Immigrant Visas

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New Policies Requiring Visa Interviews in Applicants’ Home Countries 

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On September 6, 2025, the Department of State announced a policy that applicants must apply for nonimmigrant visas in their home countries. This policy reverses years of flexibility in interview location choice: the prior policy allows applicants to interview anywhere they were physically present, albeit often with lengthier wait times for appointments.  

The policy states: 

  • Applicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence. 

  • Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations must apply at the designated embassy or consulate, unless their residence is elsewhere. . . . 

Applicants should note the following: 

  • Residence Requirement: Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency. 

  • Fees: Applicants who schedule nonimmigrant interviews at a U.S. embassy or consulate outside of their country of nationality or residence might find that it will be more difficult to qualify for the visa. Fees paid for such applications will not be refunded and cannot be transferred.  

  • Existing Appointments: Existing nonimmigrant visa appointments will generally not be cancelled. 

  • Exceptions: This guidance does not apply to applicants for A, G, C-2, C-3, NATO visas, applicants for diplomatic-type or official-type visas (regardless of classification), or applicants for any visa for travel covered by the UN Headquarters Agreement. Rare exceptions may also be made for humanitarian or medical emergencies or foreign policy reasons. 

Although the policy states that applicants “should” apply in their home country (vs. “must”), the word “should” is followed by the list of exceptions, so the rule may be interpreted as a strict requirement. It is also unclear whether someone residing in another county pursuant to a temporary visa may be considered a “resident” for the purposes of a nonimmigrant visa interview. Internal guidance to consular officers may be clearer on these points. As the policy is rolled out and implemented, practices may vary from post to post. 

This policy change follows on the heels of a similar announcement with regard to immigrant visa applications (i.e., for permanent residence, AKA green cards), which must also generally be completed in the country of citizenship. 

Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2025

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Entry for 2025 Diversity Visa Lottery program opens October 4, 2023

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The U.S. Department of State’s instructions for the 2025 Diversity Immigrant Visa Program (DV-2025) are now available and entries must be submitted electronically between October 4, 2023, at 12:00 noon, Eastern Daylight Time (EDT)(GMT-4) and November 7, 2023, at 12:00 Noon, Eastern Standard Time (EDT)(GMT-5). Submission of more than one entry for a person during the registration period will disqualify all entries for that person.

For DV-2025, persons who are natives of the following countries and areas are not eligible to apply:

Bangladesh, Brazil, Canada, China (including Hong Kong SAR)*, Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, and Vietnam.

*Natives of Macau SAR and Taiwan are eligible.

Note: United Kingdom and its dependent territories are eligible for DV-2025.

Eligibility requirements and entry instructions are on the U.S. Department of State’s website here: Diversity Visa Instructions.

The congressionally-mandated Diversity Immigrant Visa Program is administered annually by the Department of State under Section 203(c) of the Immigration and Nationality Act (INA). This law provides for a class of immigrants known as diversity immigrants, with visas made available to persons from countries with historically low rates of immigration to the United States. For fiscal year 2025, up to 55,000 diversity visas will be available.

© Jewell Stewart & Pratt PC 2023

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U.S. Immigration & Travel Updates - September 2021

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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

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U.S. Immigration & Travel Updates - August 2021

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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

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U.S. Immigration & Travel Updates - July 2021

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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

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U.S. Immigration & Travel Updates - June 2021

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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

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U.S. Immigration & Travel Updates - May 2021

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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

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U.S. Immigration & Travel Updates - April 2021

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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

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U.S. Immigration & Travel Updates - March 2021

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Last updated: 03/12/2021

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 COVID-19 geographic travel restrictions or the nonimmigrant (H/L/J) visa issuance bans (currently expiring March 31, 2021) in place, or, if the bans are lifted, how the Embassies will process visas given COVID-19 safety restrictions.

Following is a list of recent updates:

  • Public Charge or “Wealth Test”: On March 9, 2021, DHS issued a statement saying that “continuing to defend the final rule, Inadmissibility on Public Charge Grounds, 84 Fed. Reg. 41,292 (Aug. 14, 2019) (2019 Rule), is neither in the public interest nor an efficient use of limited government resources. Consistent with that decision, the Department of Justice will no longer pursue appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 Rule.” On March 10, USCIS updated its website to note that the Form I-944, Declaration of Self-Sufficiency, is no longer required for Adjustment of Status filings, and that any information included or required on forms related to the 2019 rule will be disregarded. USCIS is reverting to its 1999 guidance when making inadmissibility determinations regarding public charge.

  • Temporary Protected Status (“TPS”) for Venezuela and Burma: DHS designated Venezuela and Burma for TPS, which means that eligible Venezuelans and Burmese may apply for TPS and an employment authorization document (“EAD” or “work permit”) until September 2022.

  • F-1 OPT EADs: USCIS announced certain flexibilities for F-1 students experiencing receipt delays or rejections on their OPT EAD applications, allowing for a full 12-month OPT EAD period and allowing re-filing of certain cases that were previously rejected, or re-issuance/correction of certain EADs that were shorted. USCIS also announced that it will not reject applications with missing or deficient signatures and will instead issue a “Request for Evidence” so that applicants may correct the errors.

  • E-3 Visas: USCIS’s Premium Processing Service is now available for E-3 (Australian) change of employer and extension of status petitions.

  • Civics Test: USCIS has reverted to using the 2008 version of the Civics Test for citizenship (naturalization) applications.

  • H-1B Cap: The H-1B Cap for FY 2022 will be a random lottery; the registration period will run from March 9-25, 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.

  • Immigrant Visa Ban: On February 24, 2021, President Biden rescinded the Immigrant Visa Ban. The Nonimmigrant (H/L/J) visa ban remains in place until March 31, 2021 (or until rescinded or extended).

  • 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, the Department of State announced a change to the “National Interest Exception” standard, which allows for a waiver of the COVID ban for persons in Europe if the applicant is “seeking to provide vital support for critical infrastructure.” F-1/M-1 students also remain excepted, and NIEs remain available for humanitarian travel, public health response, and national security.

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

© Jewell Stewart & Pratt PC 2021

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President Biden Issues Proclamation Revoking Immigrant Visa Ban

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Last updated: 02/25/2021

On February 24, 2021, President Biden issued a President Proclamation revoking Proclamation 10014, known as the Immigrant Visa Ban or “IV Ban”. The IV Ban prevented the issuance of U.S. permanent residence (green card) visas by U.S. Embassies and Consulates for foreign nationals outside the U.S. Today’s Proclamation states in part that the IV Ban:

“does not advance the interests of the United States. To the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here. It also harms industries in the United States that utilize talent from around the world. And it harms individuals who were selected to receive the opportunity to apply for, and those who have likewise received, immigrant visas through the Fiscal Year 2020 Diversity Visa Lottery.”

The Proclamation is posted here. The Department of State also issued guidance for IV applicants and visa holders (including Diversity Visa applicants/holders), available here.

Nonimmigrant visa bans (preventing temporary visa issuance by U.S. Embassies and Consulates until March 31, 2020 or revocation) and COVID travel bans remain in effect as of this writing. Permanent residence applications and visa petitions filed for foreign nationals inside the U.S. continue to be unaffected.

© Jewell Stewart & Pratt PC 2021