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The Department of Homeland Security (DHS) will add 22 new qualifying fields of study to its STEM Designated Degree Program List, according to a notice scheduled to be published in the Federal Register this week.
The government uses the STEM Designated Degree Program List to determine F-1 students’ eligibility for the 24-month extension of their post-completion Optional Practical Training (OPT), based on their science, technology, engineering, or mathematics (STEM) degree. Additions to the list make more students eligible for the STEM OPT extension.
The additions mark the first major substantive update to the list since the STEP OPT regulation took effect in 2016. The 22 fields that will be added are:
The update will take effect upon the notice’s publication in the Federal Register, which is scheduled for tomorrow, Jan. 21. More information about each field of study can be found in the prepublication version of the notice, 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 U.S. State Department has provided updated information regarding its recently announced fee exemption for some immigrant visa applicants denied visas under Trump-era travel bans.
Under the terms of the exemption, immigrant visa applicants do not need to pay fees if:
In an FAQ posted this week, the State Department provided additional details about who qualifies for the exemption and who does not. Applicants who had a visa denied under the Trump-era entry bans are encouraged to review the FAQ and contact BAL if they believe they qualify for the exemption.
The State Department published a final rule today that exempts some immigrant visa applicants whose applications were denied under Trump-era entry bans from paying visa fees.
Key Points:
Background: President Joe Biden repealed the Trump proclamations his first day in office. Biden directed the State Department to develop a proposal for reconsidering applications that were denied under the Trump proclamations and to determine whether it was necessary to charge an additional fee to process these applications.
The State Department’s rule provides a one-time exemption per eligible applicant. The rule does not apply to immigrant visa applicants who were denied under the Trump proclamations on or after Jan. 20, 2020, because federal regulations already provide for the reconsideration of their previously filed applications, without an additional application fee.
This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2021 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 February it will follow the State Department’s Dates for Filing chart, as published in the February Visa Bulletin, to determine whether employment-based applicants are eligible to file for adjustment of status.
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.
H-1B denial rates continued to drop precipitously in the 2021 fiscal year, returning to pre-Trump administration levels, according to an analysis of U.S. Citizenship and Immigration Services (USCIS) data by the National Foundation for American Policy (NFAP).
FY 2021 marked the third straight year in which new employment H-1B denial rates dropped after peaking in FY 2018.
The lower denial rate in recent years is at least in part due to legal challenges that forced USCIS to issue new guidance on the adjudication of H-1B visas in June 2020
“NFAP found the denial rates in FY 2021 and FY 2015 to be similar for employers, meaning the Trump years were an aberration due to imposing restrictive policies that courts found to be unlawful,” the NFAP analysis said. The NFAP added that while the reversal of Trump administration policies is most responsible for the decline, “employers and attorneys give the Biden administration credit for adopting a more measured approach to business immigration.”
The NFAP analysis is available here.
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.
Priority-date cutoffs will advance modestly or remain the same in key employment-based categories next month, according to the State Department’s February Visa Bulletin.
Final Action Dates: Key Movements
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
Dates for Filing: Key Movements
Dates for Filing for Employment-Based Preference Cases:
Additional Information: U.S. Citizenship and Immigration Services (USCIS) will soon announce via a web posting whether it will use the Final Action Dates or Dates for Filing chart in February. BAL will update clients once officials confirm which chart will be used.
U.S. Citizenship and Immigration Services (USCIS) has reminded the public of special services available to those affected by natural disasters such as the Marshall Fire in Colorado.
On a case-by-case basis, individuals impacted by natural disasters and certain other unforeseen circumstances may request:
Additional Information: Individuals who are requesting a special service should explain how the fires in Colorado created the need for their 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.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of Dec. 31, the department was adjudicating applications filed in July and earlier, conducting audit reviews on applications filed in March and earlier, and reviewing appeals for reconsideration filed in July and earlier.
Average PERM processing times:
PWD Processing: As of Dec. 31, the National Prevailing Wage Center was processing PWD requests filed in May and earlier for H-1B (OES) cases, March and earlier for H-1B (non-OES) cases, April and earlier for PERM (OES) cases and March and earlier for PERM (non-OES) cases, according to the Labor Department. Redeterminations were being considered on appeals filed November and earlier for H-1B and PERM cases. Center director reviews were being conducted for PERM cases filed in December 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 July and earlier and is starting to see PWDs for requests filed in May and earlier for H-1B (OES) cases, March and earlier for H-1B (non-OES) cases, April and earlier for PERM (OES) cases and March and earlier for PERM (non-OES) cases.
The U.S. State Department has provided updated estimates on delays for routine and expedited passport services.
Additional Information: Processing times do not begin the day an application is mailed but when the State Department receives the application. It may take two to four weeks from the day the application is mailed for the status of the application to state “In Process.”
Some applications may be further delayed because the State Department requests additional information. Applicants must respond to such requests in order for processing to resume. More information regarding the request for more information can be found here.
BAL Analysis: U.S. citizens intending to travel abroad and in need of a new passport should renew their passport as soon as possible to avoid delays and complications. Employers and employees should continue to consult their BAL professional before planning any international travel.
This alert has been provided by BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
The U.S. business community showed strong support for modernizing the Form I-9 process in recent comments to U.S. Citizenship and Immigration Services (USCIS).
Companies and business groups submitted their comments in response to a Request for Public Input (RPI) seeking information about employers’ experiences with remote document examination in Form I-9 employment eligibility verification.
U.S. Immigration and Customs Enforcement (ICE) has consistently extended temporary measures that allow for remote document examination during the COVID-19 pandemic; the measures are currently in place through April 30. The Business Roundtable, an association of chief executive officers of the U.S’s leading companies, said its companies and employees have appreciated the “virtual” Form I-9 policy.
“Business Roundtable applauds this and broader USCIS efforts to reduce burdens on employers, better utilize resources and improve government efficiency,” the organization said. “We stand ready to assist the Biden Administration in implementing technological solutions to modernize immigration processes while preserving their integrity.”
Specifically, the Business Roundtable urged USCIS to:
Overall, USCIS received 315 comments, including from some of the country’s largest employers. BAL submitted a comment in December.
In the semi-annual regulatory agenda last month, the Department of Homeland Security (DHS) indicated it would publish a notice of proposed rulemaking later this year on “alternative document examination procedures under certain circumstances or with respect to certain employers.” Compete America, a business coalition that advocates for creating jobs by reforming high-skilled immigration, said in its response to the RPI it was “heartened” that DHS included the proposal on its agenda.
“We urge DHS to prioritize such rulemaking and provide as much flexibility as possible to employers if it makes any changes to the process,” the organization said. “We look forward to continued dialogue with the agency and will continue working with Congress and the Biden administration to advocate for reforms to the United States immigration system.”
BAL Analysis: BAL has consistently heard from employers that would like to see remote document verification be available on a permanent basis. DHS will likely take into account the responses USCIS received in formulating its Form I-9 proposal. BAL will continue to monitor for regulatory developments and government guidance relating to the Form I-9 process and will provide updates as information becomes available.