welcome up to 100,000 individuals fleeing the Russian invasion of Ukraine. In order to participate in “Uniting for Ukraine,” Ukrainians must have a supporter in the U.S. who is able to provide financial support during their time in the country. U.S.-based supporters must file Form I-134 with USCIS on behalf of a Ukrainian beneficiary. The government will then vet applicants to ensure they can meet their financial obligations. More information is available here.
The Department of Homeland Security (DHS) has opened a second public comment period on its proposed Form I-9 revisions.
Additional Information: The changes DHS proposed in March included:
DHS proposed additional changes on July 7, including updating language to clarify I-9 procedures, providing definitions to key terms such as “employer” and “employee” and incorporating some supplemental information on the form itself. Members of the public can comment on the proposal changes here.
A separate DHS proposal to update Form I-9 employment eligibility procedures is under review at the White House Office of Management and Budget (OMB). The text of this proposal is not yet available, but DHS has said it will “propose to revise employment eligibility verification regulations to allow the Secretary (of Homeland Security) to authorize alternative document examination procedures in certain circumstances or with respect to certain employers.” OMB review is the final step in the rulemaking process before publication.
BAL Analysis: BAL submitted a comment in May in support of DHS’ efforts to streamline the Form I-9 and reduce burdens on employers and employees. BAL will continue monitoring the proposed changes to the Form I-9 and will alert clients once USCIS announces when employers must begin using the new form. BAL will also monitor the progress of the employment eligibility verification rule and will provide updates as information becomes available.
The Department of Homeland Security (DHS) will end a pandemic-era policy that gave employees extra time to resolve discrepancies found in E-Verify submissions and referred to the Social Security Administration (SSA).
Additional Information: In March 2020, at the beginning of the COVID-19 pandemic, E‑Verify extended the timeframe for employees to take action to resolve an SSA tentative non-confirmation (“mismatch”). This policy will come to an end Friday, July 15. More information is available here.