USCIS announces a trial launch of E-Verify Plus.

A new study finds that immigrants are strongly linked to economic growth and innovation.

And more from the head of BAL’s sports and entertainment practice on the stalled WNBA debut of basketball star Nika Mühl and the challenges foreign female athletes face with the visa process.

Get this news and more in the special extended episode of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and the BAL news site.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2024 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.

In light of ongoing uncertainties in the Permanent Labor Certification (PERM) green card process, many companies are seeking to diversify green card strategies for their employees. One increasingly common option for many companies is the national interest wavier (NIW) green card process.

Historically, PERM has been the most common pathway for foreign national workers to secure employment-based permanent residency in the United States. It can be a particularly time-consuming process (1-2 years) due to labor market tests and prolonged Department of Labor wait times. Current economic conditions and an increase in failed labor market tests have made PERM particularly challenging.

Without a successful labor market test, PERM cases are unable to move forward. Often, PERM applications will come to a halt after months of work, which can significantly impact a foreign national employee’s ability to work and live in the United States lawfully and a company’s ability to retain and attract talent.

The national interest waiver, like PERM, is a path to a green card and offers individuals who qualify a second preference employment-based category (EB-2). The key difference, however, is that national interest waivers do not need to go through a labor market test if certain criteria can be met.

In order to be eligible, foreign national workers must either:

  • Hold an advanced degree (master’s degree or higher) or a bachelor’s degree plus five years of progressive experience in a relevant field; or
  • Attain exceptional ability in the sciences, arts or business. This means a level of expertise significantly above that ordinarily encountered.

Additionally, NIWs also require that:

  • The beneficiary’s proposed endeavor (or employment) has both substantial merit and national importance;
  • The beneficiary is well-positioned to advance that endeavor; and
  • On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus a labor certification.

As NIWs do not require a labor market test, applications are not affected by economic trends and layoffs like PERM applications. In addition, processing times are shorter because NIWs do not require the Department of Labor’s involvement.

The Biden administration is fostering a favorable environment for NIW green card cases, as demonstrated by various updates and policies, especially for individuals working within critical and emerging technologies. These changes include U.S. Citizenship and Immigration Services updating its policy manual with favorable guidance, providing more deference for applicants with advanced STEM degrees and extending premium processing service to NIW petitions.

A recent Executive Order on Artificial Intelligence, for example, asks government agencies “to expand the ability of highly skilled immigrants and nonimmigrants with expertise in critical areas to study, stay, and work in the United States.” Whether the administration’s current openness to NIW petitions continues depends on several factors, including the 2024 presidential election. For this reason, many companies are being more aggressive in NIW filings so that current policy standards apply.

BAL has successfully guided numerous companies from a wide range of industries and sectors, regardless of size, in incorporating NIWs into their U.S. immigration strategies. This approach has provided valuable options and flexibility for their foreign national workers. Although not everyone is a strong candidate for an NIW, many who believe they don’t qualify might actually have a compelling case Therefore, we strongly recommend consulting with your BAL legal team to tailor the most effective strategy for your specific circumstances and to determine the most suitable path forward.

Nazish Ali and Storm Estep are both senior associates in BAL’s Dallas office. Nazish and Storm will discuss NIW best practices at a March 13 BAL Community Event and discussed NIWs on a recent episode of the BAL Immigration Report. 

 

 

 

 

 

 

 

Get this news and more in the new episode of BAL’s podcast, the BAL Immigration Report, available on AppleSpotify and Google Podcasts or on the BAL news site.

‌This alert has been provided by the BAL U.S. Practice Group.

Copyright ©2023 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.

Get this news and more in the new episode of BAL’s podcast, the BAL Immigration Report, available on AppleSpotify and Google Podcasts or on the BAL news site.

‌This alert has been provided by the BAL U.S. Practice Group.

Copyright ©2023 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.

Get this news and more in the new episode of BAL’s podcast, the BAL Immigration Report, available on AppleSpotify and Google Podcasts or on the BAL news site.

‌This alert has been provided by the BAL U.S. Practice Group.

Copyright ©2023 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.

Get this news and more in the new episode of BAL’s podcast, the BAL Immigration Report, available on AppleSpotify and Google Podcasts or on the BAL news site.

‌This alert has been provided by the BAL U.S. Practice Group.

Copyright ©2023 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.

Get this news and more in the new episode of BAL’s podcast, the BAL Immigration Report, available on AppleSpotify and Google Podcasts or on the BAL news site.

‌This alert has been provided by the BAL U.S. Practice Group.

Copyright ©2023 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.

Leading immigration law firm elevates client experience with comprehensive, multi-media immigration knowledge platform for HR professionals and foreign nationals

DALLAS – Once again transforming legal technology, Berry Appleman & Leiden LLP (BAL) has created the industry’s first multi-media platform, Advisor, dedicated to helping companies adapt to rapidly changing immigration rules.

With real-time analysis from former government officials and industry experts, Advisor helps companies understand changes in immigration law and navigate complex regulatory and compliance issues. Additionally, Advisor provides industry benchmarking, litigation updates, and resources on compliance obligations.

“There have been over 400 changes in U.S. immigration policy in less than four years,” explains BAL Partner Lynden Melmed. “That will not slow down irrespective of who is president next year. Throw in litigation and increased government enforcement, and it can overwhelm any in-house program. We are thrilled to offer the industry’s first digital platform to help our clients scale and meet those challenges.”

Advisor is an extension of BAL’s award-winning proprietary Cobalt® immigration case-management system and is continuously updated through input from BAL’s 1,200 immigration and knowledge management experts. Available anytime, anywhere, on desktop, tablet or mobile phone, Advisor includes predictive-search, and an intuitive platform for hundreds of easy-to-understand articles, explainer videos and webinars.

“Foreign workers are understandably anxious, and every time the government changes the rules it creates new stresses for them and on in-house immigration programs,” says BAL attorney Steve Plastrik, who helped create Advisor and previously worked for U.S. Citizenship and Immigration Services, “Advisor will allow in-house immigration professionals and policy teams to better meet the needs of their leadership teams, business stakeholders, and of course the employees going through the immigration system.”

“Advisor allows us to place our expert immigration knowledge directly in the hands of mobility professionals and the employees they support,” says Katie Stone, Director of BAL’s Knowledge Management team. Diem Ngo, Senior Manager of Knowledge adds, “We’re delighted to be able to deliver our best-in-class knowledge library via an ‘on demand’ platform.”

To receive more information about Advisor, please contact: BALgov@bal.com

About Berry Appleman & Leiden LLP
BAL, one of the world’s most recognized corporate immigration law firms, is the Best Lawyers® “Law Firm of the Year” in U.S. Immigration Law for 2019, the Most Diverse Law Firm in America (2020) and the National Law Journal’s Best Law Firm for Women (2019 and 2020) and #1 in its class for the Best Law Firm for Female Attorneys on Law360’s Glass Ceiling Report (2019 and 2020). BAL’s Cobalt® digital immigration services platform won the 2020 CODiE Award for Best Legal Tech Product. The firm 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, the firm provides 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, The Legal 500, and Who’s Who Legal.

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

DALLAS – Oct. 26, 2020 – Berry Appleman and Leiden LLP (BAL), one of the world’s leading corporate immigration law firms, is a Tech Titans Award finalist.

Representing the best products, technologies, and services in software, information and business technology in North Texas, Tech Titans recognizes BAL for its proprietary Cobalt® platform as a unique and breakthrough technology in corporate innovation. BAL competed against more than 160 award nominees. 

“It is an honor to be recognized as a 2020 TechTitans Award finalist,” said BAL’s Head of Products, Chanille Juneau. “BAL is proud of our technological achievements and our commitment to innovate and create new tools to continually improve our clients’ experience. This recognition is a credit to the relationships we have built with our clients and the hard work our people do every single day.”

BAL’s Cobalt® digital immigration services platform has earned numerous accolades in the legal and tech spaces, including the 2020 CIO 100 Award and the 2020 CODiE Award for Best Legal Tech Product. Cobalt is BAL’s proprietary, second-to-none immigration case management system, providing real-time visibility into clients’ immigration programs in a single platform that enables centralized program management to power companies’ business initiatives. Cobalt offers features such as the industry’s first mobile app, allowing employees to monitor their cases anywhere, anytime. With advanced application of computer vision, employees can upload documents, check case status, view milestones, and send secure messages from their phones. A leader in legal technology, BAL is ahead of its peers in enhancing the client experience through intelligent automation and computer vision technologies.

“BAL is developing truly groundbreaking technology that is transforming and challenging the traditional legal services delivery model,” explains BAL’s CIO, Vince DiMascio. “BAL is taking the leading role in pushing the boundaries of innovation while never losing sight of our mission to make a positive difference in people’s lives.”

About Berry Appleman & Leiden LLP

BAL is one of the world’s most recognized corporate immigration law firms and the Best Lawyers® “Law Firm of the Year” in U.S. Immigration Law (2019), the Most Diverse Law Firm in America (2020) and the Best Law Firm for Women by the National Law Journal (2019 and 2020) and the #1 Law Firm for Female Attorneys in its category by Law360 (2019 and 2020). BAL’s Cobalt® digital immigration services platform earned a 2020 CIO 100 Award and won the 2020 CODiE Award for Best Legal Tech Product.The firm 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, the firm provides 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, The Legal 500, and Who’s Who Legal. For more information, please visit: www.bal.com.

About Tech Titans

Tech Titans is the largest technology trade association in Texas, representing a quarter million employees through its 300 member companies. Tech Titans includes a diverse group of technology leaders from start-ups to Fortune 500 companies who collaborate to help innovation thrive in the region. As part of its goals, Tech Titans is active in:

  • Cultivating a technology community of companies, entrepreneurs, investors and students
  • Growing future tech leaders with its talent and workforce development initiative
  • Advocating technology’s advancement in governmental arenas
  • Connecting people and inspiring innovative ideas through its programs and special interest forums

For information, please visit www.techtitans.org.

Leading immigration law firm enhances client experience with Cobalt® UiPath Connectors and new types of RPA

DALLAS – In another first in the legal tech space, Berry Appleman & Leiden LLP (BAL) in partnership with Accelirate delivers first-of-its-kind UiPath connectors, empowering clients to leverage cost-effective automation to perform immigration requests and actions within BAL’s proprietary Cobalt case management software.

“We are very excited to be first to market with our Cobalt connector,” explains Ashley Fleischer, BAL’s Automation Services Manager. “Our clients are able to automate rote tasks in Cobalt, enhance quality, and ultimately work more efficiently.”

BAL collaborated with UiPath and Accelirate, the foremost enterprise robotic process automation (RPA) platform, to create the connectors and scale BAL’s legal services to meet increased client case volumes and turnaround needs. Accelirate, a member of the UiPath Services Network and a Diamond Partner, plays a key role in the firm’s automation initiatives, collaborating with BAL to identify high-volume, time-intensive internal processes to automate. The release of the BAL Cobalt UiPath Connector marks another milestone in the law firm’s use of technology. “This is an industry first for immigration. We love pushing the envelope by building solutions that add value through customer experience, productivity, quality, and speed. BAL leads its industry in technology innovation, and we are proud to partner with them,” said Ahmed Zaidi, Accelirate’s Chief Automation Officer.

“BAL is just the type of innovative organization we are eager to support, and we’re thrilled they’ve adopted our technology to further that innovation with Accelirate,” said Frank Czyz, Vice President, Americas Partners at UiPath. “Our HyperAutomation platform is meant to help companies focus on what they do best—bringing supreme products to market and delighting customers—and BAL is already doing that. As the company continues to digitize its business, we expect their results with our solution will only get better.”

Since 2018, BAL’s Automation & AI Development Center has focused on automating numerous repetitive manual tasks, including finance, reporting, and immigration processes—all with tremendous success. BAL employees are happy to leave the repetitive tasks to the robots and embrace technology as a means to an end: focusing on the human aspects of immigration and making a positive difference in people’s lives. By selectively leveraging automation, BAL’s people are able to focus on giving our clients unparalleled service, strategic analysis, and expert legal advice. Thanks to the connectors, BAL’s clients can adopt these same benefits within their own organizations and for their own internal mobility teams.

“These connectors help our clients—CDOs, CIOs, and Data teams—increase quality, velocity and efficiency in their immigration programs,” said Vince DiMascio, BAL’s CIO. “It is one more way that BAL is adding value to our legal services, enabling clients to hire and retain the best talent in the world, and powering human achievement.”

The BAL Cobalt Connector is currently available on UiPath Connect.

About Berry Appleman & Leiden LLP
BAL, one of the world’s most recognized corporate immigration law firms, is the Best Lawyers® “Law Firm of the Year” in U.S. Immigration Law for 2019, the Most Diverse Law Firm in America (2020) and the Best Law Firm for Women (2019 and 2020). BAL’s Cobalt® digital immigration services platform earned a 2020 CIO 100 Award and won the 2020 CODiE Award for Best Legal Tech Product. The firm 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, the firm provides 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, The Legal 500, and Who’s Who Legal. See website for details: https://www.bal.com/.

About Accelirate
Accelirate Inc. is the largest niche RPA Services provider in the United States and a certified Diamond Delivery Partner of UiPath. Their mission is to help companies accelerate automation using Robotic Process Automation and AI Technologies such as Machine Learning, Natural Language Processing, and Smart OCR. With a focus solely on process automation, they offer a comprehensive set of Implementation Services and Custom Automation Products for Enterprises at all stages of RPA and AI adoption. Accelirate has experience in Enterprise Automation for a variety of industries from Financial and Legal, to Consumer Manufacturing and Retail. With innovations such as their award-winning RPA90X, a 90-Day Automation Accelerator Program, and the first-ever Managed Robotic Operations Center (ROC), to monitor and support deployed automations 24/7, Accelirate is changing the face of Digital Transformation.

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