Immigration News
Jewell Stewart Pratt Beckerson & Carr PC
December 2021 marks JSP’s 25th anniversary, having been founded by Phyllis Jewell in 1996! Big kudos to Phyllis for her vision in founding and building the firm, creating opportunities for thousands of clients over the past 25 years. The partners, lawyers, and professional staff of JSP all look forward to the next 25 years of serving our clients in their U.S. immigration matters.
© Jewell Stewart & Pratt PC 2021
12/28/2021 update:
On December 24, 2021, the Biden Administration stated that it would lift the Southern African travel ban at midnight on December 31, 2021.
Original post 11/29/2021:
On November 26, 2021, the Biden Administration issued a new geographic travel ban due to the emerging Omicron COVID-19 variant. The ban goes into effect today, November 29, 2021, and suspends entry for anyone present in the listed countries for the 14 days preceding entry. The countries include: Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe. Many of the same exceptions apply as with previous bans, such as Lawful Permanent Residents, parents of minor U.S. citizens, and spouses of U.S citizens. As of this writing, DHS has not announced implementation details except via an announcement to air carriers which instructs that previously granted National Interest Exception (NIE) waivers are void as to this ban, and that this ban does not affect the vaccine and testing requirements for U.S. entry that are currently in place. The Department of State has a short summary of the new ban here.
© Jewell Stewart & Pratt PC 2021
On November 19, 2021, USCIS announced that it ran a third H-1B lottery on 2021 (FY 2022) registrations. The petition filing period based on the new selected registrations will be from November 22, 2021 to February 23, 2022. We will be notifying clients of additional selections and next steps for filing ASAP. Thank you for your patience!
© Jewell Stewart & Pratt PC 2021
11/12/2021 Update: On November 12, 2021, USCIS released a confirming policy memo and corresponding policy manual changes that, in addition to the H-4 and L-2 changes discussed below, also includes automatic extensions of work authorization for E spouses (including E-1, E-2, and E-3 dependent spouses).
Original post:
On November 10, 2021, the American Immigration Lawyers Association and its litigation partners announced that it has reached a settlement that “provides structural changes for nonimmigrant H-4 and L-2 spouses suffering from long delayed processing times for the processing of applications for employment authorization.”
Under the settlement agreement, the U.S. Citizenship and Immigration Service (USCIS) will reverse its policy that prohibited H-4 spouses from benefiting from an automatic extension of their employment authorization during the pendency of certain employment authorization document (EAD) applications. It will also reverse its policy that L-2 spouses must apply for employment authorization prior to working in the United States.
H-4 dependent spouses covered by the Settlement Agreement are those who:
Properly filed an application to renew their H-4 based EAD before it expired.
Have an unexpired Form I-94 showing their status as an H-4 nonimmigrant.
Will continue to have H-4 status beyond the expiration date of their EAD.
Under the Settlement Agreement, USCIS will treat H-4 nonimmigrants who timely file their I-765 EAD renewal applications, and continue to have H-4 status beyond the expiration date of their EAD, as qualifying for an automatic extension of their employment authorization. Such an automatic extension will terminate on the earlier of: the end date of the individual’s H-4 status on Form I-94, the approval or denial of the Form I-765 EAD renewal application, or 180 days from the “Card Expires” date on the face of the EAD.
USCIS is expected to issue guidance shortly; and within 120 days of 11/10/2021, USCIS will amend the receipt notice currently issued to H-4 EAD applicants to describe EAD auto-extension eligibility.
Summary of changes for L-2 Spouses:
All L-2 spouses are covered by the terms of the settlement agreement.
USCIS will issue policy guidance within 120 days that states that all L-2 spouses are work authorized incident to status (i.e., they do not require an EAD or “work permit”). USCIS will also work with CBP to start issuing I-94s for L-2 spouses that indicate that they may be used as a List C document for I-9 purposes.
L-2 spouses with timely-filed pending EAD renewals who are still in L-2 status now qualify for an automatic 180-day extension to their EADs, not to exceed their L-2 status (I-94) expiry. USCIS will also issue guidance for how employers can re-verify work authorization for those with pending EADs by using the facially expired EAD, the receipt notice showing timely filing, and an unexpired I-94.
“Until the Form I-94 is changed to identify that the bearer is an L-2 spouse, for I-9 purposes, it will not be sufficient evidence of employment authorization acceptable under List C of Form I-9. L-2 spouses with pending renewal EAD applications may, however, receive automatic extensions of their EADs and present the combination of documents described above to their employers to satisfy Form I-9 requirements.”
© Jewell Stewart & Pratt PC 2021
Starting today, November 8, 2021, the COVID-related travel bans are now lifted and the new vaccine and testing requirements are in effect for air travel to the U.S. For all the details on these new requirements for U.S. citizens, Lawful Permanent Residents, and nonimmigrant visa holders, please refer to our previous post.
The U.S./Canada and Mexico land borders (including ferries) are now also open to non-essential travel. There is a vaccine requirement in effect, but no testing requirement for land border travel. There are exceptions for U.S. citizens, Lawful Permanent Residents, children under 18, and those traveling for “essential” reasons. Starting on January 21, 2022, vaccines will be required for foreign nationals regardless of the reason for land border travel. DHS provided a Fact Sheet and FAQs for further information.
© Jewell Stewart & Pratt PC 2021
12/03/2021 update:
On December 2, 2021, the CDC amended its order regarding testing requirements for all air passengers 2 years of age or older to require a negative test within 1 day of boarding a flight to the U.S. The new requirement goes into effect for flights departing to the U.S. from a foreign country at or after 12:01 AM EST (5:01a AM GMT) on December 6, 2021.
Original post, last updated 11/08/2021:
On October 25, 2021, the Biden Administration issued a Proclamation concerning the ongoing COVID-related travel bans. This executive action, A Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, revokes the geographic-related COVID bans issued in 2020-2021 in response to the COVID-19 pandemic. It also creates a new global travel ban for unvaccinated nonimmigrant travelers, with certain exceptions. The new travel ban applies only to unvaccinated air travelers to the United States and does not affect visa issuance.
Frequently Asked Questions:
When will the geographic travel bans be lifted? The bans will be lifted and the new vaccine requirement will take effect for flights to the U.S. departing on/after November 8, 2021 at 12:01 AM ET.
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. (Sputnik V will not qualify.) Mix-and-match vaccines will be accepted. The CDC considers someone as fully-vaccinated 14 days following the second of a two-dose series or 14 days after a single-dose. See the CDC website for further details.
Will a negative COVID test still be required? Yes. A negative test must be taken within 3 days of the flight for fully-vaccinated individuals. Children under two-years old and persons with documentation of recovery from COVID in the last 90 days do not need to test.
How will vaccine status be verified? Airlines will verify vaccine status as part of the boarding process. For acceptable forms of proof, refer to the CDC website.
Will there be any exceptions to the vaccine requirement? The limited exceptions include the following:
Persons on diplomatic or official foreign government travel
Children under 18 years of age
Persons with documented medical contraindications to receiving a COVID-19 vaccine
Persons issued a humanitarian or emergency exception
Persons with valid visas [excluding B-1 (business) or B-2 (tourism) visas] who are citizens of a foreign country with limited COVID-19 vaccine availability
Members of the U.S. Armed Forces or their spouses or children (under 18 years of age)
Sea crew members traveling with a C-1 or D nonimmigrant visa
Persons whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)
How will vaccine exceptions be administered? Airlines will be primarily responsible for verifying that an exception is met. For the humanitarian, emergency, or national interest exceptions, a paper or digital letter confirming approval may be issued by a U.S. Embassy or Consulate. See the CDC technical instructions for further details.
What are the requirements to travel to the U.S. for unvaccinated persons who meet one of the above exceptions?
Per the CDC website:
If you travel by air to the United States under one of these exceptions, you will be required to attest that you are excepted from the requirement to present Proof of Being Fully Vaccinated Against COVID-19 based on one of the exceptions listed above.
You must also have a negative COVID-19 test result taken no more than 1 day before travel.
Based on the category of the exception, you may have further requirements, such as attesting to the following:
You will be tested with a COVID-19 viral test 3–5 days after arrival in the United States, unless you have documentation of having recovered from COVID-19 in the past 90 days;
You will self-quarantine for a full 7 days, even if the test result to the post-arrival viral test is negative, unless you have documentation of having recovered from COVID-19 in the past 90 days; and
You will self-isolate if the result of the post-arrival test is positive or if you develop COVID-19 symptoms.
Based on the category of the exception, if you intend to stay in the United States for longer than 60 days you may additionally be required to attest that:
You agree to be vaccinated against COVID-19; and
You have arranged to become fully vaccinated against COVID-19 within 60 days of arriving in the United States, or as soon thereafter as is medically appropriate, unless (for children) you are too young to be vaccinated.
What does this mean for existing visa holders or ESTA travelers? On/after November 8, 2021 at 12:01 AM ET, existing visas and/or approved ESTAs for fully-vaccinated individuals may be used for travel without need of a National Interest Exception.
What does this mean for my upcoming visa appointment? We are awaiting guidance from the Department of State (“DOS”) on the full resumption of consular services and availability of visa appointments following months of COVID-related closures. An October 25, 2021 update to the DOS website states" “[p]lease note that the rescission of these [Proclamations] does not necessarily mean that your local U.S. embassy or consulate is able to immediately schedule all affected applicants for visa interviews.” However, “[DOS] can process visa applications for individuals physically present in the [previously banned] countries.”
Are there any travel requirements for U.S. citizens, Lawful Permanent Residents, or immigrant visa holders returning to the United States? Yes. U.S. citizens, Lawful Permanent Residents, and immigrant visa holders boarding a flight to the United States are required to show one of the following:
If you are fully vaccinated: Proof of vaccination and a negative COVID-19 test result taken no more than 3 days before travel.
If you are NOT fully vaccinated: A negative COVID-19 test result taken no more than 1 day before travel.
Children under 2 years old do not need to test. There are also accommodations for people who have documented recovery from COVID-19 in the past 90 days.
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. For updates on land border travel, please refer to this post.
Reminder: Changes are rapidly evolving and may not be immediately posted here.
© Jewell Stewart & Pratt PC 2021
The U.S. Department of State’s instructions for the 2023 Diversity Immigrant Visa Program (DV-2023) are now available and entries must be submitted electronically by November 9, 2021 at 12PM ET.
Persons born in the following countries 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, United Kingdom (except Northern Ireland) and its dependent territories, Venezuela, and Vietnam.
Natives of Macau SAR and Taiwan are eligible.
Eligibility requirements and entry instructions are on the U.S. Department of State’s DV lottery web site.
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 2023, 55,000 diversity visas will be available.
© Jewell Stewart & Pratt PC 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
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
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
