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.

Key Points:

  • DHS announced in July that it would extend TPS for Venezuela for 18 months, from Sept. 10, 2022, through March 24, 2024.
  • DHS posted a Federal Register notice Wednesday, detailing how beneficiaries under Venezuela’s TPS designation can re-register and renew Employment Authorization Documents (EADs).
  • The re-registration window will remain open until Nov. 7, 2022. EADs that were issued under the current designation will be extended until Sept. 9, 2023, to allow time for the processing of renewal applications.
  • Only beneficiaries who were residing in the U.S. as of March 8, 2021, are eligible to re-register for TPS. Venezuelans who arrived in the U.S. after March 8, 2021, are not eligible.

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.

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 published advice for individuals selected in the FY2023 Diversity Visa (DV) program.

Key Points:

  • Individuals selected in the DV-2023 lottery only need to submit the DS-260 immigrant visa application form for themselves and family members to the Kentucky Consular Center (KCC).
  • DV-2023 selectees should not submit other required supporting document to the KCC. The State Department will collect supporting documents in connection with the interview at the embassy or consulate where the application was submitted.
  • Selectees who fail to provide required supporting documents during the interview process may be denied their visa application.
  • The State Department encourages applicants to have all required documents prepared beforehand. The list of required supporting documents is available here.

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.

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.

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.

Key Points:

  • The Department of Homeland Security (DHS) published the final DACA regulation in the Federal Register Tuesday after posting a pre-publication version last week. 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.
  • DHS created DACA in 2012 via a memorandum but did not go through notice-and-comment rulemaking. The new regulation was crafted in part to shield DACA from legal challenges.
  • Litigation over DACA will continue, however. The Fifth Circuit Court of Appeals, which heard arguments about the legality of the program in July, has now asked the U.S. Department of Justice and a group of states challenging the program to provide briefs on how the new regulation affects the case.
  • Specifically, the court asked parties on both sides to address whether the court should rule on the legality of the regulation rather than the 2012 memo and whether it has jurisdiction to do so. The court asked for briefs from both sides by noon CT on Thursday, Sept. 1.

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.

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 Department of Homeland Security (DHS) has posted the text of a rule to “preserve and fortify” Deferred Action for Childhood Arrivals (DACA).

Key Points:

  • The rule is scheduled to be published in the Federal Register Aug. 30 and take effect 60 days later. A prepublication version is available here.
  • DACA 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.
  • While the program has strong support from employers, it has been the subject of extensive litigation. A three-judge panel with the Fifth Circuit Court of Appeals heard arguments last month in the U.S. Justice Department’s appeal of a 2021 district court ruling that DHS did not follow proper procedures when establishing DACA.
  • The district court partially stayed its order in 2021, allowing DACA beneficiaries to continue to renew their DACA grants and work authorization. DHS may not adjudicate initial DACA applications.
  • The DHS regulation was crafted to protect DACA from legal challenges; however, additional litigation is likely after the regulation is published.

Background: The Obama administration created DACA in 2012. Upon taking office, President Joe Biden directed DHS to “preserve and fortify” the program. DHS proposed the DACA regulation in September 2021 and received more than 16,000 comments on the proposal last fall. The final version of the rule cleared White House review last week.

BAL Analysis: While the Biden administration has taken steps to protect DACA, the publication of the rule will 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. For more information, please visit BAL’s DACA Resource Center here. BAL continues to review the rule and will provide updates on important developments in the ongoing litigation.

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 is urging U.S. citizens to leave Ukraine immediately as Russia increases its efforts to strike civilian and government facilities.

Key Points:

  • The State Department said it has information that indicates Russia may increase strikes on Ukraine’s civilian infrastructure and government facilities in the coming days.
  • U.S. citizens are advised to leave Ukraine immediately using privately available ground transportation if it is safe to do so.
  • The State Department continues to ask U.S. citizens in Ukraine to complete an online form to make it easier for U.S. officials to communicate with them directly. More information regarding what the U.S. can do to assist its citizens in a crisis overseas is available here.
  • Those who need immediate assistance can call +1 (888) 407-4747 (from the U.S.), +1 (202) 501-4444 (from overseas) or email KyivACS@state.gov.

Additional Information: More information regarding actions U.S. citizens can take to increase their safety 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.

U.S. Citizenship and Immigration Services (USICS) will hold a webinar next week on “Operation Allies Welcome” (OAW) and ongoing immigration support available to Afghan nationals.

Key Points:

  • The webinar will be held on Sept. 1 from 3 to 4 p.m. EST.
  • USCIS Director Ur M. Jaddou will give opening remarks on the work in support of OAW, and USCIS officials will provide more information regarding immigration pathways available to Afghan nationals in the U.S.
  • To register for the webinar, visit the USCIS public engagement page.
  • Once registered, individuals will receive a confirmation email with additional details, including how to submit questions in advance by Aug. 23.

Additional Information: President Joe Biden announced the creation of “Operation Allies Welcome” on Aug. 29, 2021, framing it as a key part of the U.S.’s efforts to support vulnerable Afghans. Since OAW’s creation, the Department of Homeland Security (DHS) has led the effort to help Afghan nationals, including those who worked alongside the U.S. in Afghanistan for the past two decades, to immigrate to the U.S. legally. Recent reporting indicates that the Biden administration is developing a portal to streamline the reunification process for Afghans and their families left behind in Afghanistan. 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.

United States Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of petitions to reach the congressionally mandated cap for H-1B visas for the 2023 fiscal year. The agency will not conduct a second H-1B registration lottery.

Key Points:

  • USCIS conducted the H-1B registration lottery on March 29, selecting 127,600 registrations from a pool of 483,927.
  • USCIS said Tuesday that it has completed sending non-selection notifications to registrants’ online accounts. Accounts for those who were not selected will show: “Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.”
  • USCIS will continue to accept cap-exempt H-1B petitions, including petitions to:
    • Extend the amount of time a current H-1B worker may remain in the U.S.
    • Change the terms of employment for current H-1B workers.
    • Allow current H-1B workers to change employers.
    • Allow current H-1B workers to work concurrently in additional H-1B positions.

BAL Analysis: USCIS’s announcement confirms that there will not be a second FY 2023 lottery. The agency received a record number of registrations in March, a sign of the ongoing popularity of the H-1B program and the high demand for a limited number of visas. BAL will continue to follow developments related to the H-1B program 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.

A rule to “preserve and fortify” Deferred Action for Childhood Arrivals (DACA) has cleared White House review.

Key Points:

  • The text of the rule is not yet available.
  • The White House Office of Management and Budget (OMB) completed its review of the rule last week. This is the final step in the regulatory process before publication in the Federal Register.
  • The Department of Homeland Security (DHS) will post the text of the regulation for public inspection at least one day before publishing it.
  • The rule will likely have a 60-day delayed effective date.
  • DHS proposed the regulation in September 2021 and received more than 16,000 comments on the proposal last fall.

Background: The Obama administration created DACA in 2012. While the program has strong support from employers, it has been the subject of extensive litigation. DHS crafted the regulation in part to protect the program from legal challenges; however; additional litigation is likely after the regulation is published.

BAL Analysis: Currently, DHS is adjudicating only renewal applications (DACA and employment authorization) and advance parole requests for existing DACA recipients. BAL continues to monitor developments related to DACA and will provide updates as information becomes available. For more information, please visit BAL’s DACA Resource Center 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.

In a recent briefing, Julie Stufft, the Deputy Assistant Secretary for Visa Services in the State Department’s Bureau of Consular Affairs, provided an update on visa services, indicating that visa processing times abroad are improving, but that progress varies across visa-adjudicating posts. “The bottom line is that we’re recovering faster than we projected after a near-complete shutdown and freezing of our consular operations overseas during the pandemic,” Stufft said. “But this progress is still uneven across many of our posts overseas and we will need some additional time and tools to resolve wait times everywhere worldwide, which is our goal.”

Key Points:

  • State Department posts overseas have adjudicated about 70 percent more nonimmigrant visas than last year.
  • Each month, posts overseas are adjudicating about 800,000 nonimmigrant visa applications—about 80% of pre-pandemic levels.
  • Immigrant visa processing is at about 95% of pre-pandemic levels at posts overseas.
  • The State Department is actively engaged in increasing the number of consular officers who are overseas adjudicating visas. Officials have doubled consular officer hiring this year from last year’s numbers.
  • The State Department has a growing team of adjudicators who are supporting high-demand posts by remotely adjudicating visa applications when possible.”

Background: The COVID-19 pandemic and related staffing issues limited the number of visas the State Department could process at embassies and consulates abroad. This led to a backlog of visa applications, delaying adjudication across visa categories. Early this year, the State Department announced that it would increase hiring to help address the problem.

BAL Analysis: While the State Department is working to address visa backlogs, continued processing delays should be expected. Service levels vary from post to post, and some applicants continue to face extensive delays in scheduling interviews or obtaining their visas.

Strategies for obtaining visas in a timely manner will vary from case to case. For example, the State Department has said that foreign nationals who face delays at their home consulate may be able to travel to a consulate in a third country to obtain services. In practice, this has proved challenging—especially for B1/B2 visa applicants—and third-country nationals often face difficulty getting an appointment. Wait times online may not be reflective of actual wait times for third-country nationals. Expedited services may be available in some cases involving business, medical or humanitarian travel; however, the availability of these services has also varied from post to post.

BAL will continue to monitor efforts to address processing delays and will provide more information as it becomes available. Employers and employees should continue to consult their BAL professional before planning international travel.

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.