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U.S. Citizenship and Immigration Services (USCIS) has reminded green card applicants that they must be fully vaccinated against COVID-19 to complete the required immigration medical examination.
Key Points:
Additional Information: USCIS is updating its policy manual in line with the Centers for Disease Control and Prevention’s announcement in late August.
BAL Analysis: Employers and employees should contact their BAL professional with any questions about the new requirement. BAL continues to review and monitor the new vaccination requirement and will provide additional information ahead of the Oct. 1 implementation date.
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) announced Tuesday that Croatia would be added to the Visa Waiver Program (VWP).
BAL Analysis: Croatian business and tourist travelers will benefit from the convenience of not having to apply for a visa at a consulate once the change takes effect later this year. Visa-waived travelers are reminded to apply for their ESTA online at least 72 hours prior to travel.
At this time, a number of restrictions on travel to the U.S. remain in place. Travelers should continue to anticipate delays or limited availability of consular services abroad. Employers and employees should continue to consult their BAL professional before planning any international travel.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
The Department of Homeland Security (DHS) plans to publish a proposed regulation tomorrow to “preserve and fortify” Deferred Action for Childhood Arrivals (DACA).
Additional Information: In January, President Joe Biden issued a memorandum ordering DHS to take steps to protect DACA. Following this directive, Secretary of Homeland Security Alejandro N. Mayorkas announced that DHS would propose a regulation to preserve and fortify DACA. Secretary Mayorkas reaffirmed that while this action would be an important step in protecting the 640,000 people brought to the U.S. as children, Congress still needed to pass legislation to give Dreamers full protection and a path to citizenship. Since then, more than 100 employers and trade associations have called on Congress to protect DACA, stating that DACA recipients’ “work and commitment to our companies, their families and communities are critical to our nation’s strength, especially since there are tens of thousands of DACA recipients working as frontline doctors and nurses and in other critical industries fighting COVID-19.”
BAL Analysis: At this time, DHS continues to adjudicate only renewal applications for existing DACA recipients. DHS will accept comments from the public on the proposed rule for 60 days. The agency will need to review the comments before publishing a final regulation, and expected legal challenges could affect implementation. BAL continues to monitor developments related to DACA and will provide updates as information becomes available. For more information, please visit BAL’s DACA Resource Center here.
The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) shared DACA renewal tips this week, urging applicants to file early and double check to make sure their applications are complete.
The Department of Homeland Security (DHS) is currently enjoined from adjudicating first-time DACA requests, but continues to process renewal requests. The CIS Ombudsman recommended that renewal applicants:
Additional Information: In July, a federal judge in Texas ruled that the DACA program was unlawful and enjoined the agency from adjudicating first-time requests, but not renewals. The Justice Department appealed the ruling earlier this month. DHS is in the process of issuing a regulation to strengthen DACA. The text of the proposed rule is not yet available.
BAL Analysis: To avoid additional delays, DACA beneficiaries are encouraged to follow the Ombudsman’s recommendations when submitting DACA renewal requests. For more information, please visit BAL’s DACA Resource Center here.
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 will extend the bans on nonessential land travel across the U.S. borders with Canada and Mexico, according to Federal Register notices set to be published on Wednesday, Sept. 22.
Additional Information: The U.S.’s bans on nonessential travel across land borders from Canada and Mexico have been in place since March 2020 and subsequently extended for 30-day periods since then.
The White House said Monday that the U.S. would soon lift regional entry bans for foreign nationals who are vaccinated against COVID-19 and show proof of a negative test, numerous media outlets reported.
The White House had not posted an official announcement as of Monday afternoon, but reports said the policy would take effect in November and that once it is implemented:
White House officials indicated this change will apply only to international air travel and does not affect land border travel restrictions.
BAL Analysis: While the announcement indicates that traveling to the U.S. may soon become easier for many foreign nationals who are fully vaccinated, the White House has yet to post the text of the new policy or provide an exact implementation date. Key details remain unknown, including which vaccines the U.S. government will deem acceptable. For now, a number of restrictions on travel to the U.S. remain in place. Travelers should continue to anticipate delays or limited availability of consular services abroad. Employers and employees should continue to consult their BAL professional before planning any international travel.
The Office of Management and Budget (OMB) has completed its review of the Department of Homeland Security’s (DHS) proposed rule to “preserve and fortify” Deferred Action for Childhood Arrivals (DACA). The text of the rule is not yet available.
Additional Information: In January, President Joe Biden issued a memorandum ordering DHS to take steps to protect DACA. Following this directive, Secretary of Homeland Security Alejandro N. Mayorkas announced that DHS would propose a regulation to preserve and fortify DACA. Secretary Mayorkas reaffirmed that while this action would be an important step in protecting the 640,000 people brought to the U.S. as children, Congress still needed to pass legislation to give Dreamers full protection and a path to citizenship. Since then, over 100 employers and trade associations have called on Congress to protect DACA, stating that “their work and commitment to our companies, their families and communities are critical to our nation’s strength, especially since there are tens of thousands of DACA recipients working as frontline doctors and nurses and in other critical industries fighting COVID-19.”
BAL Analysis: Official publication of the proposed rule will begin a public comment period. DHS will need to review the comments before publishing a final regulation, and expected legal challenges could further delay implementation. At this time, DHS continues to adjudicate only renewal applications for existing DACA recipients. BAL continues to monitor for developments related to DACA and will continue to provide updates as information becomes available. For more information, please visit BAL’s DACA Resource Center here.
The House Judiciary Committee advanced a budget bill this week that would provide a pathway to permanent residence for millions of immigrants and adopt measures to reduce the green card backlog.
The committee’s action is a first step in the legislative process. The Senate parliamentarian will soon determine whether the immigration provisions can be enacted through the budget reconciliation process, which allows the Senate to pass legislation by a simple majority rather than the usual 60 votes. Any immigration provisions would be part of a larger budget reconciliation package, which would need to pass the House and Senate and be signed by President Joe Biden to become law. Provisions may change before the two chambers vote on a final version of the package, depending on the parliamentarian’s ruling and political dynamics.
The version of the bill the House Judiciary Committee advanced would:
Additional Information: For additional information, please see BAL’s analysis of the key immigration provisions in the House bill, available here. BAL will continue following the budget reconciliation process and will provide updates on important developments.
The U.S. Justice Department has appealed a federal judge’s ruling that the Department of Homeland Security (DHS) did not follow proper procedures when it created the Deferred Action for Childhood Arrivals (DACA) program in 2012.
BAL Analysis: While the July ruling prevents DHS from approving any new first-time DACA grants, current DACA recipients remain able to file renewal requests and for employment authorization at this time. BAL continues to follow developments related to DACA, including in the courts and the regulatory process. For more information, please visit BAL’s DACA Resource Center here.
The U.S. District Court for the District of Columbia has ordered the U.S. State Department to make good-faith efforts to process Diversity Visa (DV) applications by Sept. 30.
Background: On Sept. 9, the U.S. District Court ruled that the Department could not prohibit staff from processing, reviewing or adjudicating 2021 DV applications based on the Nov. 2020 prioritization guidance. However, the court clarified that the November 2020 prioritization guidance “does not prevent any embassy personnel, consular officer, or administrative processing center from prioritizing the processing, adjudication, or issuance of visas based on resource constraints, limitations due to the COVID-19 pandemic, or country conditions.” More information on how the Department generally prioritizes immigrant visa applications can be found here.
BAL Analysis: BAL will continue to monitor Diversity Visa updates and will provide important updates as information becomes available.