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Traveling abroad for the holidays? Check your passport. Check your visa. Be prepared for longer-than-usual processing times. And plan ahead.
International travelers can save time and money (and reduce stress) by acquainting themselves with a few simple rules. The following tips are designed to help avoid unnecessary problems or delays, but can by no means cover every challenge a traveler may face:
Check your passport
Make sure your passport is valid beyond your intended date of departure from the foreign country you are visiting. Most countries require passports to be valid for six months beyond a traveler’s intended date of departure. Visit the State Department’s website or contact the embassy of the country you are traveling to if there is any question about your passport’s validity.
For those in need of a new passport, routine passport service takes four to five weeks, while expedited service (available for an extra $60) takes two to three weeks. Passport agencies or passport centers are available for travelers leaving in less than two weeks. Appointments can be made through the National Passport Information Center at (877) 487-2778.
Many passport acceptance facilities are offering extended hours through Dec. 15. But travelers nonetheless should apply as soon as possible – and account for possible delays due to increased demand.
Check your visa
U.S. nationals traveling either to visit families or for tourism can check the State Department’s website for information about whether their destination country requires a visa for entry – and, if so, whether visa on arrival is an option.
Non-U.S. nationals who are living in the U.S. on work visas have additional issues to consider. Non-U.S. nationals leaving the U.S. during the holiday season need to consider not only whether they need a visa to travel abroad, but whether their visas will be valid for entry back into the U.S. This includes checking to make sure they have both enough time remaining on their visa and at least one valid entry remaining. Some foreign nationals, particularly those who have pending applications to adjust to lawful permanent residence status, may want to consider filing for advance parole, which takes several months to process.
Those needing new visas should remember that appointment scheduling is often backlogged at popular locations by several weeks and that the wait can be longer during holiday periods. Employees are advised to check with the U.S. consulate where they intend to process the visa before they travel using the State Department’s consulate list. After the scheduled interview, absent security check issues, visa issuance and return of the passports may take another four to seven business days.
Be prepared and plan ahead
As noted above, the holiday season can slow processing times for both passports and visas. Additionally, travelers should expect longer-than-usual lines at airport security checkpoints.
Travelers can avoid headaches by learning as much as possible about their destinations ahead of time. The State Department’s website includes tips for preparing for emergencies, driving overseas, bringing copies of travel documents, handling money, learning about local laws, vaccinations, health insurance and packing prescription medicine.
U.S. Customs and Border Protection, meanwhile, issued its tips for traveling abroad in the holiday season Nov. 24. The agency suggests travelers cross land borders during off-peak times, keep travel documents handy, be prepared to declare all items upon returning to the U.S., and check the agency’s website for updated information.
As legal situations may vary, clients can contact a BAL representative if they are in need of more tailored advice or additional information.
Copyright © 2016 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. Embassies and Consulates around the world are experiencing technical problems in sending and receiving communications, resulting in possible delays in visa processing.
The problem has been confirmed by U.S. Embassies globally. U.S. Embassies in Australia, France, Indonesia, Italy, Japan, Mexico, the Philippines, Russia and South Africa, among others, have all posted notices about “technical difficulties.”
Some embassies, including those in Indonesia and Russia, are not able to accept credit card payments. The U.S. Embassy in Mexico is alerting applicants that if they sent an email to a U.S. Embassy or Consulate between 8 p.m. Friday, Nov. 14 and 8 a.m. Tuesday, Nov. 18, the message was not received and should be resent if the applicant does not receive a response within 72 hours.
Student and exchange visitor visa applicants who have scheduled interviews this week are advised to bring proof that they paid their fee through the online Student and Exchange Visitor Information System (SEVIS) database.
U.S. citizens may also experience delays in sending and receiving emails, and Americans needing emergency services are asked to contact the closest embassy or consulate by telephone while the technical problems are sorted out.
The State Department has confirmed that its external email inquiry systems are operating again, but is requesting that applicants who sent email inquiries during the outage which began Friday evening, Nov. 14, resend emails if they have not yet received a response.
BAL Analysis: Visa applicants should plan for delays if the technical difficulties persist and work with their BAL attorney to confirm that the U.S. Consular Services received their communication, and in some cases resend communications. Student and exchange visitor applicants (F, M and J visas) with interviews this week should be aware that they should bring proof of their online payment to the interview.
H-1B, PERM and Prevailing Wage determinations all increased significantly in fiscal year 2014, according to year-end data recently released by the U.S. Labor Department.
H-1B determinations reached 519,503 compared with 442,254 for fiscal 2013. Of total determinations in fiscal 2014, 471,959 (91 percent) were certified and 11,938 (2 percent) were denied, compared with the previous year, in which 397,217 (90 percent) of total determinations were certified and 12,165 (3 percent) were denied. The figures include H-1B, H-1B1 and E3 petitions. The fiscal year runs from Oct. 1 to Sept. 30.
Computer systems analysts topped the list of positions certified, at 26 percent. Next were computer programmers (12 percent), software developers (11 percent), and other computer occupations (10 percent). California led states with 19 percent of positions certified, followed by Texas (9 percent), New York (8 percent each), New Jersey (7 percent) and Illinois and Pennsylvania (5 percent each).
PERM determinations rose significantly, reaching 70,998, compared with 42,591 in 2013. Of total determinations in fiscal 2014, 62,633 (88 percent) were certified and 4,349 (6 percent) were denied, compared with the previous year, in which 35,188 (83 percent) of total determinations were certified and 4,326 (10 percent) were denied. A total of 59,901 PERM applications remained open at the close of fiscal 2014.
Most certified applications were for workers in computer and mathematical fields (57 percent), followed by architecture and engineering (12 percent), management (8 percent), business and financial operations (6 percent), and education, training and library operations (5 percent). The top states were California (24 percent), Texas (10 percent), New York (8 percent), and New Jersey and Washington (7 percent each).
More prevailing wage actions were determined in 2014 as well. At year’s end, 125,807 case actions had been determined, compared with 118,393 in 2013. Of the pending actions, 85 percent were PERM cases, 10 percent were H-2B determinations and 4 percent were H-1B cases.
Source for all figures: Office of Foreign Labor Certification
BAL Analysis: The increased demand for H-1B workers is clearly evident in this set of statistics, showing a jump of more than 77,000 in H-1B Labor Condition Application requests over the prior year. H-1B petitions were filed in record numbers last year. Employers should start planning now for next year’s H-1B cap filing season, which begins April 1, 2015, as it is critical to have enough time to prepare petitions and to explore alternatives to H-1B visas as early as possible. PERM processing times have decreased over the past few months, and BAL hopes that trend will continue in the face of increased demand in PERM determinations and prevailing wage actions.
IMPACT – HIGH
What is the change? The Chinese Embassy in the U.S. has announced that as of Nov. 11 it is accepting applications for extended-validity visas agreed to in the recent reciprocal visa deal between the two countries.
What does the change mean? American citizens may now apply for certain business and tourist visas that are valid for 10 years and student visas that are valid for five years.
Background: President Barack Obama announced the two-way visa deal Monday at the Asia-Pacific Economic Cooperation summit in Beijing. The agreement provides that each country will extend the validity of visas for business travelers and tourists to 10 years and visas for students and exchange visitors to five years. Currently, those visas are generally valid for one year and require annual renewals.
The U.S. State Department announced that the new extended visas would be available to Chinese applicants beginning Nov. 12. The Chinese Embassy in the U.S. announced that as of Nov. 11 it would accept 10-year multiple entry visa applications for tourist, business, short-term visits to relatives and private matters and five-year multiple entry visa applications for study purposes. The eligibility and requirements remain the same as before, and the applicant’s passport should be valid for at least one year.
BAL Analysis: Both countries have moved quickly to implement the visa arrangement. The longer validity period removes a significant inconvenience by allowing business travelers, tourists and students to make multiple trips on the same visa over an extended period of time.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
The U.S. will begin issuing extended-validity visas this week to Chinese nationals under a new reciprocal visa agreement between the two countries, the U.S. State Department has announced.
Under the agreement, announced Monday, business and tourist visas between the two countries will be valid for 10 years and student and exchange visitor visas will be extended to five years. Currently, all of these visas are valid for one year.
Below is a list of questions and answers for travelers interested in these new visas:
Q: When will the new visas be available?
The State Department announced it will begin issuing visas with longer validity to Chinese applicants Wednesday, Nov. 12.
Q: Which visa types does this affect?
The new policy affects business and tourist (B-1 and B-2) visas, Student (F and M) visas and Exchange visitor (J) visas.
Q: How are the longer-validity visas different from current visas?
Business and tourist visas will be valid for multiple entries and valid for up to 10 years. The student and exchange visas will be multiple-entry visas valid for up to five years or the length of the student or exchange programs.
The main benefit is that applicants can obtain the multiple-entry visas and avoid having to apply every year for a new visa and pay a new fee every time.
Q: Does this increase my length of stay in the U.S.?
No. The validity period of the visa does not change the length of stay a visitor is allowed on their visas. For example, a Chinese business visitor may obtain a B-1 visa for a duration of three months that is valid for 10 years. That visitor may enter the U.S. multiple times during the 10-year period on the same visa but can only stay for three months each time.
Q: Does this automatically extend an existing, valid visa?
No. Visas that are currently valid will expire on the specified date and the holder must apply for the new multiple-entry extended-validity visas.
Q: Will there be a long wait for the new visas?
U.S. consular officials anticipate that these visas will be “very popular” among Chinese applicants and stated they are taking steps to manage a potential backlog in hopes of keeping visa processing times “as short as they have been over the past several years.”
Q: What about family members of students and exchange visitors?
Dependent family members of students and exchange visitors are also eligible for visas valid for up to five years.
Q: Does this change other factors affecting approval of my visa?
No. The extended validity does not change who qualifies for a visa, eligibility for the Interview Waiver Program, or whether certain applicants are subject to additional security vetting (“administrative processing”). Depending on the facts, however, applicants who are subject to administrative processing may not obtain the maximum validity.
Q: When should I apply for these visas?
There is no deadline to apply. The visa agreement between China and the U.S. is intended to be a long-term arrangement. As always, applicants are encouraged to apply as early as possible to account for a potential rush of applications and delays that may ensue. They should also plan for delays caused by an applicant being flagged for additional administrative processing.
Travelers who do not require a visa to travel to the U.S. must answer additional questions on the electronic questionnaire completed before travel, according to a Nov. 3 announcement by the U.S. Department of Homeland Security. The change is intended to increase security in the Visa Waiver Program.
Citizens of countries that participate in the Visa Waiver Program are allowed to visit the U.S. for business or tourism for up to 90 days without a visa, but they must fill out an online application through the Electronic System for Travel Authorization (ESTA) at least 72 hours before travel. ESTA is an automated system that determines the eligibility of visa-waived foreign travelers.
Visa-waived nationals who currently hold a valid ESTA approval do not need to reapply or update their application immediately.
The new data fields are:
A DHS official confirmed with BAL that travelers with a current and valid ESTA do not need to reapply. When their ESTA expires or their passport expires (whichever occurs first), they will have to apply for a new ESTA with the new data fields for future visa-waived travel.
BAL Analysis: Business travelers from visa-waived countries holding a valid ESTA can continue to travel on their existing ESTA until either their passport or ESTA expires. They should be aware that they will have to provide the new information when reapplying. New applicants planning to travel to the U.S. under the Visa Waiver Program should apply for their pre-travel approval through ESTA as early as possible.
A federal appeals court has overturned an L-1B visa decision by U.S. Citizenship and Immigration Services in which a foreign chef was denied a visa on the grounds that he did not have the requisite “specialized knowledge.”
The court said that the agency wrongly concluded that the definition of “specialized knowledge” categorically excludes knowledge acquired through cultural experience.
L-1 visas, also known as intra-company transfers, provide a way for companies to move employees from one of their foreign offices to U.S. branches or affiliates. These employees must have worked abroad for the foreign office for at least one of the previous three years. The L-1A category is for managers or executives, while the L-1B category is for employees who possess “specialized knowledge.”
The case involved a Brazilian steakhouse chain that applied for an L-1B visa for a chef, asserting that he had specialized knowledge of the culture and cuisine of southern Brazil. USCIS denied the chef’s visa, finding that “specialized knowledge” could not be based on culturally acquired knowledge gained from life experience.
The court disagreed. “[T]he agency has not offered a reasoned analysis of why the statutory phrase ‘specialized knowledge’ would woodenly debar any and all knowledge acquired through one’s cultural traditions, upbringing, or ‘life experience,’ or how that rule comports with … prior agency guidance. …,” the U.S. Court of Appeals for the D.C. Circuit said in a 2-1 decision. The court also found that the agency should have weighed the economic burden on the employer who, if denied a visa, would have to train in-house employees to acquire the specialized knowledge.
The court erased the decision and sent the case back to the agency to take a second look.
BAL Analysis: The ruling is a positive sign for employers applying for L-1B visas in that it did not give substantial deference to the agency on its interpretation of “specialized knowledge.” While the holding could be viewed as limited to “cultural” knowledge, this decision could possibly open the door to future federal court challenges to USCIS interpretation of this much-debated phrase. The definition of “specialized knowledge” has been largely discretionary and subject to increasingly narrow interpretation in recent years. Despite numerous calls for guidance, the agency has failed to provide updated instruction on what is and is not considered “specialized knowledge.”
All countries will advance forward in the employment-based third preference (EB-3) category for professionals and skilled workers, according to the State Department’s December Visa Bulletin. Priority dates for EB-3 Worldwide, Mexico and Philippines will move forward by five months from June 1, 2012 to Nov. 1, 2012. Dates will likewise jump five months for EB-3 China, from Jan. 1, 2010 to June 1, 2010. EB-3 India will advance only marginally from Nov. 22, 2003 to Dec. 1, 2003.
The priority date for Chinese nationals in the employment-based second preference (EB-2) category will advance by three weeks. The date will move forward from Dec. 8, 2009 to Jan. 1, 2010. EB-2 India will remain set at Feb. 15, 2005, after retrogressing by more than 4 years last month. All other countries will remain current in the EB-2 category.
The EB-1 category will remain current across all countries.
President Barack Obama announced Monday that the U.S. has reached a reciprocal agreement with China to ease visas for business visitors, tourists and students.
Obama revealed the visa deal in a speech at the Asia-Pacific Economic Cooperation summit in Beijing.
“I’m very pleased to announce that during my visit the United States and China have agreed to implement a new arrangement for visas that will benefit everyone from students to tourists to businesses large and small,” the President said.
Under the agreement, business visitors and tourist visas between the two countries will be good for 10 years and student and exchange visas will be extended to five years. Currently, visas are valid for one year.
Obama touted the deal as a benefit to business visitors “going back and forth all the time,” as well as a boost to jobs, trade, investment and tourism, noting that last year 1.8 million Chinese visitors to the U.S. contributed $21 billion to the American economy and supported more than 100,000 jobs.
“I’ve heard from American business leaders about how valuable this step will be,” Obama said. “And we’ve worked hard to achieve this outcome because it clearly serves the mutual interest of both of our countries.”
BAL Analysis: The arrangement will significantly improve visa procedures and facilitate travel between the two countries by eliminating the need for annual renewals for frequent travelers.
The deadly Ebola outbreak in West Africa has prompted countries across the globe to respond with measures ranging from stepped-up health screening at airports to all-out travel bans. Most countries are leaving Ebola-related restrictions in place, at least for now, even after two African countries with reported cases were recently declared Ebola free.
The World Health Organization recently reported that Ebola outbreaks had ended in Nigeria and Senegal. But Ebola continues to “increase exponentially” in Guinea, Liberia, and Sierra Leone, according to the WHO. Isolated Ebola cases have been reported outside of West Africa, including that of a New York City doctor reportedly infected after returning from treating patients in Guinea. All told, the WHO reports that there have been 9,936 Ebola cases and 4,877 deaths since the outbreak began.
A number of African countries responded to the outbreak by barring entry to travelers from Guinea, Liberia, Sierra Leone and, on occasion, other countries they feared may be hit with the virus. Clusters of countries in the Middle East, Latin America and the Caribbean have also instituted travel bans.
European countries have mostly avoided travel bans, but flights to and from Guinea, Liberia and Sierra Leone have been limited. A number of European countries have also imposed increased health screening at airports. The screening often involves checking travelers’ temperatures and isolating those who are demonstrating Ebola-like symptoms.
In the U.S., the Obama administration has resisted mounting calls for a travel ban, but announced this week that all travelers flying from Guinea, Liberia and Sierra Leone would be routed through five airports equipped with enhanced Ebola screening. The Centers for Disease Control and Prevention next week will begin requiring travelers from the three countries to report their temperatures and any other symptoms on a daily basis for a three-week period after coming or returning to the U.S.
In light of a handful of reported Ebola cases in the U.S., earlier this week, Rwanda announced that it would perform special screening of travelers from the U.S. and Spain (another country with isolated cases). However, the policy was withdrawn almost immediately. Rwanda’s minister of health, Agnes Binagwaho, said on Twitter Wednesday that Rwanda was “removing special screening” for travelers from the U.S. and Spain and said the decision was “solely mine and not endorsed by the Government of Rwanda.”
The Ebola outbreak has prompted varying immigration and travel-related responses that can – and have – changed at a moment’s notice. Travelers headed to or from West African countries – Guinea, Liberia and Sierra Leone in particular – should familiarize themselves with applicable rules and restrictions and plan accordingly. Delays should be expected.
North America & Caribbean
South America
Europe
Middle East
Africa
Asia
Australia & New Zealand