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The U.S. Embassy in Havana has announced that it will fully resume immigrant visas services in Cuba beginning in early 2023.
Key Points:
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:
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.
U.S. Citizenship and Immigration Services (USICS) will hold a national stakeholder engagement on the Deferred Action for Childhood Arrivals (DACA) final rule.
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.
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.
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.
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.
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.
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.
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.