Updated 01/19/2021 - see our latest post for updates as of 1/20/2021
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.
CDC to Require Negative COVID Test for ALL U.S. Air Arrivals Starting 1/26: In a CDC order issued January 12, 2021 and taking effect January 26, 2021, airlines will be required to deny boarding to anyone who refuses a test or cannot produce negative test results within 3 days of the planned flight. Geographic COVID travel bans also remain in place.
COVID Travel Ban for Europe, China, Iran, Brazil: Arrival restrictions for persons present in Europe (Schengen, U.K., Ireland), China, Iran, or Brazil (“COVID travel ban”) are continuing until cancelled or modified. Certain national interest exemptions are available for the European COVID ban. Note that due to Embassy closures and differences in how Embassies are interpreting the bans, the COVID ban is creating a de facto visa ban in many cases. On December 25, 2020, the CDC issued a requirement for a negative COVID test for all arrivals from the United Kingdom.
On January 18, 2021, the Trump administration issued a Proclamation ending the Schengen/U.K./Ireland/Brazil COVID-based entry restrictions on January 26, presumably to coincide with the CDC testing requirement going into effect that day. It is not yet known whether the Biden Administration intends to keep geographic travel restrictions in place.
Visa Ban: On December 31, 2020, the Trump administration extended the visa issuance bans to March 31, 2021. The Biden transition team has not yet specified which bans will be lifted and when. As detailed in our earlier blog post, Presidential Proclamations 10014 and 10052 affect the issuance of new/first-time H, L, and certain J visas, as well as certain immigrant visas applications, with some exceptions. Relatedly, the Trump administration’s health insurance ban may be back in play - we are updating our 2019 post on this here.
Closure of Land Ports of Entry (Canada & Mexico): U.S. Customs & Border Protection has extended the land border closure (with exceptions for essential travel) until at least February 21, 2021.
Phased Embassy Re-Opening: Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be limited or suspended. On July 14, 2020, the Department of State announced a phased resumption of routine visa services which has been updated a few times; however, there continues to be no worldwide standard policy/procedure for visa appointment scheduling at this time.
USCIS and DOL Updates:
Premium Processing Service: USCIS raised the PPS filing fee to $2,500 for cases received on or after October 19, 2020. For an update on potential future changes to PPS, see our post here.
Public Charge: As of November 5, 2020, USCIS is once again permitted to enforce its public charge rule, e.g. the “wealth test.”
Fee Changes: USCIS filing fee and form changes were enjoined by a District Court as of September 29, 2020.
H-1B Rule: The administration is pushing forward with new rules on H-1Bs. The changes to prevailing wages went into effect on October 8, 2020 and was put on hold by a District Court on December 1, 2020. The restriction of the definition of “specialty occupation” is also now on hold by a District Court. On October 28, 2020, the administration released a proposed rule changing the H-1B registration from a random lottery selection to a wage-based selection process.
Interviews/Appointments: On June 4, 2020, USCIS Field Offices started a phased re-opening process. Most employment-based adjustment of status interviews are being waived. Naturalization interviews are being prioritized. As interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants. USCIS is checking CBP records and automatically rescheduling interviews if the applicant has traveled outside the U.S. in the last 14 days. USCIS Application Support Centers are still working to reschedule cancelled biometrics appointments; as of December 2020 the total biometrics backlog is approximately 1.3 million applications.
Deadline Flexibility: In response to the COVID-19, USCIS will consider a response to an RFE, NOID, NOIR, and other requests and notices received up to 60 calendar days after the due date before taking any action. This flexibility applies if the issuance date listed on the request, notice, or decision is between March 1, 2020, and January 31, 2021, inclusive. See full announcement here.
Service center operations remain mostly unchanged.
Deferred Action for Childhood Arrivals (DACA): On Friday, December 4, 2020, a federal judge ordered the administration to fully re-implement the DACA program. The DACA program was upheld by the U.S. Supreme Court in June 2020.
U.S. Passport Agency: On August 3, 2020, the U.S. Passport Agency announced a phased re-opening. https://travel.state.gov/content/travel/en/passports.html
Form I-9 Completion During COVID-19: See our August post for further information. The I-9 flexibility provisions have been extended to January 31, 2021.
Reminder: Changes are rapidly evolving and may not be immediately posted here.
© Jewell Stewart & Pratt PC 2021