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This alert has been provided by the BAL U.S. Practice Group.
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It’s Dec. 8, and this is your BAL Immigration Report.
“The world’s eyes are going to be on us — we’re really going to be the sports capital of the world over the next decade. And if past performance is indicative of future success, I just don’t think we’re there yet.”
—Gabriel Castro, BAL Senior Associate
U.S. Citizenship and Immigration Services says it needs additional funding. In a progress report, the agency said congressional appropriations last year were critical to helping reduce its case backlog and supporting humanitarian efforts. The agency now says it needs additional congressional funding and revenue from forthcoming fee increases to maintain its progress. A proposed fee rule cleared White House review last week but has not yet been published. The exact amounts of the increases remain unknown but will likely not take effect for several months. BAL will provide updates as information becomes available.
The Department of Homeland Security has once again extended the deadline for REAL ID compliance, this time pushing it back from May 2023 to May 2025. The REAL ID Act was signed into law in 2005, after the 9-11 Commission found that most of the Sept. 11 hijackers possessed fraudulent state IDs. The act requires states to issue identification documents with heightened security standards.
Beginning in May 2025, travelers 18 and up will be required to show a REAL ID-compliant driver’s license or identification card at airport security for domestic air travel. DHS cited lingering impacts of the COVID-19 pandemic and associated delays at state DMVs as significant contributors to the extension.
A conversation with BAL Senior Associate Gabriel Castro and BAL Senior Counsel Tiffany Derentz: immigration and the world of sports.
BAL Immigration Report: The World Cup quarterfinals are about to begin in Qatar. The tournament opened in November with teams from 32 countries on six continents. More than a million fans from all over the world traveled to Qatar. Gabriel Castro, an attorney in BAL’s Los Angeles office who leads the firm’s Sports and Entertainment practice, sees it as one example of why good immigration rules are so important for sports.
Castro: The World Cup is one of my favorite sporting events in the world. I think it says so much about how sports are globalizing today — and not just a traditional international sport such as soccer but also in domestic leagues here in the United States. You see over 70% of the NHL and around 25% of the NBA and the MLB are foreign-born athletes. If we want to continue attracting the top talent to play in our professional leagues, we will need an immigration system that can support those requests and bring that talent here to the U.S. to perform.
BAL: The U.S. is preparing to co-host the World Cup in 2026. It will also host the Summer Olympics and Paralympic Games in 2028 and the Rugby World Cup in 2031 and 2033.
Castro: The world’s eyes are going to be on us — we’re really going to be the sports capital of the world over the next decade. And if past performance is indicative of future success, I just don’t think we’re there yet. If we look back to the World Athletics Championships that were held in Oregon earlier this year, or even to e-sporting events that have been post-pandemic, we’ve seen time and time again performers and other athletes being delayed entering the United States or not being able to perform at all in the competitions they’re attending.
BAL: In a recent BAL perspective, Tiffany Derentz, senior counsel in BAL’s Washington, D.C., office, outlined steps the government should take to help make these events successful.
Derentz: The bottom line is that the current visa system simply will not work for these upcoming “mega” sporting events. Just think about the sheer volume of people each of these events bring. The government should look back to the 2002 Salt Lake City Olympic and Paralympic Games. Back then, the State Department amended their rules and procedures to essentially create a separate electronic visa process for accredited Olympic and Paralympic travelers. So we’re not talking about everybody, but a large group of those participating in the events were able to go through their special streamlined process.
There are also smaller steps the government can take. The government can ensure that there are dedicated points of contact for each agency or office that touches on the immigration process. And this needs to be beyond whatever the agencies may already provide, as the next 10 years are really going to require the government’s coordination with these organizations, with FIFA, with the U.S. Olympic and Paralympic Committee and so forth. These agencies should be supporting and facilitating travel to these events, and they should be doing so well in advance of the event itself. The government can also open temporary special lanes at airports and other points of entry to help expedite the arrival process. And if resources are a concern for the agencies, Congress should be ready and willing to fund programs and offices to support these events over the next decade and beyond.
BAL: Derentz and Castro both say that if the U.S. fails to streamline visa processing, it risks losing out on huge sums of money and future events.
Castro: We’re talking billions of dollars for the U.S. economy, not just for the government but for U.S. businesses that will benefit off of this. Putting that at stake over immigration issues is just unacceptable. Supporting sports immigration is supporting U.S. business at this point. It’s not just important for business in the United States — making these changes are important for the events themselves. And you want these athletes — the top athletes in the world — focusing on winning, focusing on the event and not having to stress and worry over delays happening in U.S. consulates around the world.
The Canadian government will launch a two-year program allowing spouses and working-age children of some temporary foreign workers to apply for work permits starting in January 2023. The measure aims to help address Canadian labor shortages and keep families together. Implementation will come in phases, beginning with the families of high-wage stream workers. The Canadian government estimates that family members of more than 200,000 foreign workers will be eligible for employment through the program.
In India, authorities resumed e-Visa services for British nationals. British nationals can once again use the e-Visa platform to apply for e-Tourist, e-Business and e-Conference visas online. This marks the first time British nationals can apply online for such visas since the beginning of the COVID-19 pandemic. Those intending to use the e-Visa platform are reminded to review application instructions available on India’s Bureau of Immigration website.
In Germany, officials have relaxed short-term visa application policies for Indian nationals. Individuals can now book appointments and submit applications for short-term Schengen visas at any visa application center in India, regardless of their place of residence. Previously, short-term applicants were required to visit their closest consular post. This resulted in substantial appointment backlogs in some locations as European travel demand in India increased dramatically earlier this year.
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