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This alert has been provided by the BAL U.S. Practice Group.
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It’s Dec. 1, and this is your BAL Immigration Report.
“An adverse Supreme Court decision officially ending DACA would be devastating on multiple fronts. Aside from the most obvious casualties — the Dreamers themselves and their families — will be their workplaces, communities and the U.S. economy.”
—Martin Robles-Avila, BAL Senior Counsel
In a recent briefing, the U.S. State Department said it is successfully lowering visa interview wait times worldwide. Visa and appointment delays have plagued U.S. embassies and consulates because of COVID-related staffing and funding challenges. The median wait time for a tourist visa B1/B2 interview is now about two months, the State Department said.
Tiffany Derentz, senior counsel in BAL’s Washington, D.C., office, credits the department for being more transparent and for take taking steps, including expanding the interview waiver authority, to address the backlog. “The State Department’s goal is to reach pre-pandemic visa processing levels in fiscal year 2023. They seem to be well ahead in meeting that goal, as they are already processing at 94% of pre-pandemic levels for nonimmigrant applicants and 130% of pre-pandemic levels for immigrant visa applications. Most U.S. embassies and consulates are providing full routine visa services as well.”
While the situation is improving, wait times still vary tremendously. Derentz says three of the top four visa-processing countries — India, Mexico and Brazil — have some of the longest wait times in the world. Wait times in China, the United Kingdom and Germany are better.
The State Department’s Visa Office has encouraged consular officers to accept third-country visa applicants. Derentz cautions, however, that wait times for third-country nationals are often longer than official posted times. “Over the next several months, I expect we will continue to see visa backlogs reduced and wait times go down. Although we are seeing improvements, foreign nationals should expect delays and plan travel carefully.”
A proposed rule to increase U.S. Citizenship and Immigration Services fees has cleared White House review. The exact amounts of the proposed increases are not yet available. Review at the White House Office of Management and Budget is the last step in the regulatory process before publication. Once published, the proposal will go through a formal notice-and-comment period, likely 60 days. The Department of Homeland Security says the new rule will “rescind and replace” a 2020 fee rule that was blocked in court and is designed to help USCIS recover operating costs. BAL will provide updates on the fee increases as information becomes available.
A conversation with BAL Senior Counsel Martin Robles-Avila: Dreamers — undocumented immigrants who were brought to the United States as children.
BAL Immigration Report: They work in hospitals, teach in schools and serve in the military. Yet their immigration status is in jeopardy following an adverse court ruling this fall. In October, the Fifth Circuit Court of Appeals ruled that the Obama-era memorandum that created Deferred Action for Childhood Arrivals — or DACA — was unlawful. The appeals court also asked a lower court to review the legality of the Biden administration’s attempt to protect DACA through federal regulation.
BAL Senior Counsel Martin Robles-Avila says the new DACA regulation is laudable but does not do enough to protect younger Dreamers — and may not survive legal challenges. He adds that advocates face an uphill battle in securing legislation to protect Dreamers.
Robles-Avila: Despite its humble origins as a three-page executive memorandum, DACA was transformative for more than 800,000 young people, but it was never enough, nor was it meant to be. By its nature, it was a temporary fix of limited scope. And the Biden administration’s final rule embraced those limitations, assuring that the program would remain closed to younger Dreamers who entered the United States after June 2007, one of its principal requirements.
An adverse Supreme Court decision officially ending DACA would be devastating on multiple fronts. Aside from the most obvious casualties — the Dreamers themselves and their families — will be their workplaces, communities and the U.S. economy. Since federal law prohibits employing anyone without lawful status for employment authorization, employers will have no choice but to terminate DACA beneficiaries once their employment authorizations expire. Only bipartisan legislation can end the Dreamers’ ordeal, but that looks particularly difficult as the Republicans take back control of the House of Representatives next year. Republicans have been consistent in their demand that any bipartisan compromise on DACA include harsh border security measures and asylum restrictions, a bitter pill for the Democrats to swallow.
They say hope is the last thing to die. We continue holding our collective breath that this nation’s representatives will still come together and offer permanent protection to Dreamers. As President Obama said when he first announced DACA in the face of congressional inaction over 10 years ago, it’s still the right thing to do.
Singapore will launch its Overseas Networks and Expertise — or ONE — pass on Jan. 1. The five-year ONE pass will allow foreign nationals to work at any company during their time in Singapore. Applicants must make at least 30,000 Singaporean dollars per month or show outstanding achievements in art, sports, science or academia. The ONE pass is part of a broader effort to attract more highly skilled foreign nationals to Singapore. According to Reuters, earlier this year, the manpower minister said the visa would help Singapore attract “the rainmakers of the world.”
In South Africa, authorities have been rejecting visa applications at a much higher rate. Reports indicate that rejections are up 70%-80% over where they were in early November. The government hasn’t confirmed the reason for the increase. Indications are that officials are trying to clear an application backlog that built up during the COVID-19 pandemic. Rejected applicants can reapply or appeal the decision within 10 days of receiving notice. Employers are encouraged to work closely with their immigration providers if an employee is rejected.
In Qatar, the World Cup is entering its knockout stage, and countries throughout the region are hoping to take advantage of the influx of visitors. Oman, Saudi Arabia and the United Arab Emirates have all introduced temporary visa programs for anyone with a Qatari Hayya card — the fan ID that is required to enter Qatar and attend World Cup matches. For more information on the World Cup Visa programs, visit map.BAL.com.
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