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The Centers for Disease Control and Prevention (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). The U.S. will begin requiring most international travelers to be vaccinated on Nov. 8.
Reminders:
Background: Recent CDC and State Department statements have confirmed media reports earlier this month that said the U.S. would accept vaccines authorized by the FDA or listed for emergency use by the 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. The State Department said the CDC and other government agencies are working to develop additional guidance for air and land travelers ahead of the Nov. 8 changes.
BAL Analysis: While the U.S. will allow fully vaccinated travelers to enter starting Nov. 8, restrictions will remain in place until then. The government still must issue additional orders and guidance to implement the new processes, including any exemption procedures. Some details about the Nov. 8 changes remain unavailable at this time, including type of proof that will be required and what information the government will collect from travelers for contact tracing. 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. CDT.
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) will extend the bans on nonessential land travel across the U.S. borders with Canada and Mexico, but is preparing to lift them next month for individuals who are fully vaccinated against COVID-19, according to Federal Register notices published today.
The bans had been set to expire at the end of the day today. The White House announced last week that the U.S. would lift the current international air and land travel restrictions for fully vaccinated individuals on Nov. 8.
Key Points:
Additional Information: The U.S.’s bans on nonessential travel across land borders have been in place since March 2020 and extended for 30-day periods since then. The most recent Federal Register notices are available here and here.
BAL Analysis: While the U.S. will allow fully vaccinated travelers to enter starting Nov. 8, the current restrictions will remain in place until then. Employers and employees should continue to consult their BAL professional before planning any international travel.
U.S. Citizenship and Immigration Services (USCIS) provided information today on how Hong Kong residents covered by Deferred Enforced Departure (DED) apply for employment authorization.
Additional Information: Eligibility requirements for Hong Kong residents who are covered by DED are based on the terms described in the President Joe Biden’s directive and any relevant requirements established by the Department of Homeland Security. The full USCIS announcement can be found here.
The U.S. District Court for the District of Columbia has ordered the U.S. State Department to issue the 9,905 2020 Diversity Visa (DV) by the end of this fiscal year, September 30, 2022.
Additional Information: Previously, the District Court judge ordered the State Department to process DV-2020 applications in random order until all 9,905 visas had been granted, at a time agreed to by the parties. The parties could not come to an agreement. Therefore, the court stepped in to require the State Department to issue the reserved DV-2020 visas by the end of the fiscal year.
BAL Analysis: The new order marks a major win for DV-2020 applicants as they now will be receiving their DV-2020 visas within the next year. BAL will continue to monitor Diversity Visa updates and will provide important updates as information becomes available.
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 announced today that the U.S. would lift the current international travel restrictions for fully vaccinated foreign nationals on Nov. 8.
Background: Officials had previously announced they would implement the changes for both air and land travel, but had not provided an implementation date. Media reports indicate that for entry purposes the U.S. will accept vaccines that are authorized by the U.S. Food and Drug Administration (FDA) or listed for emergency use by the World Health Organization (WHO). There has been no official announcement, however, and the Centers for Disease Control and Prevention (CDC) has not yet provided a final list of which vaccines will be accepted.
BAL Analysis: While the U.S. will allow fully vaccinated travelers to enter starting Nov. 8, restrictions will remain in place until then. A number of details about the Nov. 8 changes remain unavailable at this time, including what it means to be “fully vaccinated,” the type of proof that will be required and the vaccines that will be accepted. Employers and employees should continue to consult their BAL professional before planning any international travel. BAL will provide additional information as it becomes available.
This alert has been provided by BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
The State Department released the November Visa Bulletin, showing priority-date cutoffs will advance in EB-2 categories and retrogress in EB-3 categories next month. U.S. Citizenship and Immigration Services (USCIS) confirmed that it will follow the State Department’s Dates for Filing chart to determine filing eligibility next month.
Dates for Filing – Key Movements:
EB-1
EB-2
EB-3
Dates for Filing Employment-Based Preference Cases:
Additional Information: USCIS confirmed that it will also use Dates for Filing for family-based applicants, except for F2A category applicants, who may use Final Action Dates.
The Department of Homeland Security (DHS) announced Wednesday that it would allow foreign nationals who are fully vaccinated against COVID-19 to travel across the U.S. land borders with Canada and Mexico for “nonessential” purposes starting in November.
Additional Information: The U.S.’s bans on nonessential travel across land borders with Canada and Mexico have been in place since March 2020 and extended for 30-day periods since then.
In a statement Wednesday, Secretary of Homeland Security Alejandro Mayorkas said the land travel changes would be implemented in “alignment with the new international air travel system that will be implemented in November.” Under the new air travel system, the U.S. is expected to lift the current bans on entry to many foreign nationals who have been physically present in Brazil, China, India, Iran, Ireland, South Africa, the United Kingdom or the Schengen Area in the past 14 days, for travelers who are fully vaccinated against COVID-19. The U.S. is expected to impose a vaccine requirement on all travelers entering the U.S. by air, even from countries that are not currently restricted. Media reports indicate the U.S. will accept vaccines that are authorized by the U.S. Food and Drug Administration (FDA) or listed for emergency use by the World Health Organization (WHO); however, there has been no official announcement and the Centers for Disease Control and Prevention (CDC) has not yet provided a final list of which vaccines will be accepted.
Air travelers will have to test negative for COVID-19 within 72 hours of travel and provide proof of the negative result, as is currently required. Officials will develop criteria regarding what it means to be “fully vaccinated” and the type of proof that must be shown in order to travel.
BAL Analysis: A number of travel restrictions remain in place and the announcement does not make any immediate changes. The government’s plans to ease the current land and air travel restrictions for vaccinated travelers will make travel to the U.S. easier for many foreign nationals. However, key details, including implementation dates and official guidance on which vaccines will be accepted, remain unavailable at this time. Employers and employees should continue to consult their BAL professional before planning any international travel. BAL will provide additional information as it becomes available.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of Sept. 30, the department was adjudicating applications filed in May and earlier, conducting audit reviews on applications filed in November and earlier, and reviewing appeals for reconsideration filed in May and earlier.
Average PERM processing times:
PWD Processing: As of Sept. 30, the National Prevailing Wage Center was processing PWD requests filed in March and earlier for H-1B cases and February and earlier for PERM cases, according to the Labor Department. Redeterminations were being considered on appeals filed August and earlier for H-1B and PERM cases. Center director reviews were being conducted for PERM cases filed in September and earlier.
Average times for issuance of PWDs:
BAL Analysis: BAL’s internal case tracking is consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in May and earlier and is starting to see PWDs for requests filed in March and earlier for H-1B cases and February and earlier for PERM cases.
The State Department opened registration for the Diversity Visa 2023 lottery today. Up to 55,000 diversity immigrant visas will be available to nationals of countries with historically low immigration to the U.S.
DV-2022 Update: Last week, a U.S. District Court judge ordered the Biden administration to reserve a total of 7,395 diversity visas past their expiration for visa lottery winners whose applications had not yet been adjudicated. This order comes after the judge’s previous ruling, ordering the U.S. State Department to make good-faith efforts to process DV applications by Sept. 30.
BAL Analysis: Those interested in registering for the DV-2023 lottery are encouraged to do so early in the registration period. Individuals should beware of scams that frequently target DV lottery registrants. 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.
Investment and revenue thresholds for the International Entrepreneur (IE) program have increased.
Background: USCIS has been accepting IE parole applications since Dec. 2017 after a federal court vacated a delay put in place by the Trump administration. In May, the Biden administration formally withdrew a Trump administration plan that would have eliminated the IE parole program.
The increase in investment and revenue amounts is part of an automatic adjustment occurring every three years based on the Consumer Price Index. More information on eligibility requirements and the application process can be found on the IE parole program page.