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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:
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).
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.
The National Visa Center (NVC) has indefinitely suspended its public inquiry telephone number to address critical backlogs.
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
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.
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.
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.
Additional Information: Visit this website for more information or to register for the event.
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:
Additional Information: Family-based applicants may use the Dates for Filing chart next month, according to the USCIS announcement. More information is available here.
U.S. Citizenship and Immigration Services (USCIS) is accepting comments on its proposed revised Form I-9 through May 31.
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.
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
EB-2
EB-3
Dates for Filing
Dates for Filing for Employment-Based Preference Cases:
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.
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.”
The U.S. State Department has announced the winners of the 2023 Diversity Visa lottery.
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.