AGG Expert Share Updates, Tips for Companies Navigating Complex Immigration Landscape

Editor’s note: This article is sponsored by Arnall Golden Gregory LLP‘s International Immigration & Global Mobility group as part of the law firm’s support for Global Atlanta.

Individuals and employers navigating the U.S. immigration system should be aware of various changes – positive and negative – taking place at federal agencies, according to Arnall Golden Gregory LLP immigration attorney Matthias Ohm, who spoke at a recent Global Atlanta Expat Expectations event.

Department of State Visa Renewals

The U.S. Department of State oversees embassies and consulates abroad where individuals apply for visas. Due to pandemic-related backlogs, some countries still experience significant delays, with tourist visas having particularly low priority. In certain countries, conversely, employment visas can be processed in as little as one to two weeks.

A notable update is the waiver of visa interview requirements for individuals renewing visas they already hold. This sounds like a great benefit, Mr. Ohm said, but it comes with a downside: it only works outside the United States. Applicants must still travel abroad and then send their documents to a consulate or embassy where they will be processed and then returned. This can ironically result in longer processing times compared to in-person interviews, he noted.

Since February, stateside visa renewals have been available for H-1B visa holders, allowing 25,000 individuals to renew their visas within the U.S. without needing to travel abroad, he added. This trial is completed now and the U.S. Department of State will let the public know if they are extending/expanding the program.

United States Citizenship and Immigration Services Fees

USCIS handles the filing of petitions required for certain immigration benefits. Historically, the agency has had high audit rates, demanding extensive documentation even for expedited cases, with audit rates ranging from 50-80 percent depending on the visa type.

In April, USCIS increased fees for several visas, such as the L-1 intracompany visa, which saw a fee hike from $460 to $1380 (and an additional mandatory $600 Asylum Program fee). This fee increase reflects the agency’s reliance on filing fees for funding, Mr. Ohm explained.

Customs and Border Protection Passport Checks

CBP officers are the first point of contact for visitors entering U.S. airports. The quality of service can vary significantly by airport, with Atlanta known for its well-trained staff and smooth processes for foreign nationals, Mr. Ohm said.

A major change is the cessation of passport stamping at most airports. Instead, travelers must access their electronic I-94 record online, which details their entry status and length of time they are permitted to stay in the U.S. 

Mr. Ohm encouraged all foreign nationals or those who work with foreign nationals to advise them to access their I-94 record as soon as they arrive in the U.S. to make sure it is correct.

“If it’s wrong, if you’re in the wrong status, there’s a chance you may be barred from the U.S. for three or 10 years. This little piece of paper you can download and print from the Internet is crucial,” he said.

Department of Labor Green Card Applications

Mr. Ohm warned employers filing for green cards for their employees that they should plan far in advance. They must first obtain a Labor Certification, proving there are no qualified American workers – nor other green card holders – available for the position. This process typically takes two to three years, after which employers can start the green card application process.

Also, recent wage transparency laws in various states, requiring the posting of salary ranges, have significantly impacted green card filings. Employers must be sure to properly follow local regulations, especially with the rise in remote work, Mr. Ohm said.

Immigration and Customs Enforcement (ICE) Record Inspections

ICE is responsible for enforcing immigration laws within the U.S., including workplace inspections to ensure compliance with visa and I-9 requirements. 

It is imperative for companies to maintain meticulous records to avoid penalties during ICE audits, Mr. Ohm advised. “Anybody in HR, make sure your I-9s are perfect.”

Specific Country Concerns

• France: The U.S. embassy in Paris is experiencing delays due to the upcoming Olympic Games, with some visa appointments being scheduled for no sooner than 2025.
  
• Germany: German green card holders can now maintain dual citizenship, after a new law took effect on June 26, 2024.

These updates highlight the dynamic and often complex nature of U.S. immigration processes. The Immigration team at Arnall Golden Gregory LLP is committed to providing the latest information and expert guidance to help navigate these challenges effectively.

Contact Mr. Ohm for more information.