Statement on the U.S. Supreme Court's DACA Ruling

JSP applauds the U.S. Supreme Court’s decision on Deferred Action for Childhood Arrivals (“DACA”), which ruled that the administration’s attempts to rescind the program were unlawful. The Court ruled not on the merits of the program, but whether the administration complied with agency policy requirements in issuing the rescission. While this is positive news following years of litigation, we have to keep fighting. Today we renew our call on Congress to enact a humane solution for all of our undocumented neighbors.

In solidarity,

JSP

© Jewell Stewart & Pratt PC 2020

COVID-19-Related U.S. Travel Restrictions & Government Closures - June 2020 Updates

Presidential Proclamation:

As noted in our blog post, the April 22, 2020 Presidential Proclamation regarding immigration affects only consular processing immigrant visa cases, with certain exceptions. Nonimmigrant visas and statuses are unaffected; PERM, I-140, Adjustment of Status (I-485) and related filings are unaffected.

See this post for a potential future limitations for nonimmigrant visa issuance or travel which are rumored to be announced in June 2020.

On May 29, 2020, the administration issued a Proclamation banning the entry of certain Chinese undergraduate students and researchers on F or J visas. As there is currently already a travel ban on arrivals from China, it is unclear what additional effect this Proclamation will have.

USCIS Re-Opening:

As of June 4, 2020, USCIS Field Offices are starting a phased re-opening process. In San Francisco, most employment-based adjustment of status interviews are being waived. Naturalization oath ceremonies are being scheduled as small socially-distanced events at the Field Office versus a larger celebratory event at Oakland’s Paramount Theater. The San Francisco office has also indicated that the oath may be administered at the conclusion of a naturalization interview going forward, where possible. As other interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants.

USCIS Service Center operations continue, which means that regular filings are still being accepted. Premium Processing Service or “PPS” is being phased back in for most previously-accepted application types, and scanned signatures continue to be accepted for filings.

https://www.uscis.gov/news/alerts/uscis-preparing-resume-public-services-june-4

Closure of Land Ports of Entry (Canada & Mexico):

On June 16, 2020, U.S. Customs & Border Protection extended the land border closure to 11:59 PM ET on July 21, 2020. Essential travel is excepted.

https://www.dhs.gov/news/2020/06/16/fact-sheet-dhs-measures-border-limit-further-spread-coronavirus

Arrival Restrictions for Europe, China, Brazil:

Arrival restrictions for persons present in Europe (Schengen, U.K. Ireland) or China are continuing until cancelled or modified. Brazil was most recently added to the list, taking effect Tuesday, May 26, 2020 at 11:59PM ET.

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

Continued Embassy Closures:

Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be suspended although some Embassies are showing appointment availability later in the year. Emergency appointments are available on a case-by-case basis at some Embassies.

Form I-9 Completion During COVID-19:

On May 1, 2020, DHS issued a temporary policy regarding expired List B identity documents used to complete Form I-9. Beginning on May 1, 2020, identity documents found in List B that are set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee had presented a valid receipt for an acceptable document for Form I-9 purposes. DHS has also issued policies for virtual review of certain documents, and has extended the time period to resolve tentative non-confirmations on E-Verify due to COVID-19.

I-9 FAQ: https://www.uscis.gov/i-9-central/temporary-policies-related-covid-19

Finally, DHS issued a new M-274 manual M-274, Handbook for Employers: Guidance for Completing Form I-9,  with expanded information on properly completing Form I-9, Employment Eligibility Verification, on April 28, 2020.

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

© Jewell Stewart & Pratt PC 2020

COVID-19-Related U.S. Travel Restrictions & Government Closures

Updated May 29, 2020

Presidential Proclamation:

As noted in our blog post on April 22, the new Presidential Proclamation regarding immigration affects only consular processing immigrant visa cases, with certain exceptions. Nonimmigrant visas and statuses are unaffected; PERM, I-140, Adjustment of Status (I-485) and related filings are unaffected. See this post for a potential future issues for nonimmigrant visas.

USCIS Field Office Closures:

USCIS Field Offices remain closed through June 4, which means that in-person interviews like adjustment of status and naturalization interviews will be rescheduled for a later date. Some adjustment of status interviews may be waived. Naturalization oath ceremonies will be rescheduled or postponed. In the San Francisco Bay Area, future oath ceremonies will likely be smaller events at the Field Office versus a larger celebratory event at Oakland’s Paramount Theater. The local San Francisco office has also indicated that the oath may be administered at the conclusion of a naturalization interview going forward, where possible. Application Support Center appointments for biometrics will also be rescheduled or waived in some cases. USCIS Service Center operations continue, which means that regular filings are still being accepted. PPS continues to be suspended for all categories, and scanned signatures continue to be accepted.

https://www.uscis.gov/news/alerts/uscis-offices-preparing-reopen-june-4

Closure of Land Ports of Entry (Canada & Mexico):

On May 20, 2020, U.S. Customs & Border Protection extended the land border closure to 11:59 PM ET on June 22, 2020. Essential travel is excepted.

Canada: https://www.dhs.gov/sites/default/files/publications/20_0519_as1_frn_us-canada-border.pdf

Mexico: https://www.dhs.gov/sites/default/files/publications/20_0519_as1_frn_us-mexico-border.pdf

Arrival Restrictions for Europe, China, Brazil:

Arrival restrictions for persons present in Europe (Schengen, U.K. Ireland) or China are continuing until cancelled or modified. Brazil was most recently added to the list, taking effect Tuesday, May 26, 2020 at 11:59PM ET. Brazil has been added to the list of various travel bans - the ban goes into effect at 11:59 PM eastern time today, Tuesday, May 26, 2020.

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

On May 29, 2020, the administration issued a Proclamation banning the entry of certain Chinese students and researchers on F or J visas. As there is currently already a travel ban on arrivals from China, it is unclear what additional effect this Proclamation will have.

Continued Embassy Closures:

Routine visa issuing operations at U.S. Embassies and Consulates worldwide continue to be suspended.

Satisfactory Departure for Visa Waiver Program (“VWP”) Visitors:

Satisfactory Departure is available for VWP visitors unable to depart within 90 days of admission because of COVID-19. Additional information is available in our blog post here.

Form I-9 Completion During COVID-19:

On May 1, 2020, DHS issued a temporary policy regarding expired List B identity documents used to complete Form I-9. Beginning on May 1, 2020, identity documents found in List B that are set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee had presented a valid receipt for an acceptable document for Form I-9 purposes. DHS has also issued policies for virtual review of certain documents, and has extended the time period to resolve tentative non-confirmations on E-Verify due to COVID-19. These changes are expected to last through at least mid-July, 2020.

I-9 FAQ: https://www.uscis.gov/i-9-central/temporary-policies-related-covid-19

Finally, DHS issued a new M-274 manual M-274, Handbook for Employers: Guidance for Completing Form I-9,  with expanded information on properly completing Form I-9, Employment Eligibility Verification, on April 28, 2020.

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

© Jewell Stewart & Pratt PC 2020

Presidential Proclamation Suspends Immigrant Visa Issuance for 60 Days

On April 22, 2020, President Trump issued a Presidential Proclamation preventing entry to the U.S. by new immigrants by suspending the issuance of immigrant visas (green cards). This Proclamation does not suspend any existing visas or permanent residency applications that are in progress for applicants located in the United State.

Therefore, anyone with pre-existing green card processes such PERM labor certifications, I-140s, Adjustment of Status (I-485) applications, are not affected. The limitation only applies to applicants who are consular processing their immigrant visas (green cards) from outside the United States via an application at a U.S. Embassy or Consulate. Most U.S. Embassies and Consulates are currently closed and not accepting visa processing because of COVID-19.

There are numerous exceptions to the ban, which will not apply to spouses and minor children of U.S. citizens, certain medical workers, persons whose entry is in the national interest, members of the U.S. military, EB-5 investors, and anyone who is already a lawful permanent resident or who has already been issued an immigrant visa or other travel document.

The Proclamation takes effect on at 11:59 p.m. eastern daylight time on April 23, 2020 and is set to expire in 60 days.

© Jewell Stewart & Pratt PC 2020

New Ban on Immigration?

Like many of you, we are waiting for information about the new/expanded ban that Trump tweeted about on Monday evening. The New York Times is reporting on Tuesday afternoon that it will involve a 60-day pause on permanent residency (green card) applications and that work visas will not be affected. We will post when we know more.

NYT reporting: https://www.nytimes.com/2020/04/21/us/politics/coronavirus-trump-immigration-ban.html

In COVID-19 pandemic, U.S. government takes actions affecting Visa Waiver Program (ESTA) visitors

Updated April 21, 2020

The Visa Waiver Program (VWP) enables eligible citizens or nationals of certain countries to travel to the United States for tourism or business for stays of up to 90 days without obtaining a physical visitor visa. Citizens and nationals of VWP countries must obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States under the VWP.

The American Immigration Lawyers Association (AILA) advised on March 14, 2020 that certain ESTA registrations were being revoked by the Department of Homeland Security (DHS). This was part of a planned U.S. government action to prevent travelers outside of the United States who are barred under the COVID-19 travel bans from attempting to travel to the United States. These revocations are without prejudice and those travelers will be able to apply for ESTA in the future.

VWP travelers are typically granted a stay of 90 days from the date of their U.S. entry. There are adverse legal consequences to remaining in the United States after that stay expires (commonly known as “overstaying”). However, travel restrictions put in place around the world in response to the COVID-19 pandemic may make overstaying impossible to avoid. A pre-existing federal regulation at 8 CFR § 217.3 provides relief known as “satisfactory departure.” The regulation provides that if an emergency prevents a VWP visitor from departing the United States within their period of authorized stay, the U.S. Citizenship & Immigration Services (USCIS) office with jurisdiction over the place of the visitor’s U.S. location may grant a period of “satisfactory departure” not to exceed 30 days—and if departure is accomplished during that period, the traveler is not regarded as having overstayed.

On April 13, 2020, USCIS announced that “satisfactory departure” may be requested from USCIS by contacting the USCIS Contact Center. The Contact Center will collect information from the requestor, including an image of their passport biographic page, and forward the request to the USCIS field office closest to the requestor, which will then process the request. Per the regulations, USCIS may grant a period of satisfactory departure for up to 30 days. USCIS also stated that it may grant an additional 30-day period of satisfactory departure to VWP visitors already granted satisfactory departure who are unable to depart within the initial 30-day period due to COVID-19 related issues. Therefore, at this time, VWP visitors may seek up to 60-days of relief, presumably requiring two 30-day requests, by contacting the USCIS Contact Center. 

Similarly, on April 17, 2020, U.S. Customs and Border Protection (CBP) issued guidance to all ports of entry and deferred inspection sites regarding the process for VWP visitors to apply for satisfactory departure. Therefore, it appears that VWP visitors may apply for satisfactory departure with either USCIS or CBP.

© Jewell Stewart & Pratt PC 2020

Travel from Europe to U.S. Banned for 30 Days

May 11, 2020 Update: Please note, the Europe Travel Ban is in effect until terminated by the President.

March 14, 2020 Update:

On March 14, 2020, Vice President Pence announced that the U.K. and Ireland will be added to the Europe Travel Ban starting Monday, March 16, presumably at 11:59 PM ET. As with the current ban flights that take off before the ban takes effect should be exempt.

Original post, updated March 13, 2020‬:

On March 11, 2020, President Trump issued a Presidential Proclamation (https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/) announcing that all travel will be suspended "from Europe" for 30 days starting at 11:59 PM ET this Friday, March 13th, with the U.K. and Ireland as exceptions. The Proclamation suspends the entry of most foreign nationals who have been physically present in certain European countries at any point during the 14 days prior to their scheduled arrival to the United States.

The European countries, generally referred to as the Schengen Area, include: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. The Proclamation does not apply to U.S. lawful permanent residents (i.e., green card holders), immediate family members (generally speaking) of U.S. citizens, and "other individuals" who are identified in the proclamation, namely related to law enforcement, national interest, diplomats and military personnel.

Persons on U.S.-bound flights that depart prior to 11:59 PM EDT on Friday, March 13, are also excepted. 

On March 13, 2020 the Department of Homeland Security issued a notice of arrival restrictions (https://www.dhs.gov/news/2020/03/13/department-homeland-security-outlines-new-process-americans-returning-certain) describing arrivals procedures for travelers who are exempt from the ban, namely U.S. citizens, Lawful Permanent Residents, and other persons named in the Proclamation.

© Jewell Stewart & Pratt PC 2020

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