Episode 11: Travel ban applicants, H-1B update, foreign-born NBA players

It’s Feb. 16, and this is your BAL Immigration Report.

• The U.S. will reconsider nonimmigrant visa applications denied under Trump travel bans.
• Prospective H-1B petitioners can open new myUSCIS accounts Tuesday.
• What the National Basketball Association can tell us about the importance of hiring the best talent in the world.

“If you really want to create the best product, if you want to be the top of your industry, you’re going to have to bring in the best talent, and it doesn’t and shouldn’t matter where that talent is coming in from.”

—Gabriel Castro, BAL Senior Associate

U.S. news

Government to reconsider applicants denied visas under Trump ban

The federal government has agreed to reconsider applications for more than 41,000 nonimmigrant visa applicants who were denied visas under Trump-era travel bans. The government faced lawsuits over the denials and agreed to reconsider the applications at a conference in U.S. District Judge James Donato’s courtroom last week.

Under an order formalizing the agreement, the government will notify more than 41,000 applicants whose visas were denied that they can reapply for a nonimmigrant visa without paying a second fee. The bans restricted travel from several Muslim-majority countries, including Iran, Libya, Somalia, Syria and Yemen.

Following last week’s agreement, Judge Donato gave the government until Friday, Feb. 17, to provide more detailed plans, including a proposal for providing notice to applicants and whether additional materials will be required in order to adjudicate visa applications.

Registrants can create myUSCIS online accounts

In H-1B news, prospective petitioners can begin creating new myUSCIS registrant accounts at noon ET on Tuesday, Feb. 21. Registrants with existing accounts can begin accessing them on the same date. As we previously reported, the H-1B registration window will open March 1 and close March 17. Prospective H-1B candidates or their representatives must submit registrations via the myUSCIS web portal for each submission.

USCIS will hold a webinar on H-1B registration on Feb. 23 from 2-3 p.m. ET. More information can be found by clicking “Upcoming National Engagements” at www.uscis.gov/outreach.

U.S. news roundup

• USCIS announced updated guidance aimed at helping some children of green card applicants from aging out of eligibility for lawful permanent residence.
• The March Visa Bulletin showed no movement in key employment-based categories.
• The U.S. State Department temporarily closed a pilot program that allowed some U.S. citizens to renew their passports online. The program is expected to be fully launched later this year.

Spotlight

A conversation with BAL Senior Associate Gabriel Castro: how an influx of international players boosted the global popularity of the National Basketball Association — and coincided with higher salaries for players.

BAL Immigration Report: Sunday’s NBA All-Star Game will showcase the best basketball players in the world — six of the game’s 10 starters were born outside of the United States. Gabriel Castro, an attorney in BAL’s Los Angeles office who leads the firm’s Sports and Entertainment practice, joined us.

Castro: What’s really amazing about what’s going on in the NBA right now is expanding its international presence in terms of players. You’re seeing 120 international players on rosters this year — that’s spread across 40 countries where they’re coming from. One thing that was truly amazing on opening day this season: All 30 teams had at least one international player on their team, if not more. The leader of those was the Toronto Raptors, with eight foreign-born players on their squad. This is remarkable and demonstrates how truly international of a league the NBA has become.

It’s not just role players either — we’re talking about some of the best players in the league. The NBA All-Star Game is coming up, and you look at guys on the roster like Luka Doncic, Joel Embiid — but also the last two MVPs, Giannis [Antetokounmpo] and Nikola Jokic, are both foreign born. You’re seeing real talent come from across the world to play here in the United States.

BAL: When the U.S. Dream Team took home gold at the Barcelona Olympics in 1992, the NBA had just 21 foreign-born players, according to the National Foundation for American Policy, or NFAP. The change in the decades since has helped fuel the popularity of the NBA abroad.

Castro: What it does mean for the popularity of the NBA is that when you’re bringing in the best players from around the world, you really will have the highest level of play. And in order to maintain that elite level of competition, they have to continue bringing in these top athletes from wherever they might be coming from. Giannis is coming from Greece. In the past, you’ve seen Pau Gasol from Spain, Dirk [Nowitzki] from Germany. Anytime you see a superstar come from one of these countries, all of a sudden the popularity of the sport in that country grows and grows, and the NBA viewership in that country grows.

BAL: NFAP research shows that the average NBA player’s salary increased from $246,000 in the early 1980s, when there were few international players, to $7.7 million in 2020, when 23% of the players were foreign born. That’s an increase of more than 1,000%, even after adjusting for inflation. Castro says the NBA is not alone in needing the best talent in the world.

Castro: You can see a direct parallel in what’s going on in the NBA to any major U.S. industry where highly skilled professionals are going to be needed. If you really want to create the best product, if you want to be the top of your industry, you’re going to have to bring in the best talent, and it doesn’t and shouldn’t matter where that talent is coming in from. Whether that’s to play point guard for the Los Angeles Lakers or to be a software engineer, you’re going to want to be able to bring in the best from around the world.

Global news

Visa rules eased to help earthquake survivors

Several countries have eased visa rules for survivors of the deadly 7.8 earthquake in Turkey and Syria. In Germany, authorities announced that they would speed up visa processing for those with ties to the country if they are facing homelessness or were injured in the quake. Belgium, the Netherlands and Switzerland have adopted similar measures.

The U.S. opened a crisis center in Ankara dedicated to supporting American citizens in earthquake-affected areas of Turkey. The State Department outlined several steps individuals should take, including monitoring local media and avoiding crowds and large gatherings.

More COVID-19 entry restrictions lifted

Singapore and India are among the latest countries to lift COVID-19 entry restrictions. Individuals traveling to Singapore no longer need to test negative for COVID-19 or show proof of vaccination or recovery, nor do they need to purchase COVID-19 travel insurance. Singaporean authorities may screen travelers for other infectious diseases, including yellow fever, Middle East respiratory syndrome and Ebola. In India, authorities may screen and randomly test arriving passengers but will not require pre-departure tests or vaccinations.

Ramadan starts soon

A reminder: Immigration processing will slow down next month in parts of the Middle East, North Africa and Asia during the Islamic holy month of Ramadan. Ramadan is expected to last from about March 22 through April 21. Exact dates are dependent on lunar sightings and may vary from country to country. Those with time-sensitive applications are encouraged to file before Ramadan begins if possible.

Global news roundup

• The governments of Japan and Qatar agreed to introduce a mutual visa waiver program.
• Ireland closed the immigration investor program to new applications.
• The Portuguese government extended residence permits through the end of the year due to ongoing processing delays.

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