Executive Orders and R...

COVID-19 U.S. Travel Restrictions & Compliance Resources

Please see our updated post here: https://www.jspvisa.com/blog/2020/4/24/covid-19-related-us-travel-restrictions-amp-government-closures

Updated April 3, 2020

U.S. Department of State Global Level 4 Health Advisory:

Issued March 19, 2020: “The Department of State advises U.S. citizens to avoid all international travel due to the global impact of COVID-19.  In countries where commercial departure options remain available, U.S. citizens who live in the United States should arrange for immediate return to the United States, unless they are prepared to remain abroad for an indefinite period.  U.S. citizens who live abroad should avoid all international travel. “

https://travel.state.gov/content/travel/en/traveladvisories/ea/travel-advisory-alert-global-level-4-health-advisory-issue.html

Canada: The U.S.-Canada border is closed to non-essential travel for at least 30 days starting March 20, 2020. Certain exceptions for work-related travel may apply.

https://www.dhs.gov/news/2020/03/20/us-canada-joint-initiative-temporary-restriction-travelers-crossing-us-canada-land

Mexico: The U.S.-Mexico border is closed to non-essential travel for at least 30 days starting the weekend of March 21-22, 2020.

https://www.dhs.gov/news/2020/03/20/joint-statement-us-mexico-joint-initiative-combat-covid-19-pandemic

Europe: Presidential Proclamation Banning Travel from Europe (Schengen Area, including U.K. and Ireland) for 30 Days.

https://www.jspvisa.com/blog/2020/3/11/travel-to-be-banned-from-europe-for-30-days

China:  Presidential Proclamation on Suspension of Entry issued January 31, 2020

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-persons-pose-risk-transmitting-2019-novel-coronavirus/

Iran:  Presidential Proclamation Suspension of Entry issued February 29, 2020

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-coronavirus/

Italy:  U.S. Embassy Rome Health Alert and enhanced screening measures for boarding U.S.-bound flights issued March 4, 2020 https://it.usembassy.gov/health-alert-u-s-embassy-rome-italy-march-4-2020/; U.S. Embassies and Consulates have reduced staffing, so only emergency services will be available: https://it.usembassy.gov/covid-19-information/

South Korea:  U.S. Embassy Seoul Health Alert and enhanced screening measures for boarding U.S.-bound flights issued March 3, 2020 https://kr.usembassy.gov/022420-covid-19-information/

U.S. Embassy Visa Appointment Wait Times: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html (note that as of March 18, 2020, routine visa services are suspended worldwide)

Status of Visa Services at U.S. Embassies and Consulates:  On March 18, 2020, the U.S. State Department announced the following:

“Department of State is suspending routine visa services in most countries worldwide. Embassies and consulates in these countries will cancel all routine immigrant and nonimmigrant visa appointments as of March 18, 2020. These embassies and consulates will resume routine visa services as soon as possible, but we are unable to provide a specific date at this time. Check the website of the embassy or consulate for its current operating status: usembassy.gov

Services to U.S. citizens will continue at U.S. embassies and consulates overseas, but the availability of these services may be limited. Check the website of an individual embassy or consulate to determine their operating status and find emergency contact information”.

Check individual Embassy websites for information: https://www.usembassy.gov/

Country-Specific Information as Reported by U.S. Embassies Worldwide: https://travel.state.gov/content/travel/en/traveladvisories/COVID-19-Country-Specific-Information.html

Visa Waiver Program / ESTA: Effect on Visa Waiver Program travelers of government action related to COVID-19 pandemic https://www.jspvisa.com/blog/2020/3/15/effect-on-visa-waiver-program-travelers-of-government-action-related-to-covid-19-pandemic

F-1 and J-1 visa holders: Collection of U.S. government guidance for students, schools, and exchange visitors: https://www.nafsa.org/regulatory-information/coronavirus-critical-resources

Employers of H-1B & E-3 visa holders and office closures: Seek legal advice for how to maintain LCA compliance.

https://www.foreignlaborcert.doleta.gov/pdf/DOL-OFLC_COVID-19_FAQs_Round%201_03.20.2020.pdf

I-9 Compliance: Seek legal advice for how to conduct I-9 onboarding when offices are closed.

https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance

Status of USCIS Appointments, including interviews, biometrics appointments at Application Support Centers, and naturalization oath ceremonies:

On March 17, 2020, USCIS announced the following:

“Effective March 18, U.S. Citizenship and Immigration Services is suspending in-person services at its field offices, asylum offices and Application Support Centers (ASCs) to help slow the spread of Coronavirus Disease 2019 (COVID-19). This suspension of services will be effective until at least April 1. In the meantime, USCIS will provide limited emergency services.”

https://www.uscis.gov/news/alerts/uscis-temporarily-closing-offices-public-march-18-april-1

On April 1, 2020, USCIS announced that the temporary closure of local offices (thus affecting in-person interviews, biometrics, and naturalization oath ceremonies, is extended until at least May 3, 2020.

USCIS Appointment Rescheduling Resources: (N/A as of the USCIS office closure - USCIS will automatically reschedule appointments when it re-opens its local offices.)

https://www.uscis.gov/about-us/find-a-uscis-office/if-you-feel-sick-please-consider-canceling-and-rescheduling-your-uscis-appointment

Suspension of USCIS Premium Process Service:

As of March 23, 2020, PPS is suspended for all I-140 and I-1-129 petitions not already pending with USCIS.

https://www.jspvisa.com/blog/2020/3/17/uscis-suspends-premium-processing-service-for-all-cap-subject-h-1b-petitions

USCIS Accepting Scanned Signatures:

USCIS is temporarily accepting scans of original signatures on applications and petitions; signers must retain the originally signed document in case of audit.

https://www.uscis.gov/news/alerts/uscis-announces-flexibility-submitting-required-signatures-during-covid-19-national-emergency

U.S. Passport Offices:

On March 19, 2020, the U.S. Department of State announced the following:

“Due to public health measures to limit the spread of COVID-19, effective March 20, 2020, we are only able to offer service for customers with a qualified life-or-death emergency and who need a passport for immediate international travel within 72 hours.”

https://travel.state.gov/content/travel/en/passports.html/

Disclaimer: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2020

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Update on Expansion of Travel Ban 3.0

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On January 31, 2020, the Trump administration expanded the current Travel Ban (commonly referred to as “Travel Ban 3.0”), which has been deemed lawful by the U.S. Supreme Court, to include additional countries. As with prior versions of Travel Ban 3.0, the expansion suspends entry by preventing visa issuance to citizens and nationals of the listed countries. As the ban is a visa issuance restriction and not an entry restriction, nationals from the affected countries who already hold visas may continue to use those visas.   

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Travel Ban Expanded to Include Additional Countries

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On January 31, 2020, the Trump administration announced via Presidential Proclamation that, effective February 21, 2020 at 12:01 am eastern standard time, the travel ban will now apply to nationals from Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania.

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New policy guidance drastically changes USCIS’s adjudications process, announces that denials will now result in removal (deportation) proceedings

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In a pair of policy memoranda released to the public in July 2018, the Administration is drastically changing the U.S. Citizenship and Immigration Service’s (USCIS, formerly INS) role in adjudications. Initially formed as the immigration benefits-adjudicating sub-agency when the Department of Homeland Security took over immigration functions from the Department of Justice after 9/11, USCIS is typically involved in a very low percentage of the overall enforcement actions of the DHS agencies. (Most enforcement is done by DHS’s other immigration sub-agencies, ICE and CBP.) For example, unless fraud or criminality is suspected, USCIS traditionally has not initiated removal (deportation) proceedings in the course of adjudicating benefits applications, such as nonimmigrant and immigrant visa petitions, applications for adjustment of status to U.S. permanent residence, or naturalizations. However, in a new policy memo released on July 5, 2018 (but dated June 28), entitled Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (“NTA Memo”) and effective immediately, the Administration announced that USCIS will now initiate removal proceedings in a wide variety of circumstances.

U.S. Supreme Court upholds travel ban

The U.S. Supreme Court (SCOTUS) upheld the administration’s travel ban in a 5-4 decision today. The decision does not change the status quo, however, as in December 2017, SCOTUS allowed the third iteration of the travel ban to take effect during the pendency of litigation. The details of the administration’s travel ban were detailed in our blog post here, although please note that Chad was removed from the list of countries in April of 2018. Certain waivers or exemptions are available.

 

© Jewell Stewart & Pratt PC 2018

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Alarming Change of Policy for Treatment of Certain Status Violations for F, J, and M Visa Holders

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On May 10, 2018, USCIS announced a draft policy memorandum titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants.” F, J, and M nonimmigrant visas are for international students, scholars, and participants in international educational/cultural exchange programs (including interns and trainees).  The draft policy is slated to become final and effective on August 9, 2018.

In the draft policy, USCIS announced a dramatic change to the treatment of “status violations” by individuals in the U.S. on F, J, and M visas. A status violation is any failure to meet a term or condition of the visa, including unknowing and unintentional technical violations (e.g., lowering one’s course load below a certain number of credit hours, engaging in casual work, accruing too many days of non-work after school completion, etc.).

Statement on Family Separation

Dear Clients, Friends, and Community –

Like many of you, we are shocked at the administration’s treatment of asylum seekers and in particular the separation of families at the border. Seeking asylum is not a crime. There is no law preventing families from staying together, or requiring incarceration of families and children. We call on the administration to end this atrocious practice, and on Congress to hold the administration accountable.

We are following legal developments and taking action via our firm’s involvement in the American Immigration Lawyers Association, and are available to make suggestions as needed regarding donations and advocacy actions. As a start, call 202-224-3121 and enter your zip code to be connected with your representatives, and reach out to local churches in your community and urge them to take action.

In solidarity,
Jewell Stewart & Pratt PC

 

© Jewell Stewart & Pratt PC 2018

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Update on work authorization for certain H-4 dependents

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The Trump administration was due to propose new regulations by the end of February 2018, eliminating the ability of certain H-4 dependents to work.  Although it has not yet issued proposed regulations, there is now a potential timeline for that to occur.  In ongoing litigation over the regulation allowing H-4 employment, the U.S. Court of Appeals for the District of Columbia Circuit ordered the case to be held in abeyance following a motion from the Department of Homeland Security (“DHS”) requesting time to issue a proposed “rescission” regulation in February 2018.  Although DHS did not issue such a regulation in February, the Circuit Court order, issued February 21, 2018, gives the DHS 90 days, or until May 22, 2018, to provide an update on rulemaking.  

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USCIS Restricts Availability of NAFTA Work Authorization (TN Status) for “Economist” Category

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On December 18, 2017, U.S. Citizenship & Immigration Services (USCIS) announced a policy change affecting the adjudication of applications for TN visa status under NAFTA. 

Background on TN visa status

TN visa status allows citizens of Canada or Mexico to work legally in the U.S. if their employment fits within any of 62 occupational classifications and they have the corresponding educational and/or professional qualifications.  One such occupational classification is “Economist.”  The full list of eligible occupational classifications is found in Appendix 1603.D.1 of the NAFTA treaty, as well as in the federal regulations at 8 C.F.R. Section 214.6.

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USCIS Accepts Applications Under the International Entrepreneur Rule, While Pushing Plans to Abolish the New Rule

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On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the International Entrepreneur Rule (IER), in compliance with a federal court order. The IER regulations, 8 CFR § 212.19, allow qualifying foreign national entrepreneurs to enter the U.S. temporarily to develop and grow new businesses. At the same time it is accepting applications under the IER, however, the agency is preparing to publish a Notice of Proposed Rule-Making (NPRM) to rescind the IER. Thus, it is unclear whether individuals who apply to enter the U.S. pursuant to the IER will ultimately receive the benefits of the rule, or for how long.