Search
Contact
Login
Share this article
The U.S. State Department has provided updated guidance for individuals who are living in Russia and applying for F, M and J visas.
Key Points:
Additional Information: Applicants are reminded that unless an exception applies, they must be fully vaccinated against COVID-19 in order to travel to the U.S. More information regarding accepted vaccines and U.S. vaccination requirements is available here.
BAL Analysis: Russian nonimmigrant F, M, and J visa applicants should follow the State Department’s guidance. All other Russian nonimmigrant visa applicants may apply for a visa at a post that will accept their visa application. Immigrant visa services in Russia remain available only in Russia in very limited, emergency situations. BAL will continue to monitor the situation 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 White House announced a series of measures Friday aimed at attracting international talent in science, technology, engineering and math (STEM) fields.
Additional Information: The White House said the initiatives build on the Biden administration’s efforts to remove barriers to legal immigration and promote educational exchange, specifically mentioning Biden’s 2021 executive order on legal immigration and a joint statement on international education from U.S. Secretary of State Antony Blinken and Secretary of Education Miguel Cardona.
BAL Analysis: The STEM measures are designed to strengthen the U.S. economy and its competitiveness globally. BAL continues to review the new policies and will provide additional updates and analysis as information becomes available.
The Department of Homeland Security (DHS) has announced that beginning tomorrow, Jan. 22, all non-U.S. individuals entering the country at land ports of entry or ferry terminals will need to show proof that they are fully vaccinated against COVID-19.
Background: In November, the U.S. reopened its land borders for “nonessential” travel for individuals fully vaccinated against COVID-19. At the time, DHS said it would extend the vaccination requirement to “essential” travel in January; the agency has now confirmed Jan. 22 as the effective date. Information about the vaccines that are accepted, the type of proof required and what it means to be “fully vaccinated” is available on the DHS and CDC websites.
BAL Analysis: Non-U.S. individuals planning to enter or re-enter the U.S. by land or ferry should be sure they are familiar with the vaccination rules and are prepared to provide the required proof. BAL continues to urge foreign nationals to consult their BAL professional before planning international travel.
The Department of Homeland Security (DHS) will add 22 new qualifying fields of study to its STEM Designated Degree Program List, according to a notice scheduled to be published in the Federal Register this week.
The government uses the STEM Designated Degree Program List to determine F-1 students’ eligibility for the 24-month extension of their post-completion Optional Practical Training (OPT), based on their science, technology, engineering, or mathematics (STEM) degree. Additions to the list make more students eligible for the STEM OPT extension.
The additions mark the first major substantive update to the list since the STEP OPT regulation took effect in 2016. The 22 fields that will be added are:
The update will take effect upon the notice’s publication in the Federal Register, which is scheduled for tomorrow, Jan. 21. More information about each field of study can be found in the prepublication version of the notice, available here.
The U.S. State Department has provided updated information regarding its recently announced fee exemption for some immigrant visa applicants denied visas under Trump-era travel bans.
Under the terms of the exemption, immigrant visa applicants do not need to pay fees if:
In an FAQ posted this week, the State Department provided additional details about who qualifies for the exemption and who does not. Applicants who had a visa denied under the Trump-era entry bans are encouraged to review the FAQ and contact BAL if they believe they qualify for the exemption.
The State Department published a final rule today that exempts some immigrant visa applicants whose applications were denied under Trump-era entry bans from paying visa fees.
Background: President Joe Biden repealed the Trump proclamations his first day in office. Biden directed the State Department to develop a proposal for reconsidering applications that were denied under the Trump proclamations and to determine whether it was necessary to charge an additional fee to process these applications.
The State Department’s rule provides a one-time exemption per eligible applicant. The rule does not apply to immigrant visa applicants who were denied under the Trump proclamations on or after Jan. 20, 2020, because federal regulations already provide for the reconsideration of their previously filed applications, without an additional application fee.
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.
U.S. Citizenship and Immigration Services (USCIS) has announced that in February it will follow the State Department’s Dates for Filing chart, as published in the February Visa Bulletin, to determine whether employment-based applicants are eligible to file for adjustment of status.
Dates for Filing for Employment-Based Preference Cases
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.
H-1B denial rates continued to drop precipitously in the 2021 fiscal year, returning to pre-Trump administration levels, according to an analysis of U.S. Citizenship and Immigration Services (USCIS) data by the National Foundation for American Policy (NFAP).
FY 2021 marked the third straight year in which new employment H-1B denial rates dropped after peaking in FY 2018.
The lower denial rate in recent years is at least in part due to legal challenges that forced USCIS to issue new guidance on the adjudication of H-1B visas in June 2020
“NFAP found the denial rates in FY 2021 and FY 2015 to be similar for employers, meaning the Trump years were an aberration due to imposing restrictive policies that courts found to be unlawful,” the NFAP analysis said. The NFAP added that while the reversal of Trump administration policies is most responsible for the decline, “employers and attorneys give the Biden administration credit for adopting a more measured approach to business immigration.”
The NFAP analysis 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.
Priority-date cutoffs will advance modestly or remain the same in key employment-based categories next month, according to the State Department’s February Visa Bulletin.
Final Action Dates: Key Movements
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
Dates for Filing: Key Movements
Dates for Filing for Employment-Based Preference Cases:
Additional Information: U.S. Citizenship and Immigration Services (USCIS) will soon announce via a web posting whether it will use the Final Action Dates or Dates for Filing chart in February. BAL will update clients once officials confirm which chart will be used.
U.S. Citizenship and Immigration Services (USCIS) has reminded the public of special services available to those affected by natural disasters such as the Marshall Fire in Colorado.
On a case-by-case basis, individuals impacted by natural disasters and certain other unforeseen circumstances may request:
Additional Information: Individuals who are requesting a special service should explain how the fires in Colorado created the need for their 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.