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President Joe Biden issued an official proclamation Tuesday rescinding travel restrictions for foreign nationals “physically present” in eight countries in Southern Africa.
Key Points:
BAL Analysis: The lifting of restrictions will ease travel from the countries covered by the ban; however, other COVID-19 travel restrictions and entry requirements remain in place and may change with little notice. Services at consulates abroad remain limited, and the State Department said that the lifting of restrictions “does not necessarily mean” that local embassies and consulates will be able to “immediately schedule all affected applicants for visa interviews.” Applicants should check the relevant embassy or consulate website for information on what services are available and for information on how to apply for a visa. 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 © 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.
The State Department has extended a temporary policy that allows some U.S. citizens to return to the U.S. on an expired passport. The policy was set to expire on Dec. 31, 2021, and will be extended until March 31, 2022.
BAL Analysis: While the extension will ease travel procedures for some U.S. citizens returning to the U.S., it only applies to a limited number of travelers. BAL continues to urge individuals to consult their BAL professional before planning international travel, as this policy may change with little notice and could affect travelers’ ability to re-enter or return to the U.S.
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.
The U.S. State Department is set to publish a proposed rule on Dec. 29 that would increase nonimmigrant and special visa application processing fees.
The Department will propose to increase fees as follows:
Additional Information: The proposed rule will be open to comments for 60 days from its publication date. Information about how to submit a comment is available here.
BAL Analysis: The State Department is proposing the adjustment to ensure that the application fees align more closely with the costs of providing the services. BAL will continue to monitor these developments and will provide updates as they become available.
The U.S. State Department has extended a policy that grants consular officers the authority to waive in-person interviews for certain temporary employment and academic-based nonimmigrant visa applicants and for any nonimmigrant visa applicants renewing a visa that has expired within the last 48 months.
Additional Information: The State Department continues to advise applicants to check the website of the relevant U.S. embassy or consulate to confirm which services are being offered and to find guidelines for applying for a visa without an interview.
BAL Analysis: While the extension of the interview waiver benefits some applicants, consular officers retain discretion to require an interview. At this time, visa services at many consulates are limited because of the COVID-19 pandemic. BAL continues to monitor the administration’s response to the pandemic and will provide updates as information becomes available.
The White House has announced that the U.S. will lift travel restrictions on eight countries in Southern Africa.
BAL Analysis: The White House is expected to issue a proclamation rescinding the restrictions in the coming days. The lifting of restrictions will ease travel from the countries covered by the ban; however, other COVID-19 travel restrictions and entry requirements remain in place and may change with little notice. Services at consulates abroad remain limited. Employers and employees should continue to consult their BAL professional before planning international travel.
U.S. Citizenship and Immigration Services (USCIS) will formally withdraw a Trump-era rule that would have replaced the current H-1B lottery with a system prioritizing individuals with the highest offered salaries.
Additional Information: The formal withdrawal is scheduled to be published in the Federal Register Wednesday, Dec. 22. A prepublication version is available here.
The final rule giving eligible applicants the option to renew passports online is scheduled to be published in the Federal Register tomorrow.
Additional Information: U.S. passport renewal applicants typically use the mail-in process, requiring applications to be initially processed through a lockbox and then sent to a passport agency or center for further processing. The final rule provides more flexibility for the renewal applicant; eliminates the physical application and lockbox processing times; and increases data quality, protection and traceability.
BAL Analysis: The rule should help streamline the renewal process for eligible U.S. passport holders. Passport applicants are reminded that the State Department is still seeing extended processing delays and should apply at least six months before planned travel.
BAL submitted a public comment to U.S. Citizenship and Immigration Services (USCIS) last week, urging the agency to modernize the Form I-9 process to allow employers to complete employment eligibility verification in an electronic environment.
The comment was submitted in response to a Request for Public Input (RPI) issued in October. U.S. Immigration and Customs Enforcement (ICE) introduced temporary measures early in the COVID-19 pandemic that allow for remote document examination in the Form I-9 process. ICE recently extended the temporary guidance through April 30, 2022.
BAL urged USCIS to develop processes that take into account the rise in remote work.
“Multiple companies that have relied on the temporary ICE policy provided positive feedback to BAL about their experiences conducting verifications remotely,” BAL wrote, adding, “They expressed strong support for making remote verification available permanently, to improve the process for both employers and employees.”
BAL also recommended broader changes to modernize the Form I-9 process, that USCIS update its Lists of Acceptable Documents and that USCIS and ICE continue to issue proactive guidance to employers about I-9 requirements.
The RPI comment period will remain open until Dec. 27. In the semi-annual regulatory agenda published this month, the Department of Homeland Security (DHS) indicated that next year it would publish a notice of proposed rulemaking on “alternative document examination procedures under certain circumstances or with respect to certain employers.”
BAL Analysis: BAL has heard from a number of companies that would like to see remote document verification be available on a permanent basis. DHS will likely take into account responses it receives to the RPI in formulating the proposal included in the regulatory agenda. 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.
U.S. Citizenship and Immigration Services (USCIS) has announced that in January it will follow the State Department’s Dates for Filing chart, as published in the January Visa Bulletin, to determine whether employment-based applicants are eligible to file for adjustment of status.
Dates for Filing for Employment-Based Preference Categories:
Additional Information: Family-based applicants may use the applicable Dates for Filing chart for January, except for F2A category applicants, who may use Final Action Dates.
Priority-date cutoffs will advance slightly or remain the same in key employment-based categories next month, according to the State Department’s January Visa Bulletin.
Key Movements: Final Action Dates
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
Dates for Filing
The Dates for Filing chart will remain the same as it was in December.
Dates for Filing for Employment-Based Preference Cases:
Additional Information: U.S. Citizenship and Immigration Services (USCIS) will announce via a web posting whether it will use the Final Action Dates or Dates for Filing chart in January. BAL will update clients once officials confirm whether the chart can be used.