U.S. Customs and Border Protection (CBP) announced yesterday that it will increase the fees for travelers with an approved Electronic System for Travel Authorization (ESTA) to enter the U.S.

Key Points:

  • Beginning May 26, foreign nationals must pay $21 instead of $14 to travel to the U.S. with an approved ESTA.
  • The $21 fee consists of a $17 ESTA travel promotion fee and a $4 operational fee.
  • Those who have an approved ESTA do not need to reapply due to the fee increase; ESTAs are valid for up to two years.
  • The full Federal Register notice is available here.

Additional Information: ESTA is the online system through which nonimmigrant visitors intending to enter the U.S. under the Visa Waiver Program (VWP) at air or sea ports of entry must obtain an electronic travel authorization before traveling to the U.S. A list of countries eligible for the VWP 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.

U.S. Citizenship and Immigration Services (USCIS) announced Tuesday that it would make premium processing available to certain petitioners with pending Form I-140 applications under the EB-1 and EB-2 classifications.

The expansion will apply to certain previously filed Form I-140 petitions under (1) an E13 multinational executive and manager classification or (2) an E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

Key Points:

  • Beginning June 1, 2022, USCIS will accept Form I-907 premium processing requests for E13 multinational executive and manager petitions received on or before Jan. 1, 2021.
  • Beginning July 1, 2022, USCIS will accept Form I-907 premium processing requests for E21 NIW petitions received on or before June 1, 2021, and E13 multinational executive and manager petitions received on or before March 1, 2021.

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. At this time, USCIS will not accept initial Forms I-140 with a premium processing request for the classifications listed above. It will also reject premium processing requests that are filed before the applicable start date.

USCIS published a new version of the Form I-907 this week. The new form is dated May 31, 2022, but the agency will accept both the current and new versions in the month of June. Beginning July 1, it will only accept the new version.

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 National Visa Center (NVC) has indefinitely suspended its public inquiry telephone number to address critical backlogs.

Key Points:

  • The State Department said the suspension of the public inquiry will not affect the NVC’s essential functions.
  • IV applicants can use the Public Inquiry Form if they cannot find an answer to a question on https://nvc.state.gov or https://ceac.state.gov/ceac/.
  • The Department said individuals should not submit repeat inquiries on a single topic; doing so will delay the NVC’s response time.
  • The NVC’s processing timeframes for inquiries and cases are available on this website. People should not submit follow-up inquiries while a case is within the time frame listed on that website.

Additional Information: Individuals can find information regarding common inquiries for Immigrant Visas here and Nonimmigrant Visas (NIV) here. More information regarding the NVC’s suspension of its public inquiry telephone number 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.

The Department of Homeland Security (DHS) has announced that it will open registration for Temporary Protected Status (TPS) for Afghanistan on Friday, May 20. Registration will remain open through Nov. 20, 2023. DHS also temporarily suspended employment authorization requirements for certain F-1 students from Afghanistan.

Key Points:

  • To be eligible for TPS, Afghan nationals (or those without a nationality who last resided in Afghanistan) must demonstrate they have resided in the U.S. continuously since March 15, 2022, and have been continuously physically present since May 20.
  • Applicants have 18 months, from May 20, 2022, through Nov. 20, 2023, to register and complete Form I-821, Application for Temporary Protected Status. They may also request an Employment Authorization Document by submitting Form I-765.
  • Those who traveled to the U.S. after March 15 will not be eligible for TPS.
  • Afghan nationals (or those without a nationality who last resided in Afghanistan) who are nonimmigrant F-1 students and are “experiencing severe economic hardship as a direct result of the current situation in Afghanistan” can now:
    • Request employment authorization from May 20, 2022, through Nov. 20, 2023.
    • Work an increased number of hours while school is in session.
    • Reduce their course load while continuing to maintain their F-1 nonimmigrant status.
  • DHS will consider F-1 nonimmigrant students who gain employment authorization engaged in a “full course of study” for the duration of their employment authorization if the nonimmigrant student satisfies the minimum course load requirement described here.

Additional Information: The decision to designate Afghanistan for TPS was made due to the ongoing armed conflict and threat posed on civilians lives. DHS cited the same reasons in its decision to provide relief for nonimmigrant F-1 students. More information can be found 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.

U.S. Citizenship and Immigration Services (USCIS) Director Ur M. Jaddou will discuss steps the agency is taking to improve processing times during a virtual stakeholder engagement Wednesday.

  • On March 29, USCIS announced package of initiatives to reduce backlogs and provide relief to foreign nationals affected by processing delays. The agency also announced changes this month to simplify how the agency communicates case processing time data to the public.
  • The stakeholder engagement will be held tomorrow, May 18, from 2-3 p.m. ET. Director Jaddou and other USCIS leaders will discuss agency initiatives and will answer participants’ questions.

Additional Information: Visit this website for more information or to register for the event.

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 announced that in June it will follow the State Department’s Final Action Dates chart, as published in the June Visa Bulletin, to determine whether applicants are eligible to file for adjustment of status.

Final Action Dates for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines
EB-1 Current Current Current Current Current Current
EB-2 Current March 1, 2019 Current Sept. 1, 2014 Current Current
EB-3 Current March 22, 2018 Current Jan. 15, 2012 Current Current

Additional Information: Family-based applicants may use the Dates for Filing chart next month, according to the USCIS announcement. More information 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.

U.S. Citizenship and Immigration Services (USCIS) is accepting comments on its proposed revised Form I-9 through May 31.

Key Points:

  • The agency proposed the revised version of the form in March, aiming to streamline the process for verifying employment eligibility.
  • The proposed changes to the form include:
    • Condensing Sections 1 and 2 on a one-page “Main Form.”
    • Designating Section 3 the “Reverification and Rehire Supplement to the Form I-9.”
    • Adding information about the M-274 handbook and acceptable receipts to the “Lists of Acceptable Documents.”
    • Shortening the form instructions from 15 pages to seven.
  • Members of the public can submit comments on the proposed revised form between now and May 31 on the Federal eRulemaking Portal at https://www.regulations.gov. The e-Docket ID number USCIS-2006-0068. More information is available here.

Additional Information: The current form is scheduled to expire on Oct. 31. USCIS will announce the date on which employers are required to begin using the revised version of the form. BAL will continue following the proposal 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.

The India EB-2 Final Action Date will advance one year, but priority-date cutoffs in other key employment based categories will remain the same, according to the State Department’s June Visa Bulletin.

Final Action Dates

EB-1

  • All countries under EB-1 will remain current.

EB-2

  • China EB-2 will remain at March 1, 2019.
  • India EB-2 will advance one year to Sept. 1, 2014.
  • All other countries under EB-2 will remain current.

EB-3

  • China EB-3 will remain at March 22, 2018.
  • India EB-3 will remain at Jan. 15, 2012.
  • All other countries under EB-3 will remain current.

Final Action Dates for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines
EB-1 Current Current Current Current Current Current
EB-2 Current March. 1, 2019 Current Sept. 1, 2014 Current Current
EB-3 Current March 22, 2018 Current Jan. 15, 2012 Current Current

Dates for Filing

EB-1

  • All countries under EB-1 will remain current.

EB-2

  • China EB-2 will remain at April 1, 2019.
  • India EB-2 will remain at Dec. 1, 2014.
  • All other countries under EB-2 will remain current.

EB-3

  • China EB-3 will remain at April 1, 2018.
  • India EB-3 will remain at Jan. 22, 2012.
  • All other countries under EB-3 will remain current.

Dates for Filing for Employment-Based Preference Cases:

Preference All Other Countries China El Salvador Guatemala Honduras India Mexico Philippines
EB-1 Current Current Current Current Current Current
EB-2 Current April 1, 2019 Current Dec. 1, 2014 Current Current
EB-3 Current April 1, 2018 Current Jan. 22, 2012 Current Current

Additional Information: U.S. Citizenship and Immigration Services (USCIS) has not yet announced whether it will use the Final Action Dates or Dates for Filing chart in June. BAL will update clients once USCIS announces which chart will be used.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 Diseases Control and Prevention (CDC) has extended its exemption on COVID-19 testing requirements for certain travelers departing from Shanghai, China.

 Key Points:

  • The following individuals do not have to have proof of a negative pre-departure COVID-19 test or previous recovery from COVID-19 to enter the U.S. when departing from Shanghai, China.
    • U.S. citizens.
    • U.S. nationals.
    • Lawful permanent residents (LPRs).
    • Noncitizens who have a valid U.S. immigrant visa.
    • Noncitizen nonimmigrants who are traveling with a U.S. citizen or LPR and possess valid travel documents allowing them to travel to the U.S.
  • The CDC has waived the COVID-19 testing requirement for such individuals through at least June 10.

Additional Information: The U.S. has advised against travel to Shanghai at this time due to “COVID-19-related restrictions, including the risk of parents and children being separated.”

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 has announced the winners of the 2023 Diversity Visa lottery.

Key Points:

  • DV2023 entrants can check their entries on the E-DV website. Results will remain posted through Sept. 30, 2023.
  • To check their results, individuals who entered the lottery will need to provide their entry confirmation number, last name and year of birth.
  • Those who are selected in the lottery will be given instructions in Entrant Status Check about how to apply for immigrant visas for themselves and for eligible family members.
  • Selected entrants are encouraged to complete the online DS-260 application immediately to schedule an interview appointment at the appropriate U.S. Embassy or Consulate.
  • The State Department will not mail notification letters or notify selectees by email nor will U.S. embassies or consulates provide a list of selectees. The Entrant Status Check webpage is the only way to see selections.

Background: The Diversity Visa program provides for 55,000 immigrant visas (green cards) to be issued to individuals from countries with low levels of immigration to the U.S. Individuals register during an annual registration period and are selected through a random lottery. The registration period for fiscal year 2023 Diversity Visas opened Oct. 6, 2021, and closed Nov. 9, 2021. More information is available here.

Individuals who entered the Diversity Visa 2022 program have until Sept. 30, 2022, to check the status of their entry. The DV2022 registration period was from Oct. 7, 2020, until Nov. 10, 2020.

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.