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The U.S. State Department has designated Ukrainian nationals as “homeless nationals.”
Key Points:
Additional Information: There are currently 10 other countries on the Homeless Nationalities list, including Iran, Russia and Venezuela. A full list of counties and their designated immigrant visa processing posts is available here.
BAL Analysis: Visa services in Ukraine are unavailable at this time; Ukrainian visa applicants should follow the State Department’s guidance. BAL will continue to monitor the situation in Ukraine and will provide updates on significant developments.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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The U.S. State Department has designated processing posts for visa applicants from Ukraine and provided additional border-crossing guidance to U.S. citizens.
Additional Information: The State Department is recommending that U.S. citizens who are trying to leave Ukraine to consider redirecting from Poland and Moldova border crossings to border crossings in Hungary, Romania or Slovakia. Border crossings into Poland and all main border crossings into Moldova are experiencing over 30 hour wait times in some cases. Those crossing land borders should be prepared to wait many hours to cross. More information on security and border crossing issues 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.
The Department of Homeland Security (DHS) announced a new Temporary Protected Status (TPS) designation for Sudan and an extension and re-designation of TPS for South Sudan, both valid for 18 months.
Additional Information: The decision to add Sudan under TPS was made due to the recent military takeover of Sudan’s government, political instability and ongoing humanitarian crisis. The decision to extend TPS for South Sudan citizens was made due to the ongoing armed conflict and extraordinary and temporary conditions that prevent individuals from returning safely, DHS said.
The new designation of Sudan and extension and re-designation of South Sudan permits additional eligible Sudanese and South Sudanese nationals to apply or re-apply for TPS and EADs. BAL will provide additional information as it becomes available.
This alert has been provided by BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
The Department of Homeland Security (DHS) has extended an exemption from COVID-19 travel requirements for certain nonimmigrant travelers from Ukraine.
Additional Information: The Centers for Disease Control and Prevention (CDC) also extended its waiver on the pre-departure COVID-19 testing requirement through April 1 for some individuals physically present in Ukraine as of Feb. 10, including U.S. citizens, lawful permanent residents and nonimmigrant foreign nationals traveling with a U.S. citizen or lawful permanent resident who meet the requirements listed above.
BAL Analysis: Non-U.S. nonimmigrants are exempted from COVID-19 vaccination requirement so that those traveling with U.S. citizens and permanent residents can safely leave Ukraine. Such nonimmigrants are reminded that they must meet the aforementioned requirements to enter the U.S. and most follow other applicable COVID-19 guidelines.
United States Citizenship and Immigration Services (USCIS) announced Monday that it has received a sufficient number of petitions to reach the congressionally mandated caps for H-1B visas for the 2022 fiscal year.
Additional Information: Annual H-1B caps are set at 65,000 visas plus an additional 20,000 exclusively for advanced degree holders. USCIS received 308,613 registrations for FY 2022, and conducted registration lotteries in March, July and November of last year.
United States Citizenship and Immigration Services (USCIS) opened this year’s H-1B electronic registration period at noon ET today. The registration period will close at noon ET on March 18.
Here is some of the key information for those new to the process or in need of a refresher:
Background: This will be the third cap season in which USCIS will use the H-1B electronic registration process. USCIS received 308,613 registrations last year and 274,237 the year before. In each of the last two years, USCIS has conducted more than one lottery. Whether this happens again will depend on several factors, including how many petitions are submitted from among the registrations selected in the initial draw.
BAL Analysis: Demand for H-1B visas will likely be high again this cap season. Employers are encouraged to work closely with BAL regarding which petitions should be fully prepped before the registration lottery and possible H-1B alternatives for registrations that are not selected.
The U.S. State Department has suspended operations at the U.S. Embassy in Minsk and authorized the voluntary departure of nonemergency employees and family members at the U.S. Embassy in Moscow. The Department has urged American to leave both countries.
Additional Information: The State Department reissued “do not travel” warnings for Belarus and Russia. The warnings had already been in place due to COVID-19, but the State Department has expanded such warnings due to the Russian military buildup in Belarus and the invasion of Ukraine, among other reasons.
As of Feb. 28, the State Department has not designated another U.S. Embassy for processing immigrant visa applications for those living in Belarus. The State Department previously designated the U.S. Embassy in Warsaw to process immigrant visa applications for those living in Russia. Generally, nonimmigrant (temporary) visa applicants from both countries can apply at any U.S. embassy or consulate where they are physically present and can obtain an appointment. The State Department’s announcement is available here.
BAL Analysis: Companies with employees in the country are encouraged to follow State Department information and warnings closely. BAL will continue to monitor developments regarding the invasion of Ukraine and will provide more information as it becomes available.
DALLAS (Feb. 28, 2022) – Jeremy Fudge, Managing Partner of the award-winning immigration law firm BAL, has been named a 2022 Outstanding Director by the Dallas Business Journal. Jeremy is recognized for his excellence in governance and his role in the success, growth and development of BAL.
“I’m honored by this recognition from our leading local business publication,” Jeremy said. “I’m proud to help lead the amazing people at BAL as we continue to attract the top professionals in the industry, pave new ways of serving clients through our proprietary tech tools, and provide platinum-level service to our clients.”
Jeremy has overseen tremendous expansion of the firm, nationally and in the Dallas area. In just the past two years, the firm has hired over 600 employees, including 60% diversity hires. The firm’s Center of Excellence and national headquarters in Richardson grew by 18.5 percent in 2021, and is set to add another 100,000 square feet of space this summer. BAL has opened a new office every year for the past five years, including two during the pandemic (Denver and Austin), and the firm continues to expand into new markets.
As Managing Partner, Jeremy embodies the firm’s people-centric approach, not only in his unique management style, but also in his relentless support of industry-leading technology innovations and investment in people. These twin priorities enable BAL to offer exceptional client services to some of the largest multinational companies around the world, while attracting and retaining top legal talent at BAL, even in these challenging times.
Under Jeremy’s management and leadership, BAL has weathered the pandemic as well as the ensuing Great Resignation. Jeremy personally recruited several of the top immigration professionals in the country to BAL in 2021. The firm also added unlimited vacation as a benefit, developed a proprietary tool to measure and balance workloads, and automated document processing that liberates employees from mundane tasks—initiatives that make BAL the destination for the industry’s top talent.
“Jeremy embodies the firm’s mission to make a positive difference in people’s lives, whether he’s serving our corporate clients, their employees, or his own colleagues and every BAL employee,” said Partner Kortney Gibson, who oversees the Center of Excellence in Richardson.
Jeremy takes his coaching and pursuit of the exceptional beyond his professional role. A competitive runner and marathoner, he most recently coached 14 BAL attorneys and staff from couch to completion of the 2021 BMW Dallas Marathon.
A member of the Texas bar, Jeremy earned his Juris Doctor, cum laude, from The University of Texas School of Law and his Bachelor of Science, magna cum laude, in Journalism and Political Science from Baylor University.
About Berry Appleman & Leiden LLP (BAL) BAL, one of the world’s leading corporate immigration law firms, is the Most Diverse Law Firm in America (2020 and 2021) and the Best Law Firm for Women (2019 and 2020). BAL’s Cobalt® digital immigration services platform won the 2020 CODiE Award for Best Legal Tech Product and the prestigious CIO100 award for Innovative Use of Intelligent Automation in Immigration Services. The firm won Legalweek’s Most Innovative Law Firm Operations Team of the Year in 2021. BAL is singularly focused on meeting the immigration challenges of corporate clients around the world in ways that make immigration more strategic and enable clients to be more successful. Established in 1980, BAL has consistently provided immigration expertise, top-notch information security and leading technology innovation. The firm entered into a strategic alliance with Deloitte UK to create the world’s first global immigration service delivery model. BAL and its leaders are highly ranked in every major legal publication, including Best Lawyers, Chambers and Partners, The Legal 500, and Who’s Who Legal.
Media Contact: Emily Albrecht Senior Director — Marketing & Communications ealbrecht@bal.com 469-559-0174
A rule that would expand premium processing to additional benefit request types has cleared Office of Management and Budget (OMB) review.
Background: In October 2020, Congress passed a funding bill that contained changes to premium processing, including increasing fees and giving USCIS authority to expand premium processing to additional petition types designated in the law. USCIS sent the rule for OMB review in December. BAL will continue monitoring the USCIS rule and will provide updated information as it becomes available.
A federal judge recently upheld U.S. Citizenship and Immigration Services (USCIS) guidance that requires H-1B petitioners to file a new or amended petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition.
In the case, the plaintiff, ITServe Alliance, challenged guidance USCIS issued in 2015 following a USCIS Administrative Appeals Office decision in Matter of Simeio Solutions, LLC. ITServe argued that USCIS unlawfully sidestepped federal rulemaking procedures in adopting the guidance, but U.S. District Judge Trevor N. McFadden ruled in the government’s favor.
BAL Analysis: BAL will continue following the litigation over the Simeio guidance and the administration’s efforts to “modernize” the H-1B program through the regulatory process. BAL will provide updates as information becomes available.