DALLAS (Feb. 28, 2022) – Jeremy Fudge, Managing Partner of the award-winning immigration law firm BAL, has been named a 2022 Outstanding Director by the Dallas Business Journal. Jeremy is recognized for his excellence in governance and his role in the success, growth and development of BAL.

“I’m honored by this recognition from our leading local business publication,” Jeremy said. “I’m proud to help lead the amazing people at BAL as we continue to attract the top professionals in the industry, pave new ways of serving clients through our proprietary tech tools, and provide platinum-level service to our clients.”

Jeremy has overseen tremendous expansion of the firm, nationally and in the Dallas area. In just the past two years, the firm has hired over 600 employees, including 60% diversity hires. The firm’s Center of Excellence and national headquarters in Richardson grew by 18.5 percent in 2021, and is set to add another 100,000 square feet of space this summer. BAL has opened a new office every year for the past five years, including two during the pandemic (Denver and Austin), and the firm continues to expand into new markets.

As Managing Partner, Jeremy embodies the firm’s people-centric approach, not only in his unique management style, but also in his relentless support of industry-leading technology innovations and investment in people. These twin priorities enable BAL to offer exceptional client services to some of the largest multinational companies around the world, while attracting and retaining top legal talent at BAL, even in these challenging times.

Under Jeremy’s management and leadership, BAL has weathered the pandemic as well as the ensuing Great Resignation. Jeremy personally recruited several of the top immigration professionals in the country to BAL in 2021. The firm also added unlimited vacation as a benefit, developed a proprietary tool to measure and balance workloads, and automated document processing that liberates employees from mundane tasks—initiatives that make BAL the destination for the industry’s top talent.

“Jeremy embodies the firm’s mission to make a positive difference in people’s lives, whether he’s serving our corporate clients, their employees, or his own colleagues and every BAL employee,” said Partner Kortney Gibson, who oversees the Center of Excellence in Richardson.

Jeremy takes his coaching and pursuit of the exceptional beyond his professional role. A competitive runner and marathoner, he most recently coached 14 BAL attorneys and staff from couch to completion of the 2021 BMW Dallas Marathon.

A member of the Texas bar, Jeremy earned his Juris Doctor, cum laude, from The University of Texas School of Law and his Bachelor of Science, magna cum laude, in Journalism and Political Science from Baylor University.

About Berry Appleman & Leiden LLP (BAL)
BAL, one of the world’s leading corporate immigration law firms, is the Most Diverse Law Firm in America (2020 and 2021) and the Best Law Firm for Women (2019 and 2020). BAL’s Cobalt® digital immigration services platform won the 2020 CODiE Award for Best Legal Tech Product and the prestigious CIO100 award for Innovative Use of Intelligent Automation in Immigration Services. The firm won Legalweek’s Most Innovative Law Firm Operations Team of the Year in 2021. BAL is singularly focused on meeting the immigration challenges of corporate clients around the world in ways that make immigration more strategic and enable clients to be more successful. Established in 1980, BAL has consistently provided immigration expertise, top-notch information security and leading technology innovation. The firm entered into a strategic alliance with Deloitte UK to create the world’s first global immigration service delivery model. BAL and its leaders are highly ranked in every major legal publication, including Best Lawyers, Chambers and Partners, The Legal 500, and Who’s Who Legal.

Media Contact:
Emily Albrecht
Senior Director — Marketing & Communications
ealbrecht@bal.com
469-559-0174

A rule that would expand premium processing to additional benefit request types has cleared Office of Management and Budget (OMB) review.

Key Points:

  • The text of the rule is not yet available. OMB review is the last step in the rulemaking process before U.S. Citizenship and Immigration Services (USCIS) can publish the rule in the Federal Register.
  • USCIS will post the text for public inspection at least a day before the rule is officially published.
  • The rule is classified as a “major rule.” These type of rules generally require a 60-day implementation delay from the date of publication.
  • USCIS will issue additional guidance regarding its implementation of the rule, including when premium processing will become available for each new filing type.

Background: In October 2020, Congress passed a funding bill that contained changes to premium processing, including increasing fees and giving USCIS authority to expand premium processing to additional petition types designated in the law. USCIS sent the rule for OMB review in December. BAL will continue monitoring the USCIS rule 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.

A federal judge recently upheld U.S. Citizenship and Immigration Services (USCIS) guidance that requires H-1B petitioners to file a new or amended petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition.

In the case, the plaintiff, ITServe Alliance, challenged guidance USCIS issued in 2015 following a USCIS Administrative Appeals Office decision in Matter of Simeio Solutions, LLC. ITServe argued that USCIS unlawfully sidestepped federal rulemaking procedures in adopting the guidance, but U.S. District Judge Trevor N. McFadden ruled in the government’s favor.

Key Points:

  • The Simeio guidance remains in effect.
  • ITServe is likely to appeal the ruling to the U.S. Court of Appeals for the District of Columbia Circuit.
  • The Department of Homeland Security (DHS) is crafting a proposed rule to “modernize” H-1B requirements that could affect the litigation.
  • According to DHS’ description, the proposed rule would include provisions that “clarify the requirement that an amended or new petition be filed where there are material changes, including by streamlining notification requirements relating to certain worksite changes, among other provisions.”

BAL Analysis: BAL will continue following the litigation over the Simeio guidance and the administration’s efforts to “modernize” the H-1B program through the regulatory process. BAL 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.

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 guidance for those who have an immigrant visa case currently pending with the U.S. Embassy in Kyiv.

Key Points:

  • Individuals who have an immigrant visa case that is currently pending with the U.S. Embassy in Kyiv can transfer processing to another U.S. embassy.
  • To transfer an immigrant visa case, individuals must contact the receiving U.S. embassy in the desired location to authorize and start the transfer process.
  • The U.S. embassy will provide a list of requirements to the immigrant visa applicant that must be met in order for the transfer process to begin.

Additional Information: Consular services at the U.S. Embassy in Kyiv have been suspended since Feb. 13. Applicants for U.S. nonimmigrant visas can apply in any country in which they are physically present. Contact information for U.S. embassies and consulates is available here. 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.

 

U.S. Citizenship and Immigration Services (USCIS) has begun allowing H-1B registrants to access myUSCIS registrant accounts ahead of the upcoming H-1B registration period.

The key dates are as follows:

  • March 1. The H-1B cap registration period opens at noon ET.
  • March 18. The registration period closes at noon ET.
  • Between March 18 and March 31. USCIS conducts a random lottery if there are more registrations than visas available. USCIS intends to notify petitioners whose registrations are selected no later than March 31.
  • April 1. Selected registrants can begin filing full H-1B petitions.

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 pool of registrations selected in the March lottery.

As of Feb. 21, registrants can create new H-1B registrant accounts. Those with an active H-1B registration account do not need to create a new one. More information is available here.

BAL Analysis: Demand for H-1B visas will likely be high again this cap season, and employers should expect candidates to have multiple job offers. Employers are encouraged to work closely with BAL regarding the immigration benefits employers can offer, which petitions should be fully prepped before the registration lottery, and possible H-1B alternatives for registrations that are not selected. USCIS is hosting an H-1B registration webinar from 2 to 3 p.m. ET on Thursday, Feb. 24. More information 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 U.S. State Department has moved its consular services personnel in Lviv, Ukraine to Poland and provided updated guidance for U.S. citizens crossing the Ukraine land border.

Key Points:

  • On Feb. 21, U.S. State Department authorities ordered its personnel in Lviv, Ukraine to spend the night in Poland; however, such personnel will regularly return to Lviv to provide emergency consular services.
  • U.S. citizens who are traveling by land from Ukraine to Hungary, Moldova, Poland, Romania or Slovakia should follow the border crossing guidance available here. The State Department continues to urge U.S. citizens to leave Ukraine immediately using commercial or private means due to the increased threat of Russian military action.
  • The State Department continues to ask U.S. citizens in Ukraine to complete this online form to make it easier for U.S. officials to communicate with them directly. U.S. citizens trying to leave Ukraine can call 1-606-260-4379 (from overseas) or 1-833-741-2777 (in the U.S.) for immediate assistance.

Additional Information: U.S. citizens in Ukraine should be aware that the U.S. government has said it will not be able to evacuate them in the event of Russian military action anywhere in Ukraine. More information for U.S. citizens in Ukraine 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) has announced that certain nonimmigrant travelers from Ukraine are exempt from the COVID-19 vaccination requirement to enter the U.S. until March 2.

Key Points:

  • Non-U.S. citizen nonimmigrants can enter the U.S. without showing proof that they are fully vaccinated against COVID-19 until March 2 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 in the event of a COVID positive test or if they 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.
  • The CDC said that between now and March 2 it will waive the pre-departure COVID-19 testing requirement 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 above.

Additional Information: The U.S. has suspended consular services in Kiev and recommended that U.S. citizens leave Ukraine, citing threats of Russian military action.

BAL Analysis: DHS has exempted certain non-U.S. nonimmigrants from the 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 must follow other applicable COVID-19 guidelines. General information on the U.S.’s COVID-19 entry policies 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 (DHS) announced Thursday that it would propose a regulation on how it will apply the “public charge” ground of inadmissibility. The agency posted a prepublication version today and will publish the official version in the coming days. The agency said it will “return to the historical understanding of the term ‘public charge.’”

Key Points:

  • The proposed rule is expected to formalize longstanding guidance that is being applied today and was in place from 1999 until the Trump administration’s 2019 regulation. This guidance requires adjudicators to consider only certain cash benefits in determining if an individual is subject to public charge inadmissibility.
  • The proposed rule is expected to continue to exclude noncash benefits from the public charge inadmissibility determination, such as food and nutrition assistance (SNAP), the Children’s Health Insurance Program (CHIP), most Medicaid benefits, housing benefits and transportation vouchers, pandemic assistance, tax credits and deductions and other earned benefits.
  • The advance copy indicates that the agency will not seek to apply the public charge determination to applications to change or extend nonimmigrant status, as the Trump administration did.
  • After the proposed regulation is officially published, DHS will accept comments from the public for a 60-day period.

Background: The Trump administration significantly expanded the scope of “public charge” inadmissibility in a 2019 regulation that faced multiple lawsuits and was vacated in court. The Biden administration did not enforce that rule and stopped defending it in legal challenges, withdrawing appeals that were pending in the U.S. Supreme Court and other appellate courts.

The Supreme Court is scheduled to hear arguments on Feb. 23 regarding whether a group of states led by Arizona may intervene to defend the Trump administration’s regulation despite the federal government’s withdrawal of its defense of the rule. The government submitted a letter today notifying the Court of the forthcoming proposal.

BAL Analysis: U.S. Citizenship and Immigration Services (USCIS) is currently applying the longstanding public charge framework that was in place before the Trump administration rule. The agency has provided guidance on its website to prevent confusion among applicants, particularly around seeking medical care during the COVID-19 pandemic.

The Biden administration’s intent to maintain the historical reading of the “public charge” ground of inadmissibility is welcome, though additional litigation is expected. BAL will follow regulatory and judicial developments and will provide updates as information 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 State Department released the March Visa Bulletin, showing priority-date cutoffs will remain the same for all employment-based categories next month. U.S. Citizenship and Immigration Services (USCIS) confirmed that it will follow the State Department’s Dates for Filing chart to determine filing eligibility next month.

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 remain at Sept. 1, 2013.
  • 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 Sept. 1, 2013 Current Current
EB-3 Current April 1, 2018 Current Jan. 22, 2012 Current Current

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.

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. Customs and Border Protection (CBP) has announced that Brazilian nationals are now eligible to apply for the U.S. Global Entry Program.

Key Points:

  • Applicants must apply through this website and pay a nonrefundable government fee of $100 for a five-year membership.
  • Once the online application is conditionally approved, applicants must schedule an interview with a CBP officer or complete their interview upon arriving in the U.S. at an Enrollment on Arrival location.
  • Global Entry membership does not replace the need for travelers to have a valid visa before travel.

Additional Information: Global Entry allows expedited clearance for pre-approved, low-risk travelers when entering the U.S. through designated airports. Those with Global Entry enter the U.S. through automatic kiosks at numerous airports located within the U.S. and at preclearance locations around the world. A pilot was launched in November 2019 to allow certain Brazilian citizens to be eligible for Global Entry. A full arrangement has now been reached. Brazil joins a list of 13 Global Entry countries, including Argentina, Colombia, Germany, India, Mexico, the Netherlands, Panama, Singapore, South Korea, Switzerland, Taiwan, and the U.K.

BAL Analysis: Brazilian nationals who frequently travel to the U.S. for business or tourism will benefit from the program, as their entry process will be expedited at many U.S. airports. Global Entry members can also benefit from security prescreening at designated international airports before boarding a flight to the U.S. Travelers are reminded that they must still have a valid visa before traveling to the U.S. and that COVID-19 vaccination and testing protocols are currently in place for inbound international air travelers.

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