President Joe Biden issued a proclamation Friday to bar entry to the country to most foreign nationals traveling from India beginning May 4.

Key Points:

  • Under the terms of the proclamation, the U.S. will bar entry to individuals who have been physically present in India in the 14 days prior to entering the U.S. U.S. citizens, lawful permanent residents, close family of U.S. citizens and lawful permanent residents and a limited number of others are exempt.
  • The proclamation will take effect at 12:01 a.m. EDT on May 4. It will not apply to individuals aboard flights scheduled to arrive in the U.S. if they departed prior to 12:01 a.m. EDT on May 4.
  • Earlier this week, the U.S. Embassy announced it would extend until May 15 the cancellation of in-person and interview-waiver appointments at the embassy and U.S. consulates in Chennai, Hyderabad and Kolkata. The embassy website now indicates appointments are canceled at the Mumbai consulate until May 28.
  • The State Department recently issued a Level 4 travel advisory warning against travel to India because of the COVID-19 conditions.

Background: In addition to the upcoming restrictions on travel from India, the U.S. continues to bar entry to most foreign nationals who have been physically present in Brazil, China, Iran, Ireland, South Africa, the United Kingdom or the Schengen Area in the 14 days prior to entering the country. U.S. citizens, lawful permanent residents and a limited number of others are exempt. The State Department provided additional guidance this week on national interest exemptions. Anyone flying to the U.S., including citizens and lawful permanent residents, 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: BAL will continue to monitor implementation of the new restrictions and will provide updates on developments. BAL continues to urge foreign nationals 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 the U.S.

This alert has been provided by the BAL U.S. Practice group. 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 Department of Homeland Security (DHS) has announced it will extend the deadline for REAL ID compliance for 19 months because of the ongoing COVID-19 pandemic.

Key Points:

  • The deadline of Oct. 1, 2021, for REAL ID compliance is now extended until May 3, 2023.
  • The extension gives states additional time to issue driver’s licenses that comply with requirements under the REAL ID Act.
  • Beginning May 3, 2023, travelers 18 and older must show a REAL ID-compliant driver’s license or identification card at airport security for domestic air travel.

Background: The federal REAL ID Act requires  that states issue driver’s licenses and identification documents that comply with heightened security standards. Many states have temporarily closed or limited services at their DMV offices because of COVID-19. The extended deadline will give applicants additional time to apply for REAL IDs and states additional time to process applications. The deadline has been extended a number of times in the past, most recently in March 2020.

This alert has been provided by the BAL U.S. Practice group. 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.

U.S. Immigration and Customs Enforcement (ICE) announced this week that next school year the agency would continue to follow guidance that allows international students to take more online classes than normal.

Key Points:

  • ICE’s Student and Exchange Visitor Program (SEVP) will continue to follow guidance originally issued in March 2020 for the 2021-2022 school year. The guidance was extended without modification.
  • The guidance confirms that students in new or initial status who are outside the U.S. may not enter the country if their program of study will be 100% online. To be eligible to enter the U.S. in initial status, the student’s program of study must be a hybrid program with some in-person learning requirement.
  • Students who are already in the U.S. in F-1 or M-1 status may remain even if their program is fully online.
  • Stakeholders should continue to refer to ICE’s resources at ICE.gov/Coronavirus for information about the original guidance.

Background: ICE put the guidance in place last March as universities and colleges moved classes online because of the COVID-19 pandemic. ICE briefly adopted a policy in July that would have barred F or M visa holders who were already in the U.S. from remaining in the country if they attended universities that only offered online courses. The agency rescinded the policy, however, after number of universities sued to block it from taking effect. ICE has now confirmed the March 2020 policy will be extended through the next school year.

This alert has been provided by the BAL U.S. Practice group. 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. Embassy in India has extended its cancelation of visa interviews to May 15 amid a surge in COVID-19 cases in India.

Key Points:

  • All visa appointments, both in-person and interview-waiver appointments, at the U.S. Embassy in New Delhi and U.S. consulates in Chennai, Hyderabad and Kolkata are canceled until May 15. Last week, the Embassy announced the cancelation of appointments from April 26 to May 9.
  • The Embassy and Consulates will make every attempt to honor scheduled emergency visa appointments.
  • Emergency services for U.S. citizens will continue to be available.
  • The U.S. consulate in Mumbai is only providing essential services to U.S. citizens, visa applicants in need of emergency services, and is the only consulate continuing to honor drop box appointments.
  • The U.S. State Department recently issued a Level 4 travel advisory warning against travel to India because of conditions related to COVID-19.

Background: U.S. consular operations around the world remain limited and are subject to change depending on local conditions. The U.S. continues to bar entry to most foreign nationals who have been physically present in Brazil, China, Iran, Ireland, South Africa, the United Kingdom or the Schengen Area 14 days prior to entering the country. These regional COVID-19 entry bans do not have an expiration date and will remain in effect until President Joe Biden lifts or modifies them. Additionally, all travelers flying to the U.S., including U.S. citizens and lawful permanent residents, 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: U.S. consulates in India and other countries continue to operate at reduced capacity, and applicants should expect significant delays in obtaining visa appointments. Foreign nationals are strongly encouraged to consult their BAL professional before planning international travel as travel restrictions may change with little notice and could impact their ability to re-enter the U.S.

This alert has been provided by BAL. 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 White House has announced President Joe Biden’s intended nominee for director of U.S. Immigration and Customs Enforcement (ICE).

Key Points:

  • Biden will nominate Ed Gonzalez for director of ICE.
  • Gonzalez is a career law enforcement professional, currently serving as the Sheriff of Harris County, Texas, the third largest sheriff’s office in the nation. In the position, Gonzalez manages over 5,000 employees in a county with 4.5 million residents. Previously, Gonzalez held various positions in the Houston Police Department and served on the Houston City Council.
  • This nomination is subject to Senate confirmation.

Additional Information: The White House announced Biden’s intended nomination for director of ICE Tuesday. Biden announced his intended nominees for other key immigration jobs earlier this month, including Ur Mendoza Jaddou for director of U.S. Citizenship and Immigration Service (USCIS) and Chris Magnus for U.S. Customs and Border Protection (CBP). Biden announced last week that he would nominate Rena Bitter for Assistant Secretary of State, Consular Affairs.

This alert has been provided by the BAL U.S. Practice group. 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 the availability of National Interest Exemptions (NIEs) to the U.S.’s regional travel bans, applying certain NIE determinations to all regional travel restrictions currently in effect.

Key Points:  

  • The State Department’s “vital support for critical infrastructure” for business travel now applies to all of the regional travel bans. Previously, the agency’s NIE guidance only applied to travel from Ireland, the United Kingdom and the Schengen Area.
  • Students physically present in Brazil, China, Iran or South Africa in the 14 days before entering the United States may qualify for an NIE only if their academic program begins on or after Aug. 1, 2021. Previously, the State Department had only provided guidance on exemptions for students traveling from Ireland, the United Kingdom or the Schengen Area.
  • Students with valid F-1 and M-1 visas intending to begin or continue an academic program on or after Aug. 1, 2021, do not need to contact an embassy or consulate to seek an individual NIE to travel. They may enter the United States no more than 30 days before the start of their academic studies.
  • Students seeking to apply for new F-1 or M-1 visas should check the status of visa services at the nearest embassy or consulate; those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for an NIE to travel.

Background: The regional travel bans bar entry to most foreign nationals who have been physically present in Brazil, China, Iran, Ireland, South Africa, the United Kingdom or the Schengen Area in the 14 days before entry. These bans will remain in place until President Joe Biden lifts or modifies them. The State Department has updated its guidance on NIEs multiple times, most recently on April 8. 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: While the announcement clarifies who will be eligible for NIEs, a number of travel restrictions remain in place. Consulates continue to operate at reduced capacity, and applicants should expect significant delays in obtaining visa appointments as operations gradually resume. Foreign nationals should continue to consult their BAL professional before planning international travel.

BAL’s Government Strategies team is hosting a webinar on Thursday, April 29 on the latest developments in U.S. immigration, including the impact of COVID-related travel restrictions.

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.

U.S. Citizenship and Immigration Services (USCIS) announced Tuesday that it would reinstate guidance that directs officers to generally give deference to prior USCIS decisions when considering extension requests involving the same parties and facts.

Key Points:  

  • The new policy reinstates in substance USCIS’s 2004 guidance on deference that the Trump administration reversed in 2017. The new guidance instructs officers to give deference to past USCIS decisions when adjudicating extension requests involving the same parties and facts except in cases of material error in the prior approval, material change in circumstances, or new material facts that impact eligibility.
  • If an officer determines deference to a prior approval is not appropriate, the guidance requires them to acknowledge the previous approval(s) in the denial, Request for Evidence, or Notice of Intent to Deny; articulate the reason for not deferring to the previous determination; and provide the petitioner or applicant an opportunity to respond to the new information. The officer must also obtain supervisory approval before deviating from a prior approval in their final decision.
  • The new guidance also affirms that USCIS will consider, but not defer to, previous eligibility determinations on petitions or applications made by other U.S. government agencies.
  • The new guidance will take immediate effect and will supersede all related prior guidance, including the 2017 memorandum.

Additional Information: USCIS issued the updated guidance in accordance with President Joe Biden’s Feb. 2 executive order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” In its announcement, USCIS said affording deference would promote “efficient and fair adjudication of immigration benefits.” The new guidance can be read in its entirety here.

BAL’s Government Strategies team is hosting a webinar on Thursday, April 29, on the latest developments in U.S. immigration, including the impact of today’s announcement from USCIS.

This alert has been provided by the BAL U.S. Practice group. 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. Embassy in New Delhi announced Friday that it would cancel in-person visa appointments and interview-waiver appointments from April 26 to May 9, as COVID-19 cases continue to surge in India.

Key Points:  

  • While the Embassy will cancel most appointments, officials said they would make “every attempt” to honor scheduled emergency appointments. Emergency services for U.S. citizens will also continue.
  • The Embassy said U.S. Consulates in Chennai, Hyderabad and Kolkata continue to offer limited visa services, but may cancel some appointments as required by local COVID-19 conditions.
  • The cancellations are an example of how unpredictable consular services can be during the pandemic. Even before Friday’s announcement, BAL had seen an increasing number of cancellations at U.S. consulates in India. Consulates have also reached out to some applicants instructing them to use the drop box for certain submissions.
  • Globally, consular operations remain limited and conditions change frequently. In addition, regional travel bans remain in place barring entry to most foreign nationals who have been physically present in Brazil, China, Iran, Ireland, South Africa, the United Kingdom or the Schengen Area in the 14 days before entry. 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: U.S. consulates in India and other countries 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.

While rumors are circulating regarding potential modifications to travel restrictions, and while the transportation industry is advocating for opening travel between the U.S. and the U.K., no definitive information in this regard has been released by the White House, State Department, Department of Homeland Security (DHS) or Centers for Disease Control (CDC). The regional COVID-19 restrictions do not have a set expiration date and will remain in effect until President Joe Biden lifts or modifies them.

BAL’s Government Strategies team is hosting a webinar next week on the latest developments in U.S. immigration, including the impact of travel restrictions and consular operations on planning travel and work assignments for foreign national employees.

This alert has been provided by the BAL U.S. Practice group. 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 White House has announced President Joe Biden’s intended nominee for the State Department post that oversees consular affairs.

Key Points:  

  • Biden will nominate Rena Bitter for Assistant Secretary of State, Consular Affairs.
  • Bitter is a career member of the Senior Foreign Service and Dean of the Leadership and Management School at the State Department’s Foreign Service Institute. She was previously the U.S. ambassador to Laos, U.S. Consul General in Ho Chi Minh City, Vietnam, and chief of the consular section in Amman, Jordan. She also served in London, Bogota and Mexico City. In Washington, she was Director of the State Department’s Operations Center and a Special Assistant to the Secretary of State.
  • The nomination is subject to Senate confirmation.

Additional Information: The White House announced Biden’s pick for Consular Affairs Wednesday. Earlier this month, the White House announced Biden’s nominations of Ur Mendoza Jaddou to be director of U.S. Citizenship and Immigration Services (USCIS) and Chris Magnus for commissioner of U.S. Customs and Border Protection (CBP). Biden has not yet announced a pick for director of U.S. Immigration and Customs Enforcement (ICE). The Senate confirmed Biden’s pick for Secretary of Homeland Security, Alejandro Mayorkas, in February.

This alert has been provided by the BAL U.S. Practice group. 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 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 Thursday, April 22.

Key Points:

  • The restrictions will remain in place through 11:59 p.m. EDT on May 21.
  • Only “essential travel” will be permitted through land ports of entry along the U.S.-Canada and U.S.-Mexico borders.
  • The list of individuals permitted to engage in “essential travel” includes:
    • U.S. citizens and lawful permanent residents (LPRs) returning to the U.S.
    • Individuals traveling to work in the U.S. (e.g., agricultural workers), engaging in lawful cross-border trade (e.g., truck drivers transporting goods), or traveling to attend school, receive medical treatment, for public health purposes, or a limited number of other reasons.
  • The restrictions do not apply to air or sea travel, but do apply to passenger rail, passenger ferry travel and pleasure boat travel.

Additional Information: The nonessential travel bans, introduced in March 2020 because of COVID-19, were initially in place for 30 days and have been extended numerous times since then.

This alert has been provided by the BAL U.S. Practice group. 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.