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U.S. embassies and consulates abroad continue to operate at a reduced capacity due to COVID-19, with U.S. consulates in India, Mexico and the United Kingdom among those that have recently announced new or extended service limitations.
India:
Mexico:
United Kingdom:
BAL Analysis: Consulates continue to operate at reduced capacity, and applicants should expect significant delays in obtaining visa appointments. Foreign nationals should continue to consult their BAL professional before planning international travel.
This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The U.S. State Department has provided new guidance on eligibility for national interest exemptions (NIEs) to the U.S.’s regional travel bans, including a new exemption for travelers providing “executive direction” for critical infrastructure or significant economic activity in the U.S.
Key Points:
Background: The regional travel bans bar entry to many foreign nationals who have been physically present in Brazil, China, India, Iran, Ireland, South Africa, the United Kingdom or the Schengen Area in the 14 days before entry. The bans will remain in place until President Joe Biden lifts or modifies them. The State Department has updated its NIE guidance multiple times, most recently on May 27 and, before that, in late April. Anyone traveling to the U.S. by air must provide documentation of a negative viral COVID-19 test taken within three days of travel or evidence of recovery from a recent COVID-19 infection.
BAL Analysis: The inclusion of “executive direction” in the NIE guidance is a departure from previous guidance that limited eligibility of senior managers and executives for exemptions. Employers and employees are reminded that a number of travel restrictions remain in place. Consulates also continue to operate at reduced capacity, and applicants should expect significant delays in obtaining visa appointments. Foreign nationals should continue to consult their BAL professional before planning international travel.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
U.S. Immigration and Customs Enforcement (ICE) announced today that it would extend Form I-9 flexible procedures for employers operating remotely due to COVID-19.
Background: ICE introduced the temporary measures in March 2020 and has extended them numerous times since then.
This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.
U.S. Customs and Border Protection and the U.S. State Department announced Tuesday that they would allow some U.S. citizen travelers to use recently expired passports to return to the United States.
BAL Analysis: While the change will ease travel procedures for some U.S. citizens returning to the U.S., it only applies to a limited number of travelers, as described above. BAL continues to urge individuals to consult their BAL professional before planning international travel, as travel restrictions may change with little notice and could affect travelers’ ability to re-enter or return to the U.S.
The State Department has advised Americans not to travel to Japan amid a rise of COVID-19 cases.
Additional Information: The State Department’s advisory imposes no new travel restrictions but serves as a warning for those intending to travel. Level 4 travel warnings remain in place for dozens of countries including Brazil, India, Mexico, South Africa, the United Arab Emirates and most of Europe.
BAL Analysis: BAL continues to urge individuals to consult their BAL professional before planning international travel, as travel restrictions may change with little notice and could affect travelers’ ability to re-enter or return to the U.S. BAL continues to monitor COVID-19 travel and immigration restrictions and will provide additional information as it becomes available.
The Department of Homeland Security (DHS) on Monday published a Federal Register notice that formally designated Myanmar (formerly Burma) for Temporary Protected Status (TPS) effective from May 25 to Nov. 25, 2022.
Additional Information: TPS applicants can additionally apply for Employment Authorization Documents and travel authorization as detailed in the Federal Register notice. DHS first announced that Myanmar would receive the TPS designation in March.
The Department of Homeland Security (DHS) on Monday announced a new 18-month designation of Temporary Protected Status (TPS) for Haiti.
Background: DHS initially designated Haiti for TPS in 2010. The Trump administration moved to end Haiti’s TPS designation in January 2018, but termination was challenged in court. Under current injunctions and other court rulings, TPS for Haiti remains in effect pending the outcome of the litigation.
Existing Haitian TPS beneficiaries retain their TPS and TPS-related documents through Oct. 4. DHS will continue to extend the status and documents to beneficiaries if required to comply with court orders. These beneficiaries can also apply to receive TPS for the 18-month period under the new designation.
The Department of Homeland Security will extend the bans on nonessential land travel across the U.S. borders with Canada and Mexico, according to notices set to be published in the Federal Register on Monday, May 24.
Additional Information: The bans on nonessential travel, introduced in March 2020 because of COVID-19, were initially in place for 30 days and have been extended numerous times since then.
U.S. Citizenship and Immigration Services (USCIS) recently announced that the Department of Homeland Security (DHS) would withdraw a 2018 proposed rule that would have eliminated the International Entrepreneur parole program.
Background: The Obama administration established the IE final rule in January 2017. Before the rule took effect, the Trump administration delayed the implementation of the program to seek public comments on a new proposal intending to end the parole program. A federal court vacated the delay in December 2017, forcing USCIS to begin accepting IE parole applications consistent with the Obama administration final rule. The Biden administration now has formally withdrawn the proposal intended to eliminate the IE program.
Additional Information: More information on eligibility requirements and the application process is available on the IE parole program page.
U.S. Citizenship and Immigration Services has announced that in June it will accept employment-based applications for adjustment of status based on the State Department’s Final Action Dates chart.
The Dates for Filing chart published in the June Visa Bulletin will not apply. Employment-based immigrants must follow the Final Action Dates chart (below) to determine whether they are eligible to file their petitions for adjustment of status with USCIS.
Final Action Dates for Employment-Based Preference Cases:
Additional Information: June will mark the sixth time this fiscal year that USCIS will use Final Action Dates for employment-based adjustment-of-status applications. Family-based applicants may use the applicable Dates for Filing chart, except for F2A category applicants, who may use Final Action Dates.