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President Donald Trump signed a proclamation Friday suspending entry of Chinese nationals seeking to enter the U.S. on an F or J visa to study or conduct research in the U.S. if they have connections to an entity in China that implements or supports the country’s “military-civil fusion strategy.” Chinese nationals coming to the U.S. to pursue undergraduate study are not subject to the restrictions.
Key points:
BAL Analysis: Entry of foreign nationals who have been physically present for a 14-day period in China is currently restricted, which means the impact of this proclamation may not be clear for some time. The restrictions on entry will apply only to Chinese nationals who are outside the U.S., though the State Department has discretion to cancel or revoke visas of individuals who are currently in the U.S. so that they cannot re-enter. If the State Department does revoke the visa of a person in the U.S., the visa revocation would only affect future travel and would not rescind the student’s status. The proclamation does not indicate whether or not the restrictions will apply to students who are seeking to enter the U.S. to work under post-graduation Optional Practical Training (OPT). BAL is continuing to review the proclamation and will provide additional analysis in the coming days.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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U.S. Citizenship and Immigration Services (USCIS) is a step closer to issuing a final regulation that would increase immigration-related government filing fees. The agency sent the final regulation to the Office of Management and Budget (OMB) Wednesday, the last stage in the rulemaking process.
Background: The USCIS move to finalize the rule comes as the agency seeks $1.2 billion in emergency funding from Congress to make up for a revenue shortfall because of COVID-19. The agency said it would run out of money this summer without an injection of funding and is reportedly considering imposing a surcharge on petitions and applications to cover the shortfall.
BAL Analysis: After OMB completes its review, the rule will be posted for public inspection on the Federal Register website before being officially published. The rule has been classified as a major rule and is expected to have a 60-day delayed effective date. The impact of the regulation will depend on how it is drafted, and it is not yet known whether the agency made changes from the proposed version. Since the proposed rule included significant policy changes, the final rule could be subject to litigation. BAL is closely monitoring the progress of the regulation and will provide additional analysis when the text is published.
A White House proclamation imposing an entry ban on foreign nationals who have been in Brazil in the past two weeks took effect Tuesday. It is one of a number of COVID-19 travel restrictions that remain in effect even as states, localities and businesses move to reopen.
Current restrictions are as follows:
BAL Analysis: Travel to the U.S. remains limited by country-based entry bans, the suspension of entry for immigrant visa applicants, limitations on consular services abroad, and the suspension of non-essential travel across the U.S.-Canada and U.S.-Mexico borders. Employers should account for affected employees and reschedule travel if necessary. BAL continues to closely monitor COVID-19 related developments, including potential new restrictions, and will provide updates as new information becomes available.
News reports indicate that the Trump administration is planning to cancel the visas of thousands of Chinese graduate students whom the administration believes have ties to the Chinese military.
Few details about the plan are available at this time, but it appears likely that the initial push would target a small fraction of the overall number of Chinese F-1 visa holders in the United States. It is not clear at this time whether additional vetting may be imposed at U.S. consulates for Chinese students looking to come to the U.S.
An official announcement is expected soon. While the administration has broad authority to cancel or revoke visas, doing so may not directly impact the ability of individuals already in the country to work and study in the U.S., as long as they do not leave the country. BAL will continue to follow this matter and will provide additional information to clients as it becomes available.
U.S. Citizenship and Immigration Services (USCIS) announced Wednesday that it is preparing to reopen some of its domestic offices and resume non-emergency public services June 4.
In March, USCIS temporarily closed its offices to the public and suspended non-emergency public services because of the COVID-19 pandemic. USCIS said Wednesday that information on the status of individual offices will be posted on the agency’s office closings page.
Services will be rescheduled as follows:
Guidelines for visitors: USCIS provided guidelines for entering USCIS facilities, saying that visitors should not enter a USCIS facility more than 15 minutes before their appointment (or 30 minutes for a naturalization ceremony), that hand sanitizer will be provided and that members of the public must wear a facial covering. Applicants should also bring their own pens (blue or black ink).
Anyone who has COVID-19 symptoms, has been in close contact with someone who has (or is suspected to have) COVID-19, or who has been directed to self-isolate will not be permitted to enter a USCIS facility. The agency stressed that there is no penalty for applicants who have to reschedule appointments because they are sick. Additional information about visiting USCIS facilities is available here.
Revenue shortfall: The announcement about reopening came after USCIS asked Congress for $1.2 billion in emergency funding to make up for a shortfall in revenue because of COVID-19. The agency said it would run out of money this summer without an injection of funding and is reportedly considering imposing a surcharge on petitions and applications to cover the shortfall.
BAL Analysis: While some USCIS offices are moving toward reopening, services will be limited as some offices are likely to remain closed and others will adhere to new safety measures. Additional information on which offices will reopen is expected soon. BAL continues to monitor USCIS’s operations and funding status and will provide information as it becomes available.
The White House has amended its May 24 proclamation banning entry of foreign nationals who have recently been in Brazil, changing the implementation date to today, May 26. Previously, it was set to take effect Thursday.
Background: The White House issued its initial proclamation on travel from Brazil on Sunday, citing the ongoing widespread transmission of COVID-19 in Brazil. As of this morning, the World Health Organization reported that Brazil had 363,211 confirmed cases, the second highest number of cases after the United States.
BAL Analysis: Employers should account for affected employees and reschedule travel if necessary. BAL is closely monitoring COVID-19 developments and will update clients as new information becomes available.
The White House issued a proclamation today imposing a travel ban on travelers who have recently been to Brazil.
Background: The proclamation cites ongoing widespread transmission of COVID-19 in Brazil. As of May 23, the World Health Organization reported that Brazil had 310,087 confirmed cases, the third highest number of confirmed cases in the world after the U.S. and Russia.
U.S. Citizenship and Immigration Services has announced that in June it will only accept employment-based adjustment-of-status applications based on the Final Action Dates chart.
The Dates for Filing chart published in the State Department’s 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 adjustment-of-status petitions with USCIS. Only applicants with priority dates earlier than the dates listed in the chart will be permitted to file their applications for adjustment of status in June.
Final Action Dates for Employment-Based Preference Cases:
BAL Analysis: June will mark the third time this fiscal year that USCIS will use Final Action Dates for employment-based adjustment-of-status applications. The Final Action Dates chart is less progressive than the Dates for Filing chart in a number of categories. Family-based applicants must use the applicable Dates for Filing chart, except for F2A category applicants, who may use Final Action Dates.
Priority-date cutoffs will advance significantly in some employment-based categories and more modestly in others, according to the State Department’s June Visa Bulletin.
Key movements in the June Visa Bulletin:
EB-1
EB-2
EB-3
The State Department also released its Dates for Filing chart for June. Applicants seeking to file for adjustment of status are reminded that the chart does not take effect unless U.S. Citizenship and Immigration Services confirms that it does via a web posting in the coming days. BAL will update clients once officials confirm whether the chart can be used.
Last month, President Trump issued a proclamation temporarily suspending the entry of immigrant-visa applicants for 60 days. Since U.S. consulates had already suspended routine visa operations abroad because of COVID-19, the order has had a limited impact. In addition, several categories of people are excluded from the suspension, including U.S. lawful permanent residents, spouses and unmarried children under 21 of U.S. citizens, foreign healthcare professionals performing research to combat the spread of COVID-19, those applying for EB-5 immigrant investor visas, members of the U.S. Armed Forces and those who would further U.S. law enforcement objectives or whose entry is in the national interest.
The United States, Canada and Mexico have agreed to extend the current COVID-19 border restrictions for another 30 days, the Department of Homeland Security (DHS) has announced.
BAL Analysis: DHS is expected to publish official notices extending the restrictions in the Federal Register this week. Individuals traveling across the U.S.-Canadian and U.S.-Mexico border for essential travel are exempt from the restrictions, but travelers should be prepared for delays and increased scrutiny, as well as possible changes in how U.S. Customs and Border Protection officers interpret “essential travel.”