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Consular Visa Processes
Presidential Proclamation on Health Insurance for New Immigrants

Presidential Proclamation on Health Insurance for New Immigrants

Update: This Presidential Proclamation is the subject of litigation. As of Saturday, November 2, 2019, there is a nationwide temporary restraining order against the enforcement of the Proclamation.

Original post:

On Friday, October 4, 2019, President Trump issued a Presidential Proclamation entitled Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, which imposes a health care insurance requirement on new immigrants. Specifically, it requires applicants for immigrant visas to show the ability to purchase unsubsidized commercial health insurance within 30 days of U.S. entry.

DHS Publishes Final Rule Expanding Public Charge Ground of Inadmissibility

DHS Publishes Final Rule Expanding Public Charge Ground of Inadmissibility

Update: This regulation is the subject of litigation. As of Friday October 11, 2019, there is a nationwide injunction against the enforcement of this rule by DHS. The Department of State (“DOS”) version of the rule, however, went into effect on October 15, 2019, but as of October 15, 2019, the DOS has not yet implemented that rule.

Original post:

Effective October 15, 2019, unless halted by litigation, the standard by which a foreign national is determined to be “likely at any time to become a public charge” (and consequently inadmissible to the U.S.) will drastically change.

Forms DS-160 and DS-260 now require disclosure of social media accounts

Forms DS-160 and DS-260 now require disclosure of social media accounts

On May 30, 2019, the U.S. Department of State added required questions about social media accounts or identifiers to the online nonimmigrant and immigrant visa application forms, the DS-160 and DS-260.  This means that anyone applying for a U.S. nonimmigrant visa (a temporary visa) or a U.S. immigrant visa (permanent residence, a green card) must disclose all social media accounts used in the last five years. Social media presumably will be reviewed by U.S. Consular personnel in the course of visa adjudications.

DHS Announces Visa Sanctions on Four Countries

DHS Announces Visa Sanctions on Four Countries

The Department of Homeland Security (DHS) announced on September 13, 2017 that visa sanctions would be imposed on Cambodia, Eritrea, Guinea, and Sierra Leone due to lack of cooperation in accepting their nationals ordered removed from the United States. Some of the specific visa sanctions announced were:

Department of State plans to heighten screening and vetting of visa applicants: Update

Department of State plans to heighten screening and vetting of visa applicants: Update

As noted in our prior blog post, a Department of State cable sent by Secretary Tillerson on March 17, 2017 provided immediately effective guidance to all U.S. diplomatic and consular posts regarding the screening and vetting of visa applications.

On May 4, 2017, the Department of State published a Notice of request for emergency OMB approval and public comment on a new Form DS-5535, Supplemental Questions for Visa Applicants. This form would collect information from visa applicants who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibility.

State Department guidance to consular posts on heightened screening and vetting of visa applicants worldwide: “all visa decisions are national security decisions”

State Department guidance to consular posts on heightened screening and vetting of visa applicants worldwide: “all visa decisions are national security decisions”

Following the issuance of Executive Order 13780 by President Trump on March 6, 2017 (banning visa issuance to nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen) and the associated presidential memo to the Secretaries of State, Justice, and Homeland Security directing their agencies to implement protocols and procedures on screening and vetting of visa applicants, Secretary of State Rex Tillerson issued a series of four cables to U.S. consular posts abroad. 

Extraordinary visa wait times at U.S. consular posts in India

Extraordinary visa wait times at U.S. consular posts in India

News Release from Jewell Stewart & Pratt PC The American Immigration Lawyers Association (AILA) has reported that U.S. Consular Posts in India are experiencing extraordinary wait times for nonimmigrant visa interview appointments. The wait times for all categories...

Implications of the Infosys settlement for B-1 visas

Implications of the Infosys settlement for B-1 visas

What can employers learn from Infosys’ recent settlement with federal prosecutors? Ultimately, the more conservatively one follows the immigration law, the more limited one’s interest may be. The government alleged that Infosys misused B-1 visitor visas – inexpensive, for short term stays, and for a narrowly-defined range of commercial activities – to bring foreign workers to the United States to perform skilled labor, for long periods of time, that should have required H-1B visas. It alleged that Infosys submitted false statements to deceive U.S. consular officials into granting B-1 visas to workers, and Customs and Border Protection officers into granting them entry to the United States. This included letters stating the purpose of travel as “meetings” when the true purpose was activities not authorized under a B-1 visa. The government also alleged that Infosys directed the workers themselves to take part in the deception. Infosys did not admit to the allegations of fraud and misfeasance, but agreed to a fine of $34 million.