President Joe Biden announced Thursday the creation of a new humanitarian parole program for Ukrainians fleeing their country because of Russia’s invasion.

Key Points:

  • The program, called Uniting for Ukraine, will go live April 25, 2022.
  • Beginning on that date, U.S. individuals and entities will be able to apply to the Department of Homeland Security (DHS) to sponsor Ukrainian citizens who have been displaced because of the invasion.
  • In order to be eligible for the program, Ukrainians must have been residents of Ukraine as of Feb. 11, 2022, have a U.S.-based sponsor, complete vaccinations and other public health requirements and pass applicable screening and security checks.
  • Eligible Ukrainians will be considered on a case-by-case basis for humanitarian parole for up to two years in the U.S. Once paroled, they will be eligible for work authorization.
  • The administration stressed that Ukrainians will not be processed for the program at land borders. Beginning April 25, Ukrainians who are present at U.S. ports of entry without a valid visa or pre-authorization to travel to the U.S. will be denied entry and referred to apply through Uniting for Ukraine.

Additional Information: Uniting for Ukraine will be administered by DHS and will supplement existing legal pathways for coming to the U.S., including immigrant visas and refugee processing. In a statement, DHS said the U.S. “strongly encourages Ukrainians seeking refuge in the United States who do not have and are not eligible for a visa to seek entry via Uniting for Ukraine from Europe, this will be the safest and most efficient way to pursue temporary refuge in the United States.”

The State Department has also pledged additional resources, including resources to process Ukrainian citizens for refugee resettlement under the Lautenberg Program. It will also expand mechanisms for referrals to the U.S. Refugee Admissions Program (USRAP) and broaden access, where possible, to nonimmigrant visa processing at U.S. embassies and consulates in Europe. Consular sections will ensure individuals with humanitarian, medical or other extraordinary circumstances have access to expedited visa appointments.

BAL Analysis: Thursday’s announcement came after President Biden pledged on March 24 to welcome up to 100,000 individuals fleeing the Russian invasion of Ukraine. The U.S. has taken a number of steps to help Ukrainian nationals, including designating Ukraine for Temporary Protected Status (TPS), suspending some employment authorization requirements for certain students from Ukraine and exempting some individuals traveling from Ukraine from COVID-19 vaccination and testing requirements. BAL will continue to follow the administration’s response to the crisis in Ukraine 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.

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U.S. Immigration and Customs Enforcement (ICE) announced this week that it would continue to follow COVID-related guidance that allows some international students to take more online classes than normal.

Key Points:

  • ICE extended its guidance, originally issued in March 2020, without modification. ICE’s Student and Exchange Visitor Program (SEVP) will continue to follow the guidance for the 2022-23 academic year.
  • Under the guidance, continuing F and M nonimmigrant students may remain in the U.S. and take a fully online program of study if they have not otherwise violated the terms of their nonimmigrant status.
  • Students in new or initial status who are outside the U.S. may not enter the country if their program of study is 100% online. To be eligible to enter the U.S. in initial status, the student’s program of study must be an in-person program or a hybrid program that includes some in-person learning.

Background: ICE put the guidance in place in March 2020 as universities and colleges moved classes online because of the COVID-19 pandemic. ICE extended the policy last year and again this week. More information is available in this FAQ.

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) announced that registration for Temporary Protected Status (TPS) for Ukraine would be open from Tuesday, April 19, through Oct. 19, 2023. DHS also announced it would temporarily suspend employment authorization requirements for certain F-1 students from Ukraine.

Key Points:

  • To be eligible for TPS, Ukrainian nationals (or those without a nationality who last resided in Ukraine) must demonstrate they have resided in the U.S. continuously since April 11, 2022, and have been continuously physically present in the U.S. since April 19.
  • Previously, DHS had said the residence cutoff date would be March 1; the agency subsequently moved the date to April 11.
  • Applicants have until Oct. 19, 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 April 11 will not be eligible for TPS.
  • Ukrainian nationals (or those without a nationality who last resided in Ukraine) who are nonimmigrant F-1 students and are “experiencing severe economic hardship as a direct result of the current crisis in Ukraine” can now:
    • Request employment authorization from April 19, 2022, through Oct. 19, 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 add Ukraine under TPS was made due to Russia’s military invasion, the country’s destroyed infrastructure and the scarcity of resources, among other reasons. DHS cited similar 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.

The Department of Homeland Security (DHS) announced that registration for Temporary Protected Status (TPS) for Sudan would be open from Tuesday, April 19, through Oct. 19, 2023. DHS also announced it would temporarily suspend employment authorization requirements for certain F-1 students from Sudan.

Key Points:

  • To be eligible for TPS, Sudanese nationals (or those without a nationality who last resided in Sudan) must demonstrate they have resided in the U.S. continuously since March 1, 2022, and have been continuously physically present in the U.S. since April 19.
  • Applicants have 18 months, from April 19, 2022, through Oct. 19, 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 1 will not be eligible for TPS.
  • Sudanese nationals (or those without a nationality who last resided in Sudan) who are nonimmigrant F-1 students and are “experiencing severe economic hardship as a direct result of the current crisis in Sudan” can now:
    • Request employment authorization from April 19, 2022, through Oct. 19, 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 add Sudan under TPS was made due to the recent military takeover of Sudan’s government, political instability and ongoing humanitarian crisis. DHS cited similar 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) received a record 483,927 H-1B registrations in March and selected 127,600 registrations for which full H-1B petitions may be submitted for the 2023 fiscal year, the agency announced Thursday.

Key Points:

  • The 483,927 registrations marked a 56.8% increase over the 308,613 from last year.
  • The annual quota for cap-subject H-1B visas is 85,000 of which 20,000 are exclusively for U.S. advanced degree holders. USCIS said roughly 31% of all eligible registrations requested consideration under the advanced degree exemption.
  • USCIS selected significantly more registrations in the initial lottery than last year, when it selected 87,500 and subsequently conducted two additional lotteries.
  • The agency said it “takes into account historical data related to approvals, denials, revocations, and other relevant factors to calculate the number of petitions needed to meet the H-1B cap for a given fiscal year.”

BAL Analysis: The USCIS data demonstrates the ongoing popularity of the H-1B program and the high demand for the limited annual number of visas. Employers are encouraged to work with their BAL attorney to consider alternatives for registrations that were not selected in March’s lottery.

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

The Visa Bulletin, which was published yesterday, showed modest forward movement in India EB-2. All other priority-date cutoffs were the same as they were in the April Visa Bulletin.

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: Family-based applicants may use the applicable Dates for Filing chart for May.

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 ordered the departure of nonemergency employees and their family members from the Consulate General Shanghai district.

Key Points:

  • The State Department ordered the mandatory departure due to the ongoing COVID-19 outbreak and the related local heath control measures.
  • U.S. Mission staff will continue to be available 24 hours a day across China to provide emergency services to U.S. citizens. The State Department has adjusted staffing throughout the Mission to respond to the demand for emergency citizen services, including providing supplemental support to Consulate General Shanghai by a team at the U.S. Embassy in Beijing. Where conditions permit, U.S. citizen and visa services remain available to the public at this time; facilities at the U.S. Consulate General in Shanghai will reopen to the public as soon as possible.
  • Commercial flights for U.S. citizens wishing to depart Shanghai are available on a limited basis. U.S. citizens are encouraged to register in the Smart Traveler Enrollment Program and can contact this email for questions regarding accessing confirmed flights due to local health control measures.
  • The State Department has urged U.S. citizens to “reconsider travel” to China and not to travel to Shanghai, Jilin province or Hong Kong.

Additional Information: Chinese authorities continue to expand COVID-19 prevention and health control measures. These measures may include residential quarantines, mass testing, closures, transportation disruptions, lockdowns and possible family separation. Individuals with questions regarding other parts of China should contact the Embassy or Consulate General of the district to which they are traveling. More information regarding the current COVID-19 outbreak in Shanghai is available here.

BAL Analysis: Although visa services are available, U.S. citizens should expect delays at this time. The State Department’s ordered departure means that only emergency personnel will be present in Shanghai to provide consular services. Supplemental support from the U.S. Embassy in Beijing may further create delays in Beijing visa processing. Employers and employees should continue to consult their BAL professional before planning international travel.

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 priority-date cutoff will advance modestly in the India EB-2 category but remain the same in other key employment-based categories next month, according to the State Department’s May Visa Bulletin.

Final Action Dates: Key Movements

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 almost two months to Sept. 1, 2013.
  • 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, 2013 Current Current
EB-3 Current March 22, 2018 Current Jan. 15, 2012 Current Current

Dates for Filing: Key Movements

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 advance three months to 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 will announce soon via a web posting whether it will use the Final Action Dates or Dates for Filing chart in May. BAL will update clients once USCIS posts this information.  
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 Deferred Action for Childhood Arrivals (DACA) beneficiaries can file renewal applications online.

Key Points:

Additional Information: The U.S. Department of Homeland Security (DHS) continues to accept and adjudicate renewal DACA requests as well as requests for employment authorization. DHS is currently prohibited from granting initial DACA requests under a 2021 U.S. District Court ruling, though the agency may intake such requests. The Biden administration appealed the ruling in September. DHS has also proposed a regulation to “preserve and fortify” DACA, in a move that drew strong support from the business community.

BAL Analysis: USCIS has expanded online filing with the intent to make operations more efficient and effective for DACA renewal applicants and to minimize the agency’s reliance on paper records. BAL continues to monitor developments related to DACA and will provide updates as information becomes available. For more information, please visit BAL’s DACA Resource Center 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) has automatically extended Employment Authorization Documents (EADs) for certain Syria Temporary Protected Status (TPS) beneficiaries, and issued individual extension notices to them. The agency also provided guidance to employers on completing Form I-9 for these individuals.

Key Points:

  • The extension applies to a limited number of EADs for Syrian TPS holders whose renewal applications remain pending. These documents have a Category Code of A12 or C19 and expired on March 31, 2021, Sept. 30, 2019, or March 31 2018, and have now been extended until Sept. 24, 2022.
  • On Form I-9, employers should enter the new extension date of Sept. 24, 2022 in Section 2 under List A for affected employees who present their EAD and individual USCIS extension notice.
  • Employers must re-verify these Syrian TPS holders on Form I-9 before they start work on Sept. 25, 2022.

Additional Information: Employers using E-Verify should create a case for affected employees and enter the EAD document number on Form I-9, along with the automatically extended date of Sept. 24, 2022. More information regarding completing Form I-9 is available here.

BAL Analysis: Employers should be aware of the extension for certain TPS Syria beneficiaries and understand how to complete Form I-9 and E-Verify procedures for these employees.

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.