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The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of March 31, the department was adjudicating applications filed in September and earlier, conducting audit reviews on applications filed in July and earlier, and reviewing appeals for reconsideration filed in October and earlier.
Average PERM processing times:
PWD Processing: As of March 31, the National Prevailing Wage Center was processing PWD requests filed in October and earlier for H-1B (OES) cases, September and earlier for H-1B (non-OES) cases, October and earlier for PERM (OES) cases and August and earlier for PERM (non-OES) cases, according to the Labor Department. Redeterminations were being considered on appeals filed February and earlier for H-1B cases and PERM cases. Center director reviews were being conducted for PERM cases filed in February 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 September and earlier and is starting to see PWDs for requests filed in October and earlier for H-1B (OES) cases, September and earlier for H-1B (non-OES) cases, October and earlier for PERM (OES) cases and August and earlier for PERM (non-OES) cases.
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.
April 1 marked the beginning of the 90-day filing period for petitioners whose registrations were selected in this year’s H-1B lottery.
High demand and strict numerical quotas, however, mean that tens of thousands of qualified registrants were not invited to file H-1B petitions. Depending on an employee’s particular circumstances, alternative visa routes may be available. Employers are encouraged to consider alternatives for those who were not selected in the lottery. These alternatives may include:
BAL Analysis: Employers are encouraged to work with their BAL attorney to explore H-1B alternatives for their current job candidates as well as to map out long-term options for their workforce.
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. will begin accepting applications for gender-neutral passports beginning April 11, the State Department announced.
Key Points:
Additional Information: Information on how to apply can be found here. General information about passports and processing times is available here.
Immigrant and nonimmigrant visa issuance remained well below pre-pandemic levels in the 2021 fiscal year, according to U.S. State Department data.
The recently released “Report of the Visa Office 2021” showed that immigrant visa issuance ticked up slightly in FY 2021 after dropping by nearly 50 percent in FY 2020. Nonimmigrant visa issuance continued to decline after falling by more than 50 percent in FY 2020.
A full breakdown of immigrant visa issuance globally in FY 2021 is available here. Information about nonimmigrant visa issuance is available here.
State Department data also shows that immigrant visa issuance has remained relatively even in recent months, while nonimmigrant visa issuance has started to pick up.
More information on monthly visa issuance globally is available here.
BAL Analysis: The COVID-19 pandemic and related staffing and funding issues have slowed visa issuance globally, and many embassies and consulates continue to operate at a reduced capacity. The State Department has made reducing backlogs a priority, and the increase in nonimmigrant visa issuance in recent months is a positive sign. Applicants should continue to expect delays in the months ahead. Employers and employees should continue to consult their BAL professional before planning international travel.
The Department of Homeland Security (DHS) has extended an exemption that allows certain nonimmigrants traveling from Ukraine to enter the U.S. without showing proof of a COVID-19 vaccination.
Additional Information: The Centers for Disease Control and Prevention (CDC) extended its waiver on the pre-departure COVID-19 testing requirement through May 1 for some individuals physically present in Ukraine as of Feb. 10, including U.S. citizens, lawful permanent residents and nonimmigrant foreign nationals traveling with a U.S. citizen or lawful permanent resident. More information is available here.
U.S. Citizenship and Immigration Services (USCIS) has proposed a new version of the Form I-9, aiming to streamline the verification of employment eligibility.
Additional Information: BAL will follow developments related to the proposed new Form I-9. Besides the changes described above, DHS has indicated it plans to publish a notice of proposed rulemaking to provide an optional alternative to physical examination for certain employers. Temporary measures that allow for remote document verification in some cases remain in effect through April 30. BAL has urged USCIS to modernize the I-9 process. This week, BAL attorneys discussed upcoming I-9 changes at the SHRM Employment Law & Compliance Conference in a panel called “Form I-9 & E-Verify Compliance: What’s in Store for Employers in 2022.” More information is available here.
U.S. Citizenship and Immigration Services (USCIS) announced today that it has conducted the H-1B lottery after having received enough registrations for its H-1B quotas during the electronic pre-registration period.
BAL Analysis: Employers should begin preparing to file full petitions for selected candidates. While the filing period will remain open for 90 days, employers should prioritize time-sensitive candidates such as F-1 students on cap-gap and others whose status may expire soon. BAL will continue to follow developments related to the H-1B cap season and will provide updates as information becomes available.
U.S. Citizenship and Immigration Services (USCIS) posted its new premium processing regulation for public inspection today, unveiling a plan to make additional benefit categories eligible for the service in the coming months and years.
Additional Information: USCIS announced the premium processing rule as part of a broader package of initiatives to reduce backlogs and provide relief to foreign nationals affected by processing delays. USCIS recently sent a final rule for White House review that would temporarily increase the automatic extension period for certain EAD renewal applicants. The text of this rule is not yet available. USCIS is also working on hiring more officers and improving case processing technology, with the goal of shorter adjudication time frames. The COVID-19 pandemic and funding and staffing issues have exacerbated backlogs across visa categories, and USCIS officials have said reducing wait times is one of the agency’s top priorities.
BAL Analysis: The extension of premium processing to additional benefit categories will shorten processing times for eligible applicants who pay the applicable fee. USCIS will begin extending premium processing this year; however, some benefit categories will not have premium processing until FY 2025. This is because under law, USCIS must ensure that its implementation or expansion of premium processing does not result in an increase in processing times for other immigration benefit requests. BAL will continue monitoring the implementation of the premium processing regulation and other initiatives to ease immigration processing and will update clients as information becomes available.
The U.S. 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 March 31, 2022, and will be extended until June 30, 2022.
Additional Information: U.S. citizens are reminded that all air travelers, regardless of their vaccination status, must have proof of a negative COVID-19 test taken within one day of their flight’s departure to the U.S. Individuals wishing to renew their expired passport can find processing times and instructions here.
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 policies may change with little notice and could affect travelers’ ability to re-enter or return to the U.S.
The Department of Homeland Security (DHS) recently announced that it would end a temporary policy allowing employers to accept expired List B identity documents when completing Form I-9 Employment Eligibility Verification.
Additional Information: DHS adopted the temporary policy in May 2020 in response to the challenges people were facing getting List B documents renewed during the COVID-19 pandemic. DHS said that it was ending the temporary policy now that “document‑issuing authorities have reopened and/or provided alternatives to in‑person renewals.” For more information on the updated requirements, please see the table in the DHS announcement, available here.
BAL will be presenting with a USCIS representative about “Form I-9 & E-Verify Compliance: What’s in Store for Employers in 2022” at the SHRM Employment Law & Compliance Conference. For details and to register for the conference, click here.”