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U.S. Immigration and Customs Enforcement (ICE) has published updated Student and Exchange Visitor Program (SEVP) policy guidance on using electronic signatures and transmission for Form I-20.
Key Points:
Additional Information: The updated guidance applies only to Form I-20; authorities did not change other SEVP forms or processes. The fully SEVP policy guidance can be found here in the Policy section under “Resources.” Students or school officials should contact the SEVP Response Center if they have issues with government partners accepting an electronically signed Form I-20.
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.
Foreign nationals interested in entering the fiscal year 2023 Diversity Visa Program are reminded that registration ends Tuesday, Nov. 9 at noon Eastern Time.
Additional Information: Before beginning the entry process, applicants should verify that their picture and pictures for dependents meet the DV entry photo requirements included in the DV-2023 instructions. Cases will be disqualified if submitted photos do not meet the requirements. Photo examples can be found here. Registrants are reminded that the registration process is free and that the only way to enter the lottery and obtain lottery results is via the State Department’s E-DV website.
The Department of Homeland Security (DHS) has confirmed that beginning Nov. 8 non-U.S. citizens who are fully vaccinated against COVID-19 will be permitted to enter the U.S. by land or ferry for both “essential” and “nonessential” reasons.
The U.S. has banned “nonessential” travel across land borders and through ferry ports since March 2020, and DHS indicated last month that the bans would be lifted in November for vaccinated travelers. DHS said that beginning Nov. 8, non-citizen travelers arriving at a U.S. land port of entry or ferry terminal should be prepared to:
Vaccinated travelers will be permitted entry for “essential” and “nonessential” reasons, including tourism or visiting family. Between Nov. 8 and January 2022, unvaccinated travelers will be permitted to enter if they are engaging in “essential” travel. The list of individuals engaging in “essential travel” includes:
Beginning in January 2022, foreign nationals will be required to show proof of vaccination, whether they are entering for “essential” or “nonessential” reasons.
Additional Information: DHS posted an updated Fact Sheet and FAQ on the new policies. The U.S. will also implement new rules on Nov. 8 for nonimmigrant foreign nationals entering the country by air.
BAL Analysis: Current entry restrictions will remain in place until Nov. 8. BAL attorneys will be speaking at a webinar on “Lifting the Travel Bans, Holiday Travel & Planning: What to Expect in the Coming Months” on Tuesday, Nov. 2, at 1 p.m. CT. Employers and employees should continue to consult their BAL professional before planning any international travel.
The Centers for Disease Control and Prevention (CDC) has released additional information regarding the U.S.’s forthcoming changes to entry rules for air travel for nonimmigrants.
Beginning Nov. 8, most nonimmigrant foreign nationals will be required to provide proof that they are fully vaccinated against COVID-19 and of a negative COVID-19 test taken within three days before boarding a flight for the U.S. The current, country-based entry restrictions will be revoked on Nov. 8. President Joe Biden issued a Proclamation on the new rules on Monday, and the CDC subsequently provided more information regarding proof of vaccination, exceptions and contact tracing.
Additional Information: The new entry rules apply only to nonimmigrant air travel to the U.S. and do not affect visa issuance. This means the State Department will be able to issue visas regardless of an applicant’s vaccination status or their eligibility for an exception, but subsequent travel to the U.S. will be governed by the new rules starting Nov. 8. In its announcement on the new rules, the State Department emphasized that the rescission of the current bans “does not necessarily mean that your local U.S. embassy or consulate is able to immediately schedule all affected applicants for visa interviews” and advised applicants to check their individual embassy or consulate’s website for information on what services they are offering and instructions on how to apply for a nonimmigrant visa.
The U.S. is also changing land entry rules on Nov. 8. Individuals entering the U.S. by land will need to show proof of vaccination if traveling for “nonessential” purposes. Unvaccinated travelers will be able to enter the country only if they can show that their travel is “essential.” Additional information is expected soon.
BAL Analysis: Current entry restrictions will remain in place until Nov. 8. BAL attorneys will be speaking at a webinar on “Lifting the Travel Bans, Holiday Travel & Planning: What to Expect in the Coming Months” on Nov. 2 at 1 p.m. CT. Employers and employees should continue to consult their BAL professional before planning any international travel.
A federal judge in California has approved a settlement agreement in a class-action lawsuit that challenged U.S. Citizenship and Immigration Services’ (USCIS’) practice of denying H-1B petitions for market research analysts.
In the case, MadKudu Inc., et al. v. USCIS, et al., a group of employers alleged that USCIS misinterpreted the Occupational Outlook Handbook (OOH) and wrongly determined that market research analyst did not qualify as a “specialty occupation.” As part of the settlement, the Department of Labor has agreed to interpret the OOH in a way that recognizes that various educational pursuits and degrees can all lead to the specialty occupation of “market research analyst.” Prior to this, USCIS had determined that since many different degrees are acceptable by employers for market research analysts, that, by definition, it is not a specialty occupation. Based on this new guidance, USCIS will accept Motions to Reopen that were adjudicated under the old standard.
Employers will be eligible to submit a Form I-290B, Notice of Appeal or Motion, if:
Employers whose petitions meet these criteria have until April 26, 2022, to submit their Form I-290B without a fee. USCIS will make a decision on these appeals within 90 days of receiving them. The agency published filing instructions here.
The plaintiffs in the case were represented by The American Immigration Council, the American Immigration Lawyers Association (AILA) and three immigration law firms, including BAL.
BAL Analysis: The settlement is an important victory for employers had sought to sponsor market research analysts on H-1B visas. The agreement corrects USCIS’ arbitrary practice of denying petitions for workers in these positions. Employers who had a petition denied in the relevant time frame are encouraged to work with BAL to determine whether to file a Motion to Reopen.
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. government has designated Russian nationals as “homeless nationals” and has directed them to apply for immigrant visas in Warsaw, Poland.
Additional Information: Generally, countries are added to the Homeless Nationalities list when the U.S. has no consular representation or when the political or security situation is tenuous or uncertain enough that staff is not authorized to process immigrant applications. Consular services in Russia have been strictly limited since May after the U.S. said it would curtail services following Russia’s move to bar U.S. Mission Russia from employing foreign nationals.
BAL Analysis: Immigrant visa services in Russia remain available only in very limited, emergency situations. Russian visa applicants should follow the State Department’s guidance; immigrant visa applicants in Russia should plan on booking their appointments at the U.S. Embassy in Warsaw. Nonimmigrant (temporary) visa services remain unavailable in Russia except for diplomatic or official travel. BAL will continue to monitor the situation and will provide updates on significant developments.
The U.S. Embassy in Croatia has announced that Croatian nationals can now use the Electronic System for Travel Authorization (ESTA) to travel to the U.S. without first obtaining a visa.
Additional Information: Croatian business and tourist travelers benefit from the convenience of not having to apply for a visa at a consulate. Visa-waived travelers are reminded to apply for their ESTA online at least 72 hours prior to travel.
BAL Analysis: Travelers should continue to anticipate delays or limited availability of consular services abroad because of COVID-19. Employers and employees should continue to consult their BAL professional before planning any international travel.
U.S. Citizenship and Immigration Services (USCIS) has published a Request for Public Input seeking information about employers’ experiences with remote document verification in the Form I-9, Employment Eligibility Verification process.
Additional Information: In March 2020, U.S. Immigration and Customs Enforcement (ICE) introduced temporary flexibilities that allowed employers to review documents virtually, e.g., over video link, fax or email. ICE has extended the flexible measures multiple times, but they are currently scheduled to expire Dec. 31. Under the temporary guidance, employers must physically examine the documents they reviewed remotely when normal operations resume.
USCIS said it is now “seeking to explore alternative options to physical document examination that offer an equivalent or higher level of security for identity and employment eligibility verification purposes.”
President Joe Biden issued a Proclamation on air travel Monday, providing new guidance on the country’s upcoming changes to its COVID-19 entry rules.
Additional Information: The U.S. will also change entry rules for land travel on Nov. 8. The CDC has confirmed that for purposes of entering the country, the U.S. will accept COVID-19 vaccines that are approved or authorized by the U.S. Food and Drug Administration (FDA) or listed for emergency use by the World Health Organization (WHO). In general, travelers will be considered “fully vaccinated” two weeks after their second dose of a two-dose vaccine or two weeks after a single-dose vaccine.
BAL Analysis: The current entry restrictions will remain in place until Nov. 8. Between now and Nov. 8, the CDC is expected to issue specific guidance that clarifies what forms of proof of vaccination travelers must present, required information for contact tracing and the full list of requirements for unvaccinated travelers. The government must also issue additional guidance on the process for obtaining an exemption. Employers and employees should continue to consult their BAL professional before planning any international travel.
BAL attorneys will be speaking at a webinar on “Lifting the Travel Bans, Holiday Travel & Planning: What to Expect in the Coming Months” on Nov. 2 at 1 p.m. CT.
BAL recently submitted a comment in response to the U.S. State Department’s request for ideas on how it can reduce barriers to immigration benefits, specifically in relation to immigrant visas.
The State Department published its Request for Public Input last month as part of its implementation of President Biden’s Feb. 2 Executive Order on legal immigration. In response, BAL made policy recommendations centered on the government’s obligation to administer immigrant visa issuance so that the U.S. meets the levels of immigration set by Congress each fiscal year. These recommendations included urging the State Department to:
BAL also urged the Department to ensure that its efforts to reduce barriers in immigrant visa processing and prioritize immigrant visa adjudications do not come at the expense of mission critical business travel for global companies.
BAL Analysis: The State Department has taken steps in recent months to facilitate travel and improve access to consular services, including providing guidance on exemptions to the travel ban and expanding interview waivers. The Request for Public Input was a welcome opportunity for BAL and other stakeholders to present ideas for additional changes to reduce barriers to immigration benefits. The comment period closed Oct. 18. BAL will continue to track the Biden administration’s policies on immigration and will provide updates on important developments as they occur.