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The United States will begin imposing entry restrictions on travelers who have been in the United Kingdom and Ireland beginning tonight, and U.S. embassies and consulates around the world are canceling appointments as officials look to mitigate the spread of the COVID-19 virus.
Beginning tonight at 11:59 p.m., foreign nationals who have been physically present in the United Kingdom or Ireland in the previous 14 days will be barred from entry to the U.S. U.S. citizens, lawful permanent residents (LPRs), spouses of U.S. citizens or LPRs, certain parents and siblings of U.S. citizens or LPRs, and a limited number of other foreign nationals are not subject to the ban, but they must enter the U.S. through one of 13 airports and undergo enhanced screening. Read BAL’s full alert here.
Foreign nationals who have been physically present in Mainland China, Iran or any of the 26 Schengen Area countries remain subject to an entry ban as well.
U.S. embassies and consulates abroad are canceling appointments and reducing services for visa applicants, including in:
Additional information: BAL is continuing to monitor the government’s response to the COVID-19 pandemic and will provide additional updates as information becomes available. Appointments at U.S. embassies and consulates around the world may be canceled with little or no notice. Those in need of U.S. immigration services abroad are encouraged to check with the embassy or consulate before traveling to their appointment. BAL has prepared an FAQ that discusses the implications of the measures that have been taken in response to the outbreak on U.S. immigration law. Read the full FAQ here.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2020 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 issued a proclamation Saturday extending the European COVID-19 travel ban to the United Kingdom and Ireland beginning Monday night.
Key points:
Background: On Wednesday, the White House imposed a travel ban on foreign nationals from 26 European countries that took effect Friday. Today’s proclamation imposes a similar ban on travel from the U.K. and Ireland. Restrictions on travel from China and Iran remain in place.
BAL Analysis: Companies should account for affected personnel and reschedule travel if necessary. BAL is closely monitoring COVID-19 developments and will update clients as new information becomes available.
Priority-date cutoffs will advance modestly in some employment-based categories, according to the Final Action Dates published Friday in the State Department’s April Visa Bulletin.
Key movements in the April Visa Bulletin:
EB-1
EB-2
EB-3
Final Action Dates for Employment-Based Preference Cases:
The State Department also released its Dates for Filing chart for April. 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.
Dates for Filing for Employment-Based Preference Cases:
President Donald Trump declared COVID-19 a national emergency Friday, as the government took additional steps to mitigate the spread of the virus. The Department of Homeland Security has announced that flights from Europe will be routed through 13 U.S. airports. And the State Department has moved to cancel immigration appointments in a growing number of locations abroad.
Key Points:
Additional information: BAL is continuing to monitor the government’s response to the COVID-19 outbreak and will provide additional updates as information becomes available.
IMPACT – MEDIUM
African countries are responding to the spread of the COVID-19 virus with policies ranging from arrival screening to quarantine to travel bans. Below are the travel policies for Ghana, Kenya, Niger and South Africa.
Individuals exhibiting symptoms and who have been to one of the high-risk countries or have been exposed to the virus are quarantined immediately.
Those exhibiting symptoms and have been exposed to the virus or have been to any of the high-risk countries (China, France, Italy, Japan or South Korea are quarantined at a government facility.
Every traveler is required to fill out a travel history form before being cleared to proceed.
Port Health is trained with test kits and on standby.
Suspected cases are reported and referred to Kenyatta National Hospital.
Individuals are also being asked to self-quarantine based on their travel history.
Each flight is routinely checked. If an anomaly is detected, the passenger is immediately quarantined.
Analysis & Comments: Travelers should check the policies for their destination country before travel, including any travel bans, as the situation is fluid and policies may change with little notice.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
In a speech addressing the COVID-19 virus, President Donald Trump announced Wednesday night that he is suspending travel from Europe in an effort to mitigate the spread of the virus.
The White House issued a presidential proclamation shortly thereafter that restricts foreign nationals who have been physically present in the Schengen Area from entering the U.S.
The Schengen Area comprises 26 European countries: 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.
BAL Analysis: Additional details are expected as DHS works to implement the travel ban by Friday night. Companies should account for affected employees and reschedule travel accordingly. U.S. citizens are not designated as being subject to the ban in the proclamation. In his speech, Trump said that U.S. citizens who have undergone “appropriate screenings” will be exempt from the ban. This may mean that U.S. citizens arriving from the Schengen Area will be screened upon arrival. Additionally, Trump said that the travel ban will be in effect for 30 days, while the proclamation says the ban will be in effect until further notice. BAL is closely following developments and will alert clients and report additional details as they become available.
As governments continue to grapple with concerns over the COVID-19 virus, and policies around international travel are still in flux, the State Department recently expanded its recommendations that will limit travel for most J-1 international exchange visitors.
U.S. employers that sponsor J-1 exchange visitors should plan to adjust their training schedules and take other actions to comply with new guidelines for affected individuals. Employers who administer their own J-1 program, should pay close attention to upcoming program start and end dates in SEVIS so that appropriate revisions can be made to an exchange visitor’s status and new forms can be generated, as needed.
Since Feb. 7, the agency’s Bureau of Educational and Cultural Affairs (ECA) has recommended restricted travel to the U.S. for exchange visitors who had been in China within the previous 14 days and for those planning to travel back to China before April 1. As of March 6, however, the guidance was expanded to additional exchange visitors who are currently outside the U.S. and those already in the country.
For new exchange visitors who are currently outside the U.S., and who have traveled to China or a country affected by COVID-19 in the past 14 days, sponsors should delay their start date until at least April 1 or later. Sponsors should also issue them a new initial certificate of eligibility (Form DS-2019), which allows them to request an interview at a U.S. consulate abroad. If the exchange visitor has already secured a J-1 visa stamp, the sponsor should issue an amended Form DS-2019 with a start date after April 1. Sponsors should delay the start date of new exchange visitors until they have been outside of the affected country (and are not exhibiting symptoms of the COVID-19 virus) for at least two weeks.
Current exchange visitors who are outside the U.S. may have their records kept in SEVIS until they are able to return to the U.S. and continue with their original program objectives. However, depending on the validity dates of their J-1 visa, they may need to renew their visa before they are able to return to the U.S. If an exchange visitor requests withdrawal, the sponsor may shorten their SEVIS records accordingly.
Employer sponsors should also take action to extend the programs of exchange visitors who are currently in the U.S., but this may require more attention to compliance. According to the State Department guidance, sponsors should reinstate (if necessary) and extend the program for current exchange visitors with a new end date of April 1, 2020. Extensions, however, require that the exchange visitor’s activities remain consistent with the original purpose of travel to the U.S. and should be documented in the extension. Program extensions must also be supported with funding by the exchange visitor, sponsor or other third parties.
It is important that J-1 exchange visitors do not overstay their authorized period of stay as indicated on their Form I-94 record by U.S. Customs and Border Protection. Most exchange visitors are granted J-1 status as long as they remain in status as an exchange visitor, but this is not always the case, and border officials sometimes denote an expiration date on the I-94. The State Department has also said that it is aware that a significant number of exchange visitors who are currently in the U.S. have reached the maximum duration of their program and are not permitted to extend it. Exchange visitors facing these circumstances are encouraged to consider applying for special measures that U.S. Citizenship and Immigration Services offers for those in the U.S. seeking to extend or change their visa status in special humanitarian or extenuating circumstances. Exchange visitors who are subject to the two-year home residency requirement may also be eligible for such relief. As exchange visitors are permitted to remain in the U.S. for up to 30 days beyond their program end date, an extension or change of status should be filed before the 30-day grace period lapses.
Employers with exchange visitor programs should anticipate significant delays in start dates for new exchange visitors, including the need to reschedule visa interviews. Employers sponsoring current exchange visitors should move to extend their programs with appropriate documentation of funding and compliance with program requirements. Additionally, sponsors should review and assess I-94 expiration dates and determine whether their current exchange visitors will need to apply to USCIS to extend or change their visa status under special humanitarian measures.
Lucrecia Davis is Senior Counsel in the Houston office of Berry Appleman & Leiden LLP.
The information contained here is meant to be informational, and while BAL has made every effort to ensure the accuracy of the information, it is not promised or guaranteed to be complete. Readers of this information should not act upon any information contained on this alert/blog without seeking professional counsel. This alert does not constitute legal advice or create an attorney-client relationship. Any reference to prior results, does not imply or guarantee similar future outcomes.
The United States government has taken a number of steps to stop the spread of the COVID-19 virus, including restricting inbound travel from mainland China and Iran and suspending consular services in China. U.S. Citizenship and Immigration Services (USCIS) temporarily closed its office in Seattle., WA; the most up-to-date information about USCIS field office closures is available on the agency’s website. Additional measures remain under discussion. BAL has prepared an FAQ that discusses the implications of the measures that have been taken in response to the outbreak on U.S. immigration law. Read the full FAQ here.
A change in the way the State Department updates its online visa status system for applicants who are undergoing administrative processing is causing confusion.
Administrative processing is an additional layer of screening that is not uncommon for certain nationals, including Chinese, Indian and others, as well as anyone whose application raises additional concerns. The additional measures can add several weeks and sometimes months to normal processing times.
BAL Analysis: The change in the electronic status update system appears to be merely a change in language and not a reflection of a change in status of cases in administrative processing—technically all administrative processing cases are provisionally denied. Applicants who were told by a consular officer that their case is in administrative processing and who see the new language in the system should assume that their case was only provisionally denied pending a final decision in the case, and may contact the National Visa Center if they have questions or concerns.
The United States has issued new travel restrictions and warnings in an effort to stop the spread of the COVID-19 virus.
The restrictions bar most foreign nationals from entering the United States if they have been in Iran in the past 14 days. The U.S. State Department has warned against travel to Iran, Italy and South Korea. The measures follow action taken to limit travel from China early last month.
BAL Analysis: The measures represent an escalation in the U.S. response to COVID-19 virus. Those planning travel between the U.S. and China, Iran, Italy or South Korea should be aware of these restrictions and advisories and are advised to closely monitor for additional government announcements. Employers should be prepared to be flexible with employee schedules and start dates for employees traveling from countries that have seen significant COVID-19 outbreaks. The response to the COVID-19 virus continues to evolve, and BAL will alert clients to additional changes or restrictions as information becomes available.