Biden Administration to Lift Travel Bans on November 8, 2021

Last updated: 10/15/2021

The New York Times reported on October 15, 2021 that the Biden Administration will lift the geographic COVID-related travel bans (covering Schengen, U.K., Ireland, Iran, South Africa, Brazil, China, and India) on November 8, 2021, for fully-vaccinated travelers. A negative COVID test will also continue to be required before travel. We will update this post as further details are released.

Frequently Asked Questions:

When will the ban be lifted? The New York times is reporting that the ban will be lifted on November 8, 2021.

Which vaccines will qualify? FDA Authorized/Approved and WHO Approved vaccines will qualify, specifically: Moderna, Johnson & Johnson, Pfizer-BioNTech, Oxford-AstraZeneca/Covishield, Sinopharm, and Sinovac.

How will vaccine status be verified? It is expected that the airlines will verify vaccine status as part of the boarding process.

Will there be any exceptions to the vaccine requirement? There will be limited exceptions for children and for humanitarian reasons.

How will vaccine exceptions be administered? It is not yet known if the airlines will do this or if U.S. Embassies will play a role as they did with National Interest Exceptions to the travel ban.

Will a negative COVID test still be required? Yes.

What does this mean for existing visa holders or ESTA travelers? Whenever the ban is lifted, existing visas and/or approved ESTAs may be used for travel without need of a National Interest Exception. Please contact our office if you have questions about travel.

What does this mean for my upcoming visa appointment? We are awaiting guidance from the Department of State on the resumption of consular services and availability of visa appointments. Please contact our office if you have questions about your visa appointment.

Are the Canada/Mexico land borders still closed? On October 12, DHS announced that the Canada/Mexico land borders will re-open for vaccinated travelers in November. A negative COVID test will not be required for land border travel.

Are there any travel requirements for U.S. citizens returning to the United States? Yes. The New York Times is reporting that “[u]nvaccinated Americans traveling from overseas will need to test negative for the coronavirus one day before returning home and show proof that they have bought a test to take after arriving in the United States.”

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

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - September 2021

Last updated: 09/22/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

On September 20, 2021, the White House announced that it would lift the COVID travel bans sometime in November for fully-vaccinated travelers. We do not yet know what date it will be lifted, nor do we know how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be lifted sometime in November. See our FAQ post for regular updates.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

  • As of July 6, 2021, DOS-issued NIEs are now valid for 1 year from date of issuance, and for multiple entries.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021. Further, the State Department announced on September 14, 2021 that interviews may be waived for academic visa renewals (F, M, J).

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least October 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• COVID Vaccine Required for Medical Exams: On August 24, 2021, CDC Technical Instructions to Civil Surgeons were updated to require a COVID-19 vaccine on immigration medical exams that are required for both Adjustment of Status or Immigrant Visa (i.e., “green card”) applications. The requirement goes into effect on October 1, 2021, and applies to adults and children over age 12, with certain exceptions for medically contraindicated, not routinely available, etc. Lab confirmation of immunity or tests may not be used as an alternative to vaccination. Persons who do not comply and are not eligible for a limited exception will be deemed medically inadmissible.

• DHS I-9 Flexibilities: Certain I-9 flexibilities initially announced in March 2020 have been extended to December 31, 2021.

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

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - August 2021

Last updated: 08/24/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

  • As of July 6, 2021, DOS-issued NIEs are now valid for 1 year from date of issuance, and for multiple entries.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least September 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• COVID Vaccine Required for Medical Exams: On August 24, 2021, CDC Technical Instructions to Civil Surgeons were updated to require a COVID-19 vaccine on immigration medical exams that are required for both Adjustment of Status or Immigrant Visa (i.e., “green card”) applications. The requirement goes into effect on October 1, 2021, and applies to adults and children over age 12, with certain exceptions for medically contraindicated, not routinely available, etc. Lab confirmation of immunity or tests may not be used as an alternative to vaccination. Persons who do not comply and are not eligible for a limited exception will be deemed medically inadmissible.

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

© Jewell Stewart & Pratt PC 2021

USCIS Runs Second H-1B Lottery on 2021 (FY 2022) Registrations

On July 29, 2021, USCIS announced that it ran a second H-1B lottery on 2021 (FY 2022) registrations. Attorney accounts were locked for several hours but we are now able to access accounts and will be notifying clients of additional selections and next steps for filing. Thank you for your patience!

Six JSP lawyers selected for inclusion in Super Lawyers® for 2021

Jewell Stewart & Pratt (JSP) is pleased to announce that six of its lawyers have been selected for inclusion in Northern California Super Lawyers® in 2021. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas, including immigration, who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Founder & Principal Phyllis Jewell was named a Super Lawyer at the inception of the Northern California Super Lawyers list in 2004, and has been named to the list each year from 2004 to 2013, and 2015 to present. Principal & Managing Attorney Claire Pratt has been named to the Super Lawyers list from 2019 to present, having previously received Rising Stars designation since 2015. In addition, Of Counsel Wendy Stewart was named to the Super Lawyers list for the first time this year. Only 5 percent of lawyers in a state are selected for inclusion in Super Lawyers. 

Principal Jennifer Carr has been selected in Rising Stars from 2017 to present. In addition, Associate Attorneys Zdeni Amadio and Nicole Tahtouh have been selected as Rising Stars since 2020. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent of lawyers in a state are named to Rising Stars.

Congratulations to Phyllis, Claire, Wendy, Jennifer, Zdeni, and Nicole!

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - July 2021

Last updated: 07/06/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

  • As of July 6, 2021, NIEs are now valid for 1 year from date of issuance, and for multiple entries.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least July 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• USCIS Updates:

  • AOS EAD Policy: On June 9, 2021, USCIS announced that initial and renewal EAD (work permit) applications for Adjustment of Status applicants would be valid for two years instead of one.

  • Request for Evidence Policy or “RFE” Memo: On June 9, 2021, USCIS updated its policy for issuing Requests for Evidence (“RFEs”) to revert back to 2013 guidance.

  • Expedite Criteria: On June 9, 2021, USCIS updated its expedite criteria.

  • Entrepreneur Parole: On May 10, 2021, USCIS announced the continuation of the International Entrepreneur Parole Program. For background on the program including process and requirements, please refer to our 2018 post.

  • Biometrics for I-539s: On May 5, 2021, it was reported that USCIS will waive biometrics for some existing and new I-539 applications for H-4 and L-2 dependents. On May 13, USCIS confirmed that biometrics will be suspended, and no biometrics fee will be required, for filings received on / after May 17 for H-4, L-2, E-1, E-2, and E-3 I-539 dependent filings.

  • “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

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

© Jewell Stewart & Pratt PC 2021

JSP Lawyers Phyllis Jewell, Wendy Stewart, and Claire Pratt Recognized by Who’s Who Legal

Jewell Stewart & Pratt lawyers Phyllis Jewell, Wendy Stewart, and Claire Pratt have again been selected by Who’s Who Legal (“WWL”) as Global Leaders in Corporate Immigration for 2021. The firm’s WWL profile may be found here; and Claire Pratt’s biography, where she receives plaudits for “always being ahead of the curve” and her “unparalleled” knowledge of U.S. immigration may be found here.  

Nominees for WWL are selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide. Only specialists who have met stringent independent research criteria are listed. The publication features leading corporate immigration attorneys who come highly regarded for their experience in assisting corporate entities navigate the increasingly complex regulatory environments in jurisdictions around the world through sophisticated immigration planning and counseling advice. Congratulations to Phyllis, Wendy, and Claire!

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - June 2021

Last updated: 06/24/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

  • The geographic COVID bans for Europe, China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

  • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

  • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

  • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least July 21, 2021.

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• USCIS Updates:

  • AOS EAD Policy: On June 9, 2021, USCIS announced that initial and renewal EAD (work permit) applications for Adjustment of Status applicants would be valid for two years instead of one.

  • Request for Evidence Policy or “RFE” Memo: On June 9, 2021, USCIS updated its policy for issuing Requests for Evidence (“RFEs”) to revert back to 2013 guidance.

  • Expedite Criteria: On June 9, 2021, USCIS updated its expedite criteria.

  • Entrepreneur Parole: On May 10, 2021, USCIS announced the continuation of the International Entrepreneur Parole Program. For background on the program including process and requirements, please refer to our 2018 post.

  • Biometrics for I-539s: On May 5, 2021, it was reported that USCIS will waive biometrics for some existing and new I-539 applications for H-4 and L-2 dependents. On May 13, USCIS confirmed that biometrics will be suspended, and no biometrics fee will be required, for filings received on / after May 17 for H-4, L-2, E-1, E-2, and E-3 I-539 dependent filings.

  • “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

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

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - May 2021

Last updated: 05/26/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

• COVID Travel Ban for India: On April 30, 2021, President Biden issued a Proclamation banning the entry of nonimmigrants who have been present in India for 14 days preceding entry. The Proclamation took effect at 12:01AM eastern time on May 4, 2021. The usual exceptions / exemptions apply, including lawful permanent residents, spouse/parent of minor U.S. citizens, and National Interest Exceptions for support of critical infrastructure. Most U.S. Embassy/Consulate locations in India are currently closed or are operating with only limited services due to the current COVID surge.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

• COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India: The geographic COVID bans for Europe, China, Iran, Brazil, South Africa, and now India are to be reviewed at the end of each month. On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021. Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least June 21, 2021.

• USCIS Updates:

  • Entrepreneur Parole: On May 10, 2021, USCIS announced the continuation of the International Entrepreneur Parole Program. For background on the program including process and requirements, please refer to our 2018 post.

  • Biometrics for I-539s: On May 5, 2021, it was reported that USCIS will waive biometrics for some existing and new I-539 applications for H-4 and L-2 dependents. On May 13, USCIS confirmed that biometrics will be suspended, and no biometrics fee will be required, for filings received on / after May 17 for H-4, L-2, E-1, E-2, and E-3 I-539 dependent filings.

  • “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

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

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - April 2021

Last updated: 04/30/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

The H/L visa issuance ban expired on March 31, 2021. However, it is not yet known for how long the Biden Administration intends to keep COVID-19 geographic travel restrictions, or, how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

• COVID Travel Ban for India: On April 30, 2021, President Biden issued a Proclamation banning the entry of nonimmigrants who have been present in India for 14 days preceding entry. Most U.S. Embassy/Consulate locations in India are currently closed due to COVID. The Proclamation takes effect at 12:01AM eastern time on May 4, 2021.

• CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

• Nonimmigrant (H/L/J) and Immigrant Visa Ban; Ongoing Consular Closures: On February 24, 2021, President Biden rescinded the Immigrant Visa Ban. On March 31, 2021, the nonimmigrant (H/L/J) visa ban expired. It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability.

• COVID Travel Bans for Europe, China, Iran, Brazil, and South Africa: On January 25, 2021, President Biden issued an Proclamation keeping the geographic COVID bans in place, and adding South Africa to the list of banned areas (because of the COVID variant there). These bans are to be reviewed at the end of each month. On March 2, 2021 and April 27, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021. Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

• Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least May 21, 2021.

• USCIS “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

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

© Jewell Stewart & Pratt PC 2021