U.S. Customs and Border Protection (CBP) announced today that Australia is now an official Global Entry partner country, making Australia one of 19 partner countries whose citizens can apply for Global Entry membership.

Key Points:

  • Australian Global Entry applicants undergo rigorous and recurring vetting by both the U.S. and Australian authorities, including an in-person interview before initial enrollment.
  • Australia is processing Global Entry applications in a two-phased approach, with a limited number of applications for phase one. Applications for phase one are now open. Phase two will allow all Australian citizens to apply for Global Entry. An Australian Department of Home Affairs Global Entry program webpage has more information on the program.
  • To maintain low-risk traveler status, Global Entry members must not violate any of the program’s terms and conditions. Violations will result in enforcement action and termination of the traveler’s membership privileges.

Additional Information: Global Entry is one of CBP’s four Trusted Traveler Programs. The program also provides access to TSA PreCheck for eligible members, offering quicker security screening for domestic travelers at participating U.S. airports.

Additional Global Entry partner countries include Argentina, Bahrain, Brazil, Colombia, Croatia, the Dominican Republic, Germany, India, Japan, Mexico, the Netherlands, Panama, the Republic of Korea, Singapore, Switzerland, Taiwan, the United Arab Emirates and the United Kingdom.

Global Entry partnerships enhance security and promote bilateral trade, tourism and cultural exchange by allowing pre-vetted, low-risk Australian citizens expedited customs and immigration processing upon arrival to the U.S.

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

Copyright © 2025 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 this week’s episode, Gabe Mozes and Jeff Robins introduce BAL’s newest office in Atlanta and litigation service group while diving into their deep experience in immigration.

Explore more episodes of the BAL Immigration Report podcast, available on AppleSpotify and the BAL immigration news page.

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

Copyright © 2025 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 updated policy guidance to clarify how it evaluates eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW).

Key Points:

  • The new policy guidance addresses:
    • How USCIS considers whether the occupation in which an advanced degree professional proposes to advance an endeavor is a profession
    • How USCIS considers whether the five years of post-bachelor’s experience is in the specialty in which the petitioner is seeking an NIW
    • How exceptional ability must relate to the endeavor proposed as part of the NIW request and is determined on a case-by-case basis
    • How USCIS evaluates whether a proposed endeavor has national importance
    • How USCIS evaluates evidence, such as letters of support and business plans, when determining whether a person is well positioned to advance an endeavor
  • The new policy guidance builds on a previous policy manual update that covered the unique considerations for persons with advanced degrees in science, technology, engineering and math fields, as well as entrepreneurs.
  • This guidance is effective immediately and applies to requests pending or filed on or after the publication date of Jan. 15, 2025.

Additional Information: While an EB-2 petition is typically filed by an employer after obtaining a labor certification from the Department of Labor, USCIS can waive this requirement if it is in the interest of the United States. Petitioners seeking an NIW must first demonstrate that they qualify for the underlying EB-2 classification as either a member of the professions holding an advanced degree or an individual of exceptional ability in the sciences, arts or business.

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

Copyright © 2025 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 Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing Times: As of Jan. 1, 2025, the department was adjudicating PERM applications filed in September 2023 and earlier and reviewing appeals for reconsideration filed in July 2024 and earlier.

Average Number of Days to Process PERM Applications

Determinations Month Calendar Days
Analyst Review December 2024 462
Audit Review December 2024 N/A

PWD Processing Times: As of Jan. 1, 2025, the National Prevailing Wage Center was processing PWD requests filed in June 2024 and earlier for H-1B Occupational Employment and Wage Statistics (OEWS) and non-OEWS cases, and for PERM OEWS cases and non-OEWS cases.

Redeterminations were being considered on appeals filed in September 2024 and earlier for H-1B and PERM cases.

Center Director Reviews were being conducted for H-1B cases filed in August 2024 and earlier, and PERM cases filed in April 2024 and earlier.

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

Copyright © 2025 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 Edakunni v. Mayorkas settlement, in which U.S. Citizenship and Immigration Services agreed to simultaneous adjudications of “bundled” H-4 and L-2 applications for dependent status and employment authorization, is set to expire on Jan. 18.

Key Points:

  • Under the 2023 Edakunni v. Mayorkas settlement, USCIS said it would go back to prior practices and adjudicate these applications at the same time as the principal case, if filed together.
  • The terms of the settlement took effect Jan. 25, 2023, and expire on Jan. 18, 2025.
  • When the settlement expires, USCIS will no longer be required to adjudicate concurrently filed applications.
  • At this point, USCIS has not released any guidance on whether it will extend the terms of the settlement and continue to adjudicate bundled dependent applications.

Additional Information: During the first Trump administration, USCIS had started to “unbundle” adjudications of concurrently filed I-539 and I-765 applications for L-2 and H-4 dependents due to a biometrics requirement. The delays associated with these applications resulted in dependents not having a valid status document for several weeks or sometimes months as well as extended gaps in work authorization.

The 2023 Edakunni v. Mayorkas settlement was a form of relief for L-2 and H-4 dependents, specifically as it relates to these spouses maintaining their U.S. work authorization, ability to timely renew their driver’s licenses and other nonimmigration benefits that may require them to have a valid I-94 or employment authorization document.

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

Copyright © 2025 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 has not officially announced the exact start date of the H-1B fiscal year (FY) 2026 cap season, but there are important reminders regarding the H-1B electronic registration process and H-1B cap season that employers should consider with their preparations and planning for hiring foreign nationals.

Key Points:

  • The new revised Form I-129, Petition for a Nonimmigrant Worker, goes into effect on Jan. 17, 2025. There will be no grace period. Prior 04/01/24 editions of the form will be rejected if received on or after Jan. 17. Instructions for using the new form can be found here.
  • As documented in the USCIS and Department of Homeland Security fee schedule published on Jan. 6, 2025, the general filing fee for H-1B registration has increased to $215 per beneficiary. Employers should note that additional fees may apply, depending on various other criteria. BAL provides a free USCIS fee calculator to help with determining costs.
  • USCIS has revised the regulatory definition of and criteria for H-1B specialty occupations by requiring employers to provide more detailed evidence that a position requires a degree in a specific field of study and demonstrate that the degree is “directly related” to the position’s duties. Employers should review records of current and prospective foreign national employees to identify those eligible for H-1B status for FY 2026.
  • Although USCIS has not officially announced specific dates for the FY 2026 lottery process, approximate dates based on historical record suggest that the lottery registration period could open March 1, 2025.
  • USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected from the designated cap lottery on April 1, 2025.

Additional Information: Updates to the FY 2026 H-1B registration process reflect the final rule for H-1B modernization published on Dec. 18, 2024, with provisions taking effect Jan. 17, 2025.

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

Copyright © 2025 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 published a Federal Register notice providing updated procedures for submitting a Form I-140, Immigrant Petition for Alien Workers, accompanied by a permanent labor certification, application for Schedule A designation or national interest waiver (NIW) request.

Key Points:

  • Employers whose labor certifications were processed in the Foreign Labor Application Gateway (FLAG) system must include a printed copy of the electronic Final Determination with their Form I-140. USCIS will consider this printed copy as an original, approved labor certification.
  • The Final Determination must be completed and electronically signed by the Department of Labor and must be signed by the foreign worker, employer and the employer’s attorney or agent, if applicable.
  • Form I-140 petitions for Schedule A occupations must contain a completed, uncertified Form ETA-9089 and the following:
    • All applicable appendices
    • A signed Final Determination
    • A valid prevailing wage determination tracking number in Section E, Item 1, of the Form ETA-9089
  • A Form I-140 petition with an NIW request must contain a copy of the Form ETA-9089, Appendix A and a signed Final Determination.
  • The entire Federal Register notice can be read here.

Additional Information: Since June 1, 2023, USCIS has been adjudicating Form I-140 petitions filed with permanent labor certification Final Determinations, Schedule A applications and NIW requests using the edition of the Form ETA-9089 and applicable appendices developed for the FLAG system. This update is meant to make the public aware of the new documentary requirements for permanent labor certification approvals, Schedule A applications and NIW requests submitted with Form I-140 petitions following the implementation of the FLAG system.

More information on Form I-140 petition filing and processing procedures can be found here.

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

Copyright © 2025 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 announced records set by the Bureau of Consular Affairs under the Biden-Harris administration, including U.S. passport and visa services.

Key Points:

  • Since 2021, the State Department has issued 90 million U.S. passports, bringing the number of valid U.S. passports in circulation to an all-time high of nearly 170 million.
  • In 2024, the State Department unveiled the largest expansion of passport services in decades, with plans to open six new passport agencies in coming years.
  • Since 2021, U.S. embassies and consulates abroad have issued approximately 30 million nonimmigrant visas, with a record 11.5 million visas issued in fiscal year 2024 alone.
  • In 2024, the State Department piloted a domestic visa renewal program allowing skilled workers supporting U.S. companies to renew their visas within the U.S. This initiative benefited more than 6,000 applicants from 2,400 companies, reducing disruptions and ensuring continued productivity across U.S. industries.

Additional Information: The State Department’s Bureau of Consular Affairs has been at the forefront of protecting U.S. citizens, enabling global travel and commerce that powers the U.S. economy, and improving federal customer service while safeguarding national security.

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

Copyright © 2025 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 released the February Visa Bulletin. U.S. Citizenship and Immigration Services announced filings for employment-based preference categories must use the Final Action Dates chart, which will remain the same as January except for China and India.

Final Action Dates:

EB-1

  • China EB-1 Final Action Dates will remain the same.
  • India EB-1 Final Action Dates will remain the same.
  • All other countries under EB-1, including Mexico and the Philippines, Final Action Dates will remain the same.

EB-2

  • China EB-2 Final Action Dates will remain the same.
  • India EB-2 Final Action Dates will advance 14 days to Oct. 15, 2012.
  • All other countries under EB-2, including Mexico and the Philippines, Final Action Dates will remain the same.

EB-3

  • China EB-3 Final Action Dates will advance one month to July 1, 2020.
  • India EB-3 Final Action Dates will advance 14 days to Dec. 15, 2012.
  • All other countries under EB-3, including Mexico and the Philippines, Final Action Dates will remain the same.

Final Action Dates Chart for Employment-Based Visa Applications

Preference

Category

All chargeability areas except those listed China India Mexico Philippines
EB-1 Current Nov. 8, 2022 Feb. 1, 2022 Current Current
EB-2 April 1, 2023 April 22, 2020 Oct. 15, 2012 April 1, 2023 April 1, 2023
EB-3 Dec. 1, 2022 July 1, 2020 Dec. 15, 2012 Dec. 1, 2022 Dec. 1, 2022

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

Copyright © 2025 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 Department of Homeland Security and the State Department announced the designation of Romania as a participating country in the Visa Waiver Program (VWP).

Key Points:

  • The designation was awarded because Romania demonstrated a “significant whole-of-government effort” to meet all program requirements, which included:
    • Entering into partnerships with the United States to share information on terrorism and serious crimes with U.S. law enforcement and security agencies
    • Enhancing vetting of individuals traveling to and through Romania
    • Having a rate of nonimmigrant visitor visa refusals below 3% during the previous fiscal year
    • Extending reciprocal travel privileges to all U.S. citizens and nationals without regard to national origin, religion, ethnicity or gender
  • The Electronic System for Travel Authorization (ESTA) online application and mobile application will be updated on or around March 31, 2025, to allow most Romanian citizens and nationals to apply to travel to the U.S. under the VWP for tourism or business purposes for up to 90 days without first obtaining a U.S. visa. Authorizations are generally valid for two years.
  • Romanian travelers with valid B-1/B-2 visas may continue to use their visa for travel to the U.S.
  • DHS will continually monitor Romania’s compliance with all program requirements and, as required by statute, conduct a comprehensive assessment of Romania’s continued designation in the VWP on the national security and law enforcement interests of the United States at least once every two years.

Additional Information: The VWP is a culmination of comprehensive security partnerships between the United States and designated countries that meet strict requirements related to counterterrorism, law enforcement, immigration enforcement, document security and border management.

A recent DHS rule change updates the agency’s practice for notifying the public of countries designated for participation in the VWP. The definition of “designated country” was amended to refer to countries that the Secretary of Homeland Security has designated for VWP participation and remove references to specific countries in the regulations. Notification will be made available on the DHS U.S. Visa Waiver Program website.

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

Copyright © 2025 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.