U.S. Citizenship and Immigration Services (USCIS) Director Ur M. Jaddou will discuss steps the agency is taking to improve processing times during a virtual stakeholder engagement Wednesday.

  • On March 29, USCIS announced package of initiatives to reduce backlogs and provide relief to foreign nationals affected by processing delays. The agency also announced changes this month to simplify how the agency communicates case processing time data to the public.
  • The stakeholder engagement will be held tomorrow, May 18, from 2-3 p.m. ET. Director Jaddou and other USCIS leaders will discuss agency initiatives and will answer participants’ questions.

Additional Information: Visit this website for more information or to register for the event.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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U.S. Citizenship and Immigration Services (USCIS) has announced that in June it will follow the State Department’s Final Action Dates chart, as published in the June Visa Bulletin, to determine whether applicants are eligible to file for adjustment of status.

Final Action Dates for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines
EB-1 Current Current Current Current Current Current
EB-2 Current March 1, 2019 Current Sept. 1, 2014 Current Current
EB-3 Current March 22, 2018 Current Jan. 15, 2012 Current Current

Additional Information: Family-based applicants may use the Dates for Filing chart next month, according to the USCIS announcement. 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 (USCIS) is accepting comments on its proposed revised Form I-9 through May 31.

Key Points:

  • The agency proposed the revised version of the form in March, aiming to streamline the process for verifying employment eligibility.
  • The proposed changes to the form include:
    • Condensing Sections 1 and 2 on a one-page “Main Form.”
    • Designating Section 3 the “Reverification and Rehire Supplement to the Form I-9.”
    • Adding information about the M-274 handbook and acceptable receipts to the “Lists of Acceptable Documents.”
    • Shortening the form instructions from 15 pages to seven.
  • Members of the public can submit comments on the proposed revised form between now and May 31 on the Federal eRulemaking Portal at https://www.regulations.gov. The e-Docket ID number USCIS-2006-0068. More information is available here.

Additional Information: The current form is scheduled to expire on Oct. 31. USCIS will announce the date on which employers are required to begin using the revised version of the form. BAL will continue following the proposal and 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.

The India EB-2 Final Action Date will advance one year, but priority-date cutoffs in other key employment based categories will remain the same, according to the State Department’s June Visa Bulletin.

Final Action Dates

EB-1

  • All countries under EB-1 will remain current.

EB-2

  • China EB-2 will remain at March 1, 2019.
  • India EB-2 will advance one year to Sept. 1, 2014.
  • All other countries under EB-2 will remain current.

EB-3

  • China EB-3 will remain at March 22, 2018.
  • India EB-3 will remain at Jan. 15, 2012.
  • All other countries under EB-3 will remain current.

Final Action Dates for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines
EB-1 Current Current Current Current Current Current
EB-2 Current March. 1, 2019 Current Sept. 1, 2014 Current Current
EB-3 Current March 22, 2018 Current Jan. 15, 2012 Current Current

Dates for Filing

EB-1

  • All countries under EB-1 will remain current.

EB-2

  • China EB-2 will remain at April 1, 2019.
  • India EB-2 will remain at Dec. 1, 2014.
  • All other countries under EB-2 will remain current.

EB-3

  • China EB-3 will remain at April 1, 2018.
  • India EB-3 will remain at Jan. 22, 2012.
  • All other countries under EB-3 will remain current.

Dates for Filing for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines
EB-1 Current Current Current Current Current Current
EB-2 Current April 1, 2019 Current Dec. 1, 2014 Current Current
EB-3 Current April 1, 2018 Current Jan. 22, 2012 Current Current

Additional Information: U.S. Citizenship and Immigration Services (USCIS) has not yet announced whether it will use the Final Action Dates or Dates for Filing chart in June. BAL will update clients once USCIS announces which chart will be used.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 Centers for Diseases Control and Prevention (CDC) has extended its exemption on COVID-19 testing requirements for certain travelers departing from Shanghai, China.

 Key Points:

  • The following individuals do not have to have proof of a negative pre-departure COVID-19 test or previous recovery from COVID-19 to enter the U.S. when departing from Shanghai, China.
    • U.S. citizens.
    • U.S. nationals.
    • Lawful permanent residents (LPRs).
    • Noncitizens who have a valid U.S. immigrant visa.
    • Noncitizen nonimmigrants who are traveling with a U.S. citizen or LPR and possess valid travel documents allowing them to travel to the U.S.
  • The CDC has waived the COVID-19 testing requirement for such individuals through at least June 10.

Additional Information: The U.S. has advised against travel to Shanghai at this time due to “COVID-19-related restrictions, including the risk of parents and children being separated.”

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 announced the winners of the 2023 Diversity Visa lottery.

Key Points:

  • DV2023 entrants can check their entries on the E-DV website. Results will remain posted through Sept. 30, 2023.
  • To check their results, individuals who entered the lottery will need to provide their entry confirmation number, last name and year of birth.
  • Those who are selected in the lottery will be given instructions in Entrant Status Check about how to apply for immigrant visas for themselves and for eligible family members.
  • Selected entrants are encouraged to complete the online DS-260 application immediately to schedule an interview appointment at the appropriate U.S. Embassy or Consulate.
  • The State Department will not mail notification letters or notify selectees by email nor will U.S. embassies or consulates provide a list of selectees. The Entrant Status Check webpage is the only way to see selections.

Background: The Diversity Visa program provides for 55,000 immigrant visas (green cards) to be issued to individuals from countries with low levels of immigration to the U.S. Individuals register during an annual registration period and are selected through a random lottery. The registration period for fiscal year 2023 Diversity Visas opened Oct. 6, 2021, and closed Nov. 9, 2021. More information is available here.

Individuals who entered the Diversity Visa 2022 program have until Sept. 30, 2022, to check the status of their entry. The DV2022 registration period was from Oct. 7, 2020, until Nov. 10, 2020.

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 posted updated information regarding litigation over the adjudication of fiscal year 2020 and 2021 Diversity Visas.

Key Points:

  • Between Aug. 17 and Sept. 30, 2021, four separate federal courts ordered the State Department to reserve or process Diversity Visas awarded in FY 2020 or 2021. Diversity Visa processing was significantly impacted due to the COVID-19 pandemic and related travel restrictions. Consequently, many applicants were not able to receive a visa before the Diversity Visa program periods for 2020 and 2021 ended.
  • The State Department is appealing all four court orders.
  • The courts have stayed their orders until the appeals are resolved. This means the State Department does not currently have to adjudicate any of the visas in question; however, the Department is required to make certain adjustments to its visa adjudication software so that it can process the visas if it is ordered to do so.
  • For more information on the four cases in question, visit this website.

BAL Analysis: BAL will continue to monitor the Diversity Visa cases and 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.

The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing: As of April 30, the department was adjudicating applications filed in October and earlier, conducting audit reviews on applications filed in August and earlier, and reviewing appeals for reconsideration filed in December and earlier.

Average PERM processing times:

  • Adjudication – 192 days.
  • Audit review – 283 days.

PWD Processing: As of April 30, the National Prevailing Wage Center was processing PWD requests filed in October and earlier for H-1B (OES) cases, September and earlier for H-1B (non-OES) cases and October and earlier for PERM (OES and non-OES), according to the Labor Department. Redeterminations were being considered on appeals filed February and earlier for H-1B cases and PERM cases. Center director reviews were being conducted for PERM cases filed in March 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 October and earlier and is starting to see PWDs for requests filed in October and earlier for H-1B (OES) cases, September and earlier for H-1B (non-OES) cases and October and earlier for PERM (OES and non-OES) cases.

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) will publish a Temporary Final Rule (TFR) to lengthen the automatic extension of certain Employment Authorization Documents (EADs).

Key Points:

  • Currently, certain applicants who file Form I-765, Application for Employment Authorization, qualify for automatic extensions of their expiring employment authorization and/or EADs for up to 180 days, if they:
    • Properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired; and
    • Are otherwise eligible for a renewal, i.e., their renewal application is under a category that is eligible for an automatic 180-day extension, and the category on their current EAD matches the “Class Requested” listed on Form I-797C, Notice of Action.
  • The TFR temporarily increases the automatic extension period from up to 180 days to up to 540 days from the expiration date stated on the EAD. The list of EAD renewal categories eligible for the automatic extension is available here.
  • For renewal applications filed after May 4, USCIS will begin issuing Form I-797C Notices of Action with an explanation of the up to 540-day automatic extension period. The agency will update its website with more guidance to reflect the TFR.
  • Foreign nationals who filed their renewal application before May 4 will not receive a new notice but are still able to qualify for the longer extension. They will not need an updated Form I-797C to qualify for the longer extension. Form I-797C notices that refer to a 180-day automatic extension still meet the regulatory requirements and employees may present that document, along with the qualifying EAD, to receive the up to 540-day extension. H-4, L-2 and E dependent spouses must also present an unexpired Form I-94. Additional information about how to complete the Form I-9 to note the automatic extension is available here.
  • The TFR will be in effect from May 4, 2022, through Oct. 15, 2025; however, foreign nationals must file a qualifying renewal application by Oct. 26, 2023, to obtain an extension of up to 540 days. After that date, USCIS will revert to granting extensions of up to 180 days. USCIS will accept comments on the TFR until July 5, 2022.

Background: The TFR cleared White House review last week. It will be published in the Federal Register tomorrow, May 4. The prepublication version is available here.

BAL Analysis: The TFR is part of a package of initiatives USCIS announced in March to address processing delays. USCIS said Monday the TFR would help give the agency time to address staffing shortages, implement additional efficiencies and meet Director Ur Jaddou’s recently announced goal of achieving a three-month cycle time for EAD applications by the end of FY 2023. BAL will continue monitoring the implementation of the TFR and other initiatives to improve immigration processing times and will update clients 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. Secretary of State Antony J. Blinken has announced that U.S. diplomats will return Ukraine and said that the Embassy in Kyiv would probably reopen within weeks. For now, visa services are unavailable in Ukraine, and the State Department has further clarified visa options and alternatives for Ukrainian nationals.

Key Points:

  • The State Department is encouraging Ukrainian nationals to refer to the Department of Homeland Security’s (DHS) Uniting for Ukraine program that provides a pathway for displaced Ukrainian nationals and their immediate family members who are outside the U.S. to come to the U.S. and stay temporarily for up to two years.
  • Nonimmigrant visas are not an appropriate tool to begin an immigrant, refugee or resettlement process. Consular officers will refuse applications for those who apply for a nonimmigrant visa and do not demonstrate intent to leave the U.S. after a defined period to return to a residence abroad.
  • Immigrant visas are for foreign nationals who intend to live and work permanently in the U.S. The U.S. Consulate General in Frankfurt, Germany, is the designated processing post for Ukrainian immigrant visa applications. Newly scheduled immigrant visa cases will be slated for appointments at the consulate in Frankfurt. Transfers may be requested by contacting the receiving U.S. Embassy or Consulate’s Immigrant Visa Unit.
  • Ukrainians should not attempt to apply for visas to travel to the U.S. as refugees; instead, they should contact local authorities or United Nations Refugee Agency (UNHCR) for refugee processing. More information from UNHCR is available here.

Additional Information: The U.S. Embassy in Ukraine has been closed since February due to Russia’s military action and invasion. More information regarding the State Department’s guidance for Ukrainian nationals, including information on COVID-19 entry requirements, humanitarian parole, adoptions and refugee status, among other topics, is available here.

BAL Analysis: The situation in Ukraine may change with little or no notice and companies with employees in the country are encouraged to follow State Department information and warnings closely.

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