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The U.S. State Department has provided guidance for those who have an immigrant visa case currently pending with the U.S. Embassy in Kyiv.
Key Points:
Additional Information: Consular services at the U.S. Embassy in Kyiv have been suspended since Feb. 13. Applicants for U.S. nonimmigrant visas can apply in any country in which they are physically present. Contact information for U.S. embassies and consulates is available here. 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 (USCIS) has begun allowing H-1B registrants to access myUSCIS registrant accounts ahead of the upcoming H-1B registration period.
The key dates are as follows:
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 pool of registrations selected in the March lottery.
As of Feb. 21, registrants can create new H-1B registrant accounts. Those with an active H-1B registration account do not need to create a new one. More information is available here.
BAL Analysis: Demand for H-1B visas will likely be high again this cap season, and employers should expect candidates to have multiple job offers. Employers are encouraged to work closely with BAL regarding the immigration benefits employers can offer, which petitions should be fully prepped before the registration lottery, and possible H-1B alternatives for registrations that are not selected. USCIS is hosting an H-1B registration webinar from 2 to 3 p.m. ET on Thursday, Feb. 24. More information is available here.
The U.S. State Department has moved its consular services personnel in Lviv, Ukraine to Poland and provided updated guidance for U.S. citizens crossing the Ukraine land border.
Additional Information: U.S. citizens in Ukraine should be aware that the U.S. government has said it will not be able to evacuate them in the event of Russian military action anywhere in Ukraine. More information for U.S. citizens in Ukraine 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) has announced that certain nonimmigrant travelers from Ukraine are exempt from the COVID-19 vaccination requirement to enter the U.S. until March 2.
Additional Information: The U.S. has suspended consular services in Kiev and recommended that U.S. citizens leave Ukraine, citing threats of Russian military action.
BAL Analysis: DHS has exempted certain non-U.S. nonimmigrants from the 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 must follow other applicable COVID-19 guidelines. General information on the U.S.’s COVID-19 entry policies is available here.
The Department of Homeland Security (DHS) announced Thursday that it would propose a regulation on how it will apply the “public charge” ground of inadmissibility. The agency posted a prepublication version today and will publish the official version in the coming days. The agency said it will “return to the historical understanding of the term ‘public charge.’”
Background: The Trump administration significantly expanded the scope of “public charge” inadmissibility in a 2019 regulation that faced multiple lawsuits and was vacated in court. The Biden administration did not enforce that rule and stopped defending it in legal challenges, withdrawing appeals that were pending in the U.S. Supreme Court and other appellate courts.
The Supreme Court is scheduled to hear arguments on Feb. 23 regarding whether a group of states led by Arizona may intervene to defend the Trump administration’s regulation despite the federal government’s withdrawal of its defense of the rule. The government submitted a letter today notifying the Court of the forthcoming proposal.
BAL Analysis: U.S. Citizenship and Immigration Services (USCIS) is currently applying the longstanding public charge framework that was in place before the Trump administration rule. The agency has provided guidance on its website to prevent confusion among applicants, particularly around seeking medical care during the COVID-19 pandemic.
The Biden administration’s intent to maintain the historical reading of the “public charge” ground of inadmissibility is welcome, though additional litigation is expected. BAL will follow regulatory and judicial developments and will provide updates as information becomes available.
This alert has been provided by 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 State Department released the March Visa Bulletin, showing priority-date cutoffs will remain the same for all employment-based categories next month. U.S. Citizenship and Immigration Services (USCIS) confirmed that it will follow the State Department’s Dates for Filing chart to determine filing eligibility next month.
Dates for Filing: Key Movements
EB-1
EB-2
EB-3
Dates for Filing for Employment-Based Preference Cases:
Additional Information: USCIS confirmed that it will also use Dates for Filing for family-based applicants, except for F2A category applicants, who may use Final Action Dates.
U.S. Customs and Border Protection (CBP) has announced that Brazilian nationals are now eligible to apply for the U.S. Global Entry Program.
Additional Information: Global Entry allows expedited clearance for pre-approved, low-risk travelers when entering the U.S. through designated airports. Those with Global Entry enter the U.S. through automatic kiosks at numerous airports located within the U.S. and at preclearance locations around the world. A pilot was launched in November 2019 to allow certain Brazilian citizens to be eligible for Global Entry. A full arrangement has now been reached. Brazil joins a list of 13 Global Entry countries, including Argentina, Colombia, Germany, India, Mexico, the Netherlands, Panama, Singapore, South Korea, Switzerland, Taiwan, and the U.K.
BAL Analysis: Brazilian nationals who frequently travel to the U.S. for business or tourism will benefit from the program, as their entry process will be expedited at many U.S. airports. Global Entry members can also benefit from security prescreening at designated international airports before boarding a flight to the U.S. Travelers are reminded that they must still have a valid visa before traveling to the U.S. and that COVID-19 vaccination and testing protocols are currently in place for inbound international air travelers.
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 suspended consular services at the U.S. Embassy in Kyiv and provided additional guidance to U.S. citizens in Ukraine.
Background: On Jan. 23, the State Department authorized the voluntary departure of U.S. direct hire employees and ordered the departure of family members from the U.S. Embassy in Kyiv, amid rising tensions between Ukraine and Russia. On Feb. 12, the State Department amended its previous authorization of voluntary departure and ordered the departure of most U.S. direct hire employees.
The U.S. State Department has advised U.S. citizens in Ukraine to leave the country immediately and has provided an update to its available consular services at the U.S. Embassy in Kyiv.
Background: On Jan. 23, the State Department authorized the voluntary departure of U.S. direct hire employees and ordered the departure of family members from the U.S. Embassy in Kyiv, amid rising tensions between Ukraine and Russia. In an interview on Thursday, President Biden talked about tensions rising between Russia and Ukraine and warned Americans again to leave Ukraine.
BAL Analysis: Delays should be expected for services that are available at the U.S. Embassy in Kyiv. 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.
U.S. Citizenship and Immigration Services (USCIS) has updated its guidance on medical examinations for Afghan nationals who are entering the U.S. under Operation Allies Welcome (OAW).
Additional Information: More information regarding the updated medical examination guidance is available here.