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The State Department announced last week that it would expand its limited immigrant visa processing at the U.S. Embassy in Havana, Cuba.
Key Points:
Background: In March 2022, the State Department announced that it would resume limited immigrant visa processing at the Embassy in Cuba after it had reduced its staff and services because of the unexplained health incidents termed “Havana Syndrome.” In May, the Embassy in Havana began scheduling interviews for applicants in the IR-5 category (parents of U.S. citizens). The Embassy said last week that the expansion of limited services is “part of the broader expansion of the Embassy’s functions to facilitate diplomatic and civil society engagement and to expand the provision of consular services.” More information regarding the expansion of visa processing is available on the Embassy website.
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 Disease Control and Prevention (CDC) has lifted its COVID-19 testing requirement for inbound air travelers.
Background: The White House confirmed reports early Friday that the testing requirement would be lifted. The CDC posted its official announcement later that day.
BAL Analysis: While the COVID-19 testing requirement will soon be terminated, the U.S. continues to enforce vaccine requirements for most nonimmigrant foreign nationals. Other countries continue to enforce COVID-19 entry restrictions of their own and visa services remain delayed at many U.S. consulates abroad. Employers and employees should continue to consult their BAL professional before planning any international travel.
Priority-date cutoffs will advance modestly or remain the same in key employment-based categories next month, according to the Final Action Dates published in State Department’s July Visa Bulletin.
Final Action Dates: Key Movements
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
Additional Information: U.S. Citizenship and Immigration Services (USCIS) confirmed Friday it would use the Final Action Dates chart to determine employment-based filing eligibility in July. The Dates for Filing chart will not apply.
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 tech companies and immigration organizations are urging the Biden administration to take steps to protect the children of nonimmigrant visa holders who “age out” of their status while their parents wait for green cards to be processed.
In a letter to Homeland Security Secretary Alejandro Mayorkas, the group said said that current policies put more than 200,000 at risk of “falling through the cracks of the immigration system.”
“After spending years in the U.S., (children of nonimmigrant visa holders) risk losing the ability to stay in the U.S. once they turn 21,” the letter said. “This uncertainty harms families and prevents our companies from attracting and retaining critical talent in the U.S.”
The group said:
The Washington Post quoted a statement from a Department of Homeland Security (DHS) spokesperson saying Mayorkas “supports bipartisan legislation that offers a permanent pathway to citizenship for documented Dreamers” and that DHS is working to “maximize the number of employment-based green cards” issued this year.
BAL Analysis: The letter highlights a significant problem that limits immigration pathways for children of high-skilled immigrants and makes the recruitment and retention of high-skilled foreign nationals more difficult for employers. While proposals to offer protection to “documented Dreamers” have gained some bipartisan support, Congress has yet to take action on the issue. BAL will continue to follow the issue and will provide updates as developments occur.
The Department of Homeland Security (DHS) has sent a proposed rule to update Form I-9 employment eligibility procedures to the White House Office of Management and Budget.
Additional Information: U.S. Citizenship and Immigration Services (USCIS) is working on a separate rule to provide a new version of the Form I-9. The agency proposed a revised form in March and accepted comments on it through May 31. Officials must review the comments before finalizing revisions. The agency may make additional changes in response to comments, and will announce when a new form version will become mandatory.
BAL Analysis: DHS said that the proposal it sent to OMB may “reduce burdens on employers and employees while maintaining the integrity of the employment verification process.” BAL has welcomed the temporary flexibilities and has urged USCIS to make remote verification available permanently. BAL will continue following the proposal through the regulatory process and will provide updates as information becomes available.
The Department of Homeland Security (DHS) announced that it would open registration for Temporary Protected Status (TPS) for Cameroon on June 7. It will remain open through Dec. 7, 2023.
Additional Information: DHS made the decision to add Cameroon under TPS due to the extreme violence between government forces and armed separatist and the widespread destruction of civilian infrastructure resulting in economic instability, food insecurity and several hundred thousand displaced Cameroonians.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of May 31, the department was adjudicating applications filed in November and earlier, conducting audit reviews on applications filed in September and earlier, and reviewing appeals for reconsideration filed in January and earlier.
Average PERM processing times:
PWD Processing: As of May 31, the National Prevailing Wage Center was processing PWD requests filed in November and earlier for H-1B (OES and non-OES) and PERM (OES and non-OES) cases. Redeterminations were being considered on appeals filed March and earlier for H-1B cases and PERM cases. Center director reviews were being conducted for PERM cases filed in April 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 November and earlier and is starting to see PWDs for requests filed in November and earlier for H-1B and PERM cases.
BAL has submitted a public comment in support of U.S. Citizenship and Immigration Services (USCIS) efforts to streamline the Form I-9 and reduce burdens on employers and employees. The comment came in response to an agency proposal to revise the Form I-9 in an effort to simplify the verification of employment eligibility.
BAL urged USCIS to:
The full comment is available here.
Background: USCIS published its proposal for the revised Form I-9 on March 29, opening a public comment period that closed May 31. The proposed changes to the form include:
USCIS received more than 180 comments on the proposal. The agency will now review the comments before finalizing the revised form and may make further changes in response to comments. The current Form I-9 is scheduled to expire on Oct. 31, and USCIS will announce the date on which employers will be required to begin using the new form.
In its comment, BAL also expressed support for guidance that temporarily allows certain employers operating remotely due to COVID-19 to conduct verification of employee documents virtually, e.g., by using fax, email or video link. The measures are currently in place through Oct. 31. BAL has urged USCIS to make remote verification available permanently.
U.S. Citizenship and Immigration Services (USCIS) has expanded premium processing to certain previously filed Form I-140 petitions for executives and managers.
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 published a new version of the Form I-907 last month. The new form is dated May 31, 2022, but the agency will accept both the old and new versions in the month of June. Beginning July 1, it will only accept the new version. BAL will continue to follow the expansion of premium processing and will provide updates as information becomes available.
U.S. Citizenship and Immigration Services (USCIS) has reminded the public of special services made available to those affected by extreme situations such as the shooting in Uvalde, Texas.
On a case-by-case basis, individuals impacted by extreme situations and certain other unforeseen circumstances may request:
Additional Information: Individuals who are making a request listed above should explain how the shooting in Uvalde, Texas, 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 as supporting information.
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.