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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:
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
The U.S. State Department has suspended consular services at the U.S. Embassy in Kyiv and provided additional guidance to U.S. citizens in Ukraine.
Background: On Jan. 23, the State Department authorized the voluntary departure of U.S. direct hire employees and ordered the departure of family members from the U.S. Embassy in Kyiv, amid rising tensions between Ukraine and Russia. On Feb. 12, the State Department amended its previous authorization of voluntary departure and ordered the departure of most U.S. direct hire employees.
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 U.S. State Department has advised U.S. citizens in Ukraine to leave the country immediately and has provided an update to its available consular services at the U.S. Embassy in Kyiv.
Background: On Jan. 23, the State Department authorized the voluntary departure of U.S. direct hire employees and ordered the departure of family members from the U.S. Embassy in Kyiv, amid rising tensions between Ukraine and Russia. In an interview on Thursday, President Biden talked about tensions rising between Russia and Ukraine and warned Americans again to leave Ukraine.
BAL Analysis: Delays should be expected for services that are available at the U.S. Embassy in Kyiv. 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.
U.S. Citizenship and Immigration Services (USCIS) has updated its guidance on medical examinations for Afghan nationals who are entering the U.S. under Operation Allies Welcome (OAW).
Additional Information: More information regarding the updated medical examination guidance is available here.
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) announced a new mission statement Wednesday, one that the agency said reflects the Biden administration’s priorities and Director Ur M. Jaddou’s vision.
The new mission statement is: “USCIS upholds America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve.”
Last year, USCIS accepted submissions from employees on the words that they felt best illustrated the agency’s work, and their feedback was taken into consideration when developing the statement, the agency said.
“At its core, USCIS is about delivering decisions to families, businesses, workers, and those seeking refuge in our country on their applications, petitions, requests, and appeals,” Director Jaddou said. “This new mission statement reflects the inclusive character of both our country and this agency.”
Director Jaddou’s full statement is available here.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of Jan. 31, the department was adjudicating applications filed in August and earlier, conducting audit reviews on applications filed in April and earlier, and reviewing appeals for reconsideration filed in August and earlier.
Average PERM processing times:
PWD Processing: As of Jan. 31, the National Prevailing Wage Center was processing PWD requests filed in August and earlier for H-1B (OES) cases, May and earlier for H-1B (non-OES) cases, August and earlier for PERM (OES) cases and April 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 December 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, May and earlier for H-1B (non-OES) cases, August and earlier for PERM (OES) cases and April and earlier for PERM (non-OES) cases.
U.S. Citizenship and Immigration Services (USCIS) is taking steps to reduce its case backlog and improve processing times, officials said at an online event this week.
The COVID-19 pandemic and related funding and staffing issues have exacerbated the backlog across categories. At the end of FY 2021, more than 8 million cases were pending before USCIS, a 31 percent increase over the previous year. At a webinar marking the one-year anniversary of White House executive orders on immigration, USCIS Director Ur M. Jaddou said reducing the backlog is one of the agency’s top priorities.
“It doesn’t matter what benefit we are talking about or what you applied for, every single applicant who seeks a benefit from USCIS is entitled to a timely decision,” Jaddou said.
Officials said USCIS is taking the following steps:
Background: USCIS officials touched on a wide range of other topics during the webinar, including policy updates, efforts to improve the country’s asylum process, the status of service center operations and plans to expand online filing. The full webinar is available here.
The State Department has also grappled with processing delays and staffing shortages. In a recent Q&A with the American Immigration Lawyers Association (AILA), the State Department’s Bureau of Consular Affairs said it is increasing staff but that delays will likely persist for some time. The full Q&A is available here.
BAL Analysis: USCIS continues to work through a backlog that has slowed processing times and affected the issuance of green cards, employment authorization documents, advance parole and other immigration benefits. Some of the measures USCIS is taking, e.g., reusing biometrics or waiving in-person interviews, are only available in certain circumstances. Petitioners and applicants should work closely with BAL on case-specific questions. BAL will continue to monitor delays at USCIS and will provide updates on important developments.
The U.S. State Department is adding foreign service officers to help reduce visa backlogs around the world but anticipates delays will continue in the months ahead, according to information recently posted to the State Department website.
The COVID-19 pandemic has limited the number of visas the State Department can process and the services that are available at embassies and consulates. According to recent data, more than 439,000 eligible immigrant visa applicants still need to have interviews scheduled after January 2022 appointments were filled.
In a Q&A with the American Immigration Lawyers Association (AILA), the State Department’s Bureau of Consular Affairs said it was taking steps to address the problem. The Bureau said:
Additional Information: In the Q&A, the Bureau also answered questions from AILA on the U.S.’s vaccine and testing requirements for international travel, the Visa Bulletin and immigration issues related to the U.S.’s withdrawal from Afghanistan, among other topics. The full Q&A is available here.
BAL Analysis: While the State Department is working to address visa backlogs, many embassies and consulates continue to operate at a reduced capacity because of COVID-19. Continued visa processing delays should be expected. BAL will continue to monitor efforts to address processing delays and will provide more information as it becomes available. Employers and employees should continue to consult their BAL professional before planning international travel.
United States Citizenship and Immigration Services (USCIS) announced Friday that its H-1B electronic registration period will open at noon ET on March 1 and will close at noon ET on March 18.
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 initial draw.
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 (e.g., immediate green card sponsorship), which petitions should be fully prepped before the registration lottery, and possible H-1B alternatives for registrations that are not selected.
The U.S. State Department has authorized the voluntary departure of U.S. government employees and ordered the departure of family members from the U.S. Embassy in Kiev, Ukraine. The move came amid rising tensions between Ukraine and Russia.
BAL Analysis: While the embassy said it would be able to meet an uptick in demand, consular services had already been limited because of COVID-19. Delays should be expected for services that are available. 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.