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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 Dec. 31, the department was adjudicating applications filed in July and earlier, conducting audit reviews on applications filed in March and earlier, and reviewing appeals for reconsideration filed in July and earlier.
Average PERM processing times:
PWD Processing: As of Dec. 31, the National Prevailing Wage Center was processing PWD requests filed in May and earlier for H-1B (OES) cases, March and earlier for H-1B (non-OES) cases, April and earlier for PERM (OES) cases and March and earlier for PERM (non-OES) cases, according to the Labor Department. Redeterminations were being considered on appeals filed November and earlier for H-1B and 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 July and earlier and is starting to see PWDs for requests filed in May and earlier for H-1B (OES) cases, March and earlier for H-1B (non-OES) cases, April and earlier for PERM (OES) cases and March 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.
The U.S. State Department has provided updated estimates on delays for routine and expedited passport services.
Key Points:
Additional Information: Processing times do not begin the day an application is mailed but when the State Department receives the application. It may take two to four weeks from the day the application is mailed for the status of the application to state “In Process.”
Some applications may be further delayed because the State Department requests additional information. Applicants must respond to such requests in order for processing to resume. More information regarding the request for more information can be found here.
BAL Analysis: U.S. citizens intending to travel abroad and in need of a new passport should renew their passport as soon as possible to avoid delays and complications. Employers and employees should continue to consult their BAL professional before planning any international travel.
This alert has been provided by BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
The U.S. business community showed strong support for modernizing the Form I-9 process in recent comments to U.S. Citizenship and Immigration Services (USCIS).
Companies and business groups submitted their comments in response to a Request for Public Input (RPI) seeking information about employers’ experiences with remote document examination in Form I-9 employment eligibility verification.
U.S. Immigration and Customs Enforcement (ICE) has consistently extended temporary measures that allow for remote document examination during the COVID-19 pandemic; the measures are currently in place through April 30. The Business Roundtable, an association of chief executive officers of the U.S’s leading companies, said its companies and employees have appreciated the “virtual” Form I-9 policy.
“Business Roundtable applauds this and broader USCIS efforts to reduce burdens on employers, better utilize resources and improve government efficiency,” the organization said. “We stand ready to assist the Biden Administration in implementing technological solutions to modernize immigration processes while preserving their integrity.”
Specifically, the Business Roundtable urged USCIS to:
Overall, USCIS received 315 comments, including from some of the country’s largest employers. BAL submitted a comment in December.
In the semi-annual regulatory agenda last month, the Department of Homeland Security (DHS) indicated it would publish a notice of proposed rulemaking later this year on “alternative document examination procedures under certain circumstances or with respect to certain employers.” Compete America, a business coalition that advocates for creating jobs by reforming high-skilled immigration, said in its response to the RPI it was “heartened” that DHS included the proposal on its agenda.
“We urge DHS to prioritize such rulemaking and provide as much flexibility as possible to employers if it makes any changes to the process,” the organization said. “We look forward to continued dialogue with the agency and will continue working with Congress and the Biden administration to advocate for reforms to the United States immigration system.”
BAL Analysis: BAL has consistently heard from employers that would like to see remote document verification be available on a permanent basis. DHS will likely take into account the responses USCIS received in formulating its Form I-9 proposal. BAL will continue to monitor for regulatory developments and government guidance relating to the Form I-9 process and will provide updates as information becomes available.
President Joe Biden issued an official proclamation Tuesday rescinding travel restrictions for foreign nationals “physically present” in eight countries in Southern Africa.
BAL Analysis: The lifting of restrictions will ease travel from the countries covered by the ban; however, other COVID-19 travel restrictions and entry requirements remain in place and may change with little notice. Services at consulates abroad remain limited, and the State Department said that the lifting of restrictions “does not necessarily mean” that local embassies and consulates will be able to “immediately schedule all affected applicants for visa interviews.” Applicants should check the relevant embassy or consulate website for information on what services are available and for information on how to apply for a visa. Employers and employees should continue to consult their BAL professional before planning international travel.
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.
The 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 Dec. 31, 2021, and will be extended until March 31, 2022.
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 this policy may change with little notice and could affect travelers’ ability to re-enter or return to the U.S.
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.
The U.S. State Department is set to publish a proposed rule on Dec. 29 that would increase nonimmigrant and special visa application processing fees.
The Department will propose to increase fees as follows:
Additional Information: The proposed rule will be open to comments for 60 days from its publication date. Information about how to submit a comment is available here.
BAL Analysis: The State Department is proposing the adjustment to ensure that the application fees align more closely with the costs of providing the services. BAL will continue to monitor these developments and will provide updates as they become available.
The U.S. State Department has extended a policy that grants consular officers the authority to waive in-person interviews for certain temporary employment and academic-based nonimmigrant visa applicants and for any nonimmigrant visa applicants renewing a visa that has expired within the last 48 months.
Additional Information: The State Department continues to advise applicants to check the website of the relevant U.S. embassy or consulate to confirm which services are being offered and to find guidelines for applying for a visa without an interview.
BAL Analysis: While the extension of the interview waiver benefits some applicants, consular officers retain discretion to require an interview. At this time, visa services at many consulates are limited because of the COVID-19 pandemic. BAL continues to monitor the administration’s response to the pandemic and will provide updates as information becomes available.
The White House has announced that the U.S. will lift travel restrictions on eight countries in Southern Africa.
BAL Analysis: The White House is expected to issue a proclamation rescinding the restrictions in the coming days. The lifting of restrictions will ease travel from the countries covered by the ban; however, other COVID-19 travel restrictions and entry requirements remain in place and may change with little notice. Services at consulates abroad remain limited. Employers and employees should continue to consult their BAL professional before planning international travel.
U.S. Citizenship and Immigration Services (USCIS) will formally withdraw a Trump-era rule that would have replaced the current H-1B lottery with a system prioritizing individuals with the highest offered salaries.
Additional Information: The formal withdrawal is scheduled to be published in the Federal Register Wednesday, Dec. 22. A prepublication version is available here.
The final rule giving eligible applicants the option to renew passports online is scheduled to be published in the Federal Register tomorrow.
Additional Information: U.S. passport renewal applicants typically use the mail-in process, requiring applications to be initially processed through a lockbox and then sent to a passport agency or center for further processing. The final rule provides more flexibility for the renewal applicant; eliminates the physical application and lockbox processing times; and increases data quality, protection and traceability.
BAL Analysis: The rule should help streamline the renewal process for eligible U.S. passport holders. Passport applicants are reminded that the State Department is still seeing extended processing delays and should apply at least six months before planned travel.