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

, , , , ,

Update on Implementation of Public Charge Rule

, , , , ,

As previously posted, on Monday, January 27, 2020, the U.S. Supreme Court granted the administration’s request for a stay of the nationwide injunction against the administration’s public charge rule, which cleared a path for the Department of Homeland Security (“DHS”) to implement the public charge rule within the United States starting on February 24, 2020.

The new rule drastically changes 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.), and affects not only family-based but also employment-based filings.

, ,

USCIS Unlawful Presence Policy Memorandum for Fs, Js, and Ms Permanently Enjoined by District Court

, ,

As described in a prior post, on May 10, 2018, USCIS announced a policy memorandum titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants” (“memo” or “unlawful presence memo”). This memo was finalized on August 9, 2018. As background, F, J, and M nonimmigrant visas are for international students, scholars, and participants in international educational/cultural exchange programs (including interns and trainees). In brief, the memorandum would have changed the start of accrual of “unlawful presence” for F, J, and M nonimmigrants from the day after DHS made a formal finding that the individual violated their nonimmigrant status to the day after the individual engaged in an unauthorized activity. Unlawful presence often has serious, irreversible consequences such as bars to re-entry to the United States. This memo essentially undid years of law and policy that allow for notice and due process before a bar is applied.

The memo has been the subject of litigation, and on February 6, 2020, in the case of Guilford College et al. v. Chad Wolf, U.S. Department of Homeland Security et al., No. 1:18CV891 (M.D. N.C. Feb. 6, 2020), the U.S. District Court for the Middle District of North Carolina granted the Plaintiff’s motion for partial summary judgment and issued a permanent, nationwide injunction enjoining USCIS from enforcing the memo

, ,

USCIS Webinar Provides Details on H-1B Electronic Registration System

, ,

As discussed in prior posts, USCIS is taking steps to implement an electronic registration system for use in the upcoming H-1B cap lottery for government fiscal year 2021. More details were released this week in a USCIS webinar for “Registrants”—that is, the companies and organizations seeking to submit an H-1B petition.

In the webinar USCIS stated that Registrants will be able to set up accounts on February 24, one week before the registration window of March 1-20 opens. The agency confirmed that should the electronic system fail, it would require petitioners to submit full petitions as in past cap seasons; related filing deadlines will be announced later, should they become necessary.

, , ,

Update on Expansion of Travel Ban 3.0

, , ,

On January 31, 2020, the Trump administration expanded the current Travel Ban (commonly referred to as “Travel Ban 3.0”), which has been deemed lawful by the U.S. Supreme Court, to include additional countries. As with prior versions of Travel Ban 3.0, the expansion suspends entry by preventing visa issuance to citizens and nationals of the listed countries. As the ban is a visa issuance restriction and not an entry restriction, nationals from the affected countries who already hold visas may continue to use those visas.   

, ,

Travel Ban Expanded to Include Additional Countries

, ,

On January 31, 2020, the Trump administration announced via Presidential Proclamation that, effective February 21, 2020 at 12:01 am eastern standard time, the travel ban will now apply to nationals from Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania.

, , , , ,

Update on DHS and DOS Public Charge Rule

, , , , ,

Update:

USCIS announced on January 31, 2020 that it will implement the rule changes for filings received on or after February 24, 2020. New forms are to be released the week of February 3, 2020.

Original post:

As discussed in a prior post, the administration’s “public charge” rule changes 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.). While litigation has delayed the implementation of the rule, on Monday, January 27, 2020, the U.S. Supreme Court granted the administration’s request for a stay of the nationwide injunction against the rule, which clears a path for the Department of Homeland Security (“DHS”) to implement the public charge rule within the United States, except for Illinois, which has a statewide injunction that remains in place.

, , ,

USCIS Announces Further Details About H-1B Electronic Registration

, , ,

As discussed in our previous blog posts, USCIS is taking steps to implement an electronic registration to be used in the upcoming H-1B cap lottery for Fiscal Year 2021. A few further implementation details have now been released in a Federal Register posting dated January 9, 2020, and in a press release dated January 10, 2020. USCIS noted the following details:

  • The initial registration period will open from March 1 through March 20, 2020.

  • H-1B cap-subject petitioners, including those seeking Master’s cap H-1Bs, will be required to first register electronically with USCIS and pay the associated $10 H-1B registration fee for each submission.

, ,

Update on L-1 Intracompany Transferee Filings at the U.S.-Canada Border

, ,

This is a brief update on L-1 “intracompany transferee” visa processes for Canadian citizens, because those processes began changing in April 2018.  As background, the L-1 intracompany transferee visa, in most cases, requires that the employer first file and obtain USCIS approval of an L-1 petition, and that the prospective L-1 employee (the beneficiary) then apply in person to a U.S. Consulate in their home country for a physical L-1 visa.  Canadian citizens are usually “visa-exempt,” meaning they are not required to get a physical visa from a U.S. Consulate.  Moreover, for L-1 visas, the North American Free Trade Agreement (NAFTA) allows for eligible Canadian citizens to submit their U.S. employer’s L-1 petition directly at a “Class A” port of entry (POE) for on-the-spot adjudication by U.S. Customs & Border Protection (CBP) at the same time the individual is asking CBP for admission to the U.S.