The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing: As of Feb. 28, the department was adjudicating applications filed in September and earlier, conducting audit reviews on applications filed in June and earlier, and reviewing appeals for reconsideration filed in September and earlier.

Average PERM processing times:

  • Adjudication – 178 days.
  • Audit review – 292 days.

PWD Processing: As of Feb. 28, the National Prevailing Wage Center was processing PWD requests filed in August and earlier for H-1B (OES) cases, June and earlier for H-1B (non-OES) cases, September and earlier for PERM (OES) cases and June and earlier for PERM (non-OES) cases, according to the Labor Department. Redeterminations were being considered on appeals filed January and earlier for H-1B cases and December and earlier for PERM cases. Center director reviews were being conducted for PERM cases filed in January 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 August and earlier and is starting to see PWDs for requests filed in August and earlier for H-1B (OES) cases, June and earlier for H-1B (non-OES) cases, September and earlier for PERM (OES) cases and June 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.

U.S. Citizenship and Immigration Services (USCIS) has reminded the public of special services made available to those affected by extreme situations such as the invasion of Ukraine.

On a case-by-case basis, individuals affected by extreme situations and certain other unforeseen circumstances may request:

  • To change nonimmigrant status or extend nonimmigrant stay for an individual currently in the U.S.
  • Re-parole for those who have previously received parole by USCIS.
  • Expedited processing of advanced parole requests.
  • Expedited adjudication of off-campus employment authorization for F-1 students experiencing economic hardship and employment authorization applications.
  • Expedited replacement of lost or damaged immigration or travel documents issued by USCIS.
  • Consideration of fee waiver requests because the individual cannot pay.
  • Flexibility for those unable to submit evidence or respond in a timely manner to a Request for Evidence or Notice of Intent to Deny and for those unable to attend a scheduled interview with USCIS.
  • To reschedule a biometrics appointment.

Additional Information: Individuals who are making a request listed above should explain how the invasion of Ukraine created the need for such a 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.

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 has announced the designation of Ukraine for Temporary Protected Status (TPS).

Key Points:

  • The designation will remain in effect for 18 months from the date on which notice of the designation is published in the Federal Register.
  • In order to be eligible for the designation, individuals must meet applicable requirements and have continuously resided in the U.S. since March 1, 2022.
  • Individuals who attempt to travel to the U.S. after March 1, 2022, will not be eligible for TPS under this designation.
  • DHS said the forthcoming Federal Register notice would include instructions for applying for TPS and related Employment Authorization Documents (EADs).

BAL Analysis: BAL will follow developments related to Ukraine’s TPS designation and will provide updated information as it becomes available.

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 designated Ukrainian nationals as “homeless nationals.”

Key Points:

  • The State Department adds countries to the Homeless Nationalities list when the U.S. has no consular representation in a country or when the political or security situation is tenuous or uncertain enough that staff is not authorized to process immigrant visa applications.
  • For more information on designated visa processing posts for Ukrainian nationals, read BAL’s news alert here.

Additional Information: There are currently 10 other countries on the Homeless Nationalities list, including Iran, Russia and Venezuela. A full list of counties and their designated immigrant visa processing posts is available here.

BAL Analysis: Visa services in Ukraine are unavailable at this time; Ukrainian visa applicants should follow the State Department’s guidance. BAL will continue to monitor the situation in Ukraine and will provide updates on significant developments.

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 designated processing posts for visa applicants from Ukraine and provided additional border-crossing guidance to U.S. citizens.

Key Points:

  • The U.S. Consulate General in Frankfurt, Germany, will now process Ukrainian immigrant visas (IV), including Diversity Visa (DV) and Fiancé(e) (K-1) visas. The U.S. Embassy in Warsaw, Poland, will now process Ukrainian adoption cases as well as A and G diplomatic and official visas.
    • IV and DV applicants who have already been scheduled for appointments in Frankfurt or Warsaw can request their cases be transferred to another post by contacting the alternative post. The alternative post will have the choice to accept the transfer.
    • IV and DV applicants who have not been scheduled will be automatically reassigned to Frankfurt and will be notified when they receive an appointment.
    • Individuals can contact KyivIV@state.gov for questions about non-adoption IV and DV applications or ImmigrantVisasWarsaw@state.gov for questions about adoption applications.
  • Nonimmigrant visa (NIV) applications can be processed wherever a Ukrainian applicant is physically located and can schedule an appointment. A list of U.S. embassies is available here.

Additional Information: The State Department is recommending that U.S. citizens who are trying to leave Ukraine to consider redirecting from Poland and Moldova border crossings to border crossings in Hungary, Romania or Slovakia. Border crossings into Poland and all main border crossings into Moldova are experiencing over 30 hour wait times in some cases. Those crossing land borders should be prepared to wait many hours to cross. More information on security and border crossing issues is available here.

BAL Analysis: The situation in Ukraine may change with little or no notice and companies with employees in the country are encouraged to follow State Department information and warnings closely.

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 a new Temporary Protected Status (TPS) designation for Sudan and an extension and re-designation of TPS for South Sudan, both valid for 18 months.

Key Points:

  • The TPS designation for Sudan will allow Sudanese nationals and individuals without nationality who last resided in Sudan to obtain TPS if they meet eligibility requirements and can show continuous residence in the U.S. since March 1, 2022.
    • Existing TPS Sudan beneficiates will keep their TPS through Dec. 31, 2022, but are encouraged to register under the new designation to receive TPS benefits for the 18-month period and to avoid gaps in coverage.
    • DHS said a forthcoming Federal Register notice for Sudan would explain the procedures necessary to re-register or submit an initial registration application and apply for an Employment Authorization Document (EAD).
  • The extension and re-designation of TPS for South Sudan will be in effect from May 3, 2022, through Nov. 3, 2023, and will allow South Sudanese nationals who have continuously resided in the U.S. since March 1, 2022, to file initial applications.
    • Currently eligible TPS South Sudan beneficiaries can re-register and keep TPS through Nov. 3, 2023, as long as TPS eligibility requirements are met.
    • A Federal Register notice for TPS for South Sudan is available 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. The decision to extend TPS for South Sudan citizens was made due to the ongoing armed conflict and extraordinary and temporary conditions that prevent individuals from returning safely, DHS said.

The new designation of Sudan and extension and re-designation of South Sudan permits additional eligible Sudanese and South Sudanese nationals to apply or re-apply for TPS and EADs. BAL will provide additional information as it becomes available.

This alert has been provided by 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) has extended an exemption from COVID-19 travel requirements for certain nonimmigrant travelers from Ukraine.

Key Points:

  • Non-U.S. citizen nonimmigrants can enter the U.S. without showing proof that they are fully vaccinated against COVID-19 through April 1, 2022, if they:
    • Are traveling with a U.S. citizen or lawful permanent resident.
    • Were physically present in Ukraine as of Feb. 10.
    • Have valid travel documents allowing them to travel to the U.S.
  • Individuals who meet the aforementioned requirements must agree to:
    • Take a COVID-19 test within three to five days after entering the U.S.
    • Quarantine for seven days and self-isolate if they receive a positive COVID-19 test or develop COVID-19 symptoms.
    • Become fully vaccinated against COVID-19 within 60 days after entering the U.S. if they are staying in the country for longer than 60 days.

Additional Information: The Centers for Disease Control and Prevention (CDC) also extended its waiver on the pre-departure COVID-19 testing requirement through April 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 who meet the requirements listed above.

BAL Analysis: Non-U.S. nonimmigrants are exempted from COVID-19 vaccination requirement so that those traveling with U.S. citizens and permanent residents can safely leave Ukraine. Such nonimmigrants are reminded that they must meet the aforementioned requirements to enter the U.S. and most follow other applicable COVID-19 guidelines.

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.

United States Citizenship and Immigration Services (USCIS) announced Monday that it has received a sufficient number of petitions to reach the congressionally mandated caps for H-1B visas for the 2022 fiscal year.

Key Points:

  • USCIS conducted three H-1B registration lotteries in FY 2022 and will not conduct a fourth now that the cap has been reached.
  • USCIS has completed sending non-selection notifications to registrants’ online accounts.
  • USCIS will continue to accept cap-exempt H-1B petitions, including petitions to:
    • Extend the amount of time a current H-1B worker may remain in the U.S.
    • Change the terms of employment for current H-1B workers.
    • Allow current H-1B workers to change employers.
    • Allow current H-1B workers to work concurrently in additional H-1B positions.

Additional Information: Annual H-1B caps are set at 65,000 visas plus an additional 20,000 exclusively for advanced degree holders. USCIS received 308,613 registrations for FY 2022, and conducted registration lotteries in March, July and November of last year.

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.

United States Citizenship and Immigration Services (USCIS) opened this year’s H-1B electronic registration period at noon ET today. The registration period will close at noon ET on March 18.

Here is some of the key information for those new to the process or in need of a refresher:

  • Petitioners for cap-subject H-1B visas must submit an electronic registration during the registration period for each prospective H-1B candidate.
  • Petitioners or their representative must submit registrations via a myUSCIS online account and pay a $10 government filing fee for each registration.
  • Registrations cannot be submitted after the March 18 deadline. No priority is given to early submissions.
  • Following the registration period, USCIS will conduct a random lottery of properly submitted registrations if there are more registrations than visas available. The agency intends to send selection notifications via users’ myUSCIS accounts by March 31.
  • Petitioners whose registrations are selected in the lottery will be invited to file full H-1B petitions beginning April 1.

Background: This will be the third cap season in which USCIS will use the H-1B electronic registration process. USCIS received 308,613 registrations last year and 274,237 the year before. In each of the last two years, USCIS has conducted more than one lottery. Whether this happens again will depend on several factors, including how many petitions are submitted from among the registrations selected in the initial draw.

BAL Analysis: Demand for H-1B visas will likely be high again this cap season. Employers are encouraged to work closely with BAL regarding which petitions should be fully prepped before the registration lottery and possible H-1B alternatives for registrations that are not selected.

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 suspended operations at the U.S. Embassy in Minsk and authorized the voluntary departure of nonemergency employees and family members at the U.S. Embassy in Moscow. The Department has urged American to leave both countries.

Key Points:

  • As of Feb. 28, the U.S. Embassy in Minsk, Belarus, is no longer offering routine or emergency consular services. The State Department has suspended such services until further notice.
    • The State Department is advising U.S. citizens in Belarus to leave the country immediately via commercial or private means and contact a U.S. embassy in another country if consular services are needed.
    • U.S. citizens in Belarus who are in need of assistance can call the State Department at 1-606-260-4379 or email MinskConsular@state.gov from outside the U.S. or call 1-833-741-2777 from inside the U.S.
  • As of Feb. 28, the State Department has authorized the voluntary departure of eligible family members and nonemergency personnel from the U.S. Embassy in Moscow.
    • The State Department is encouraging U.S. citizens to depart Russia immediately via available commercial options.
    • U.S. citizens in Russia who are in need of assistance should consult the Embassy’s website.
    • The U.S. Embassy in Moscow continues to have a “severely limited” ability to provide routine or emergency services to U.S. citizens in Russia at this time.

Additional Information: The State Department reissued “do not travel” warnings for Belarus and Russia. The warnings had already been in place due to COVID-19, but the State Department has expanded such warnings due to the Russian military buildup in Belarus and the invasion of Ukraine, among other reasons.

As of Feb. 28, the State Department has not designated another U.S. Embassy for processing immigrant visa applications for those living in Belarus. The State Department previously designated the U.S. Embassy in Warsaw to process immigrant visa applications for those living in Russia. Generally, nonimmigrant (temporary) visa applicants from both countries can apply at any U.S. embassy or consulate where they are physically present and can obtain an appointment. The State Department’s announcement is available here.

BAL Analysis: Companies with employees in the country are encouraged to follow State Department information and warnings closely. BAL will continue to monitor developments regarding the invasion of Ukraine and will provide more information as it becomes available.

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.