As we explained on May 4 and March 12, the Department of Homeland Security has relaxed normal in-person verification requirements for Form I-9 during the pandemic.
Continue Reading COVID-19 UPDATE: USCIS Extends Relaxed Requirements for Form I-9
Moving Top Talent and Managing Risk
As we explained on May 4 and March 12, the Department of Homeland Security has relaxed normal in-person verification requirements for Form I-9 during the pandemic.
Continue Reading COVID-19 UPDATE: USCIS Extends Relaxed Requirements for Form I-9
In the ten days since we reported on presidential Proclamation 10052, certain questions we and other immigration attorneys had about the proclamation have been clarified. The proclamation established a ban on admission to the United States for people in the H, L, and J nonimmigrant visa categories for the rest of calendar year 2020. We now have the following additional answers to the questions we asked on June 23:
If I am Canadian and do not require a U.S. visa, am I banned from entering?
No. Canadian citizens are not subject to the ban. The pretext for the proclamation is preventing entry of work-authorized foreign nationals who “present a risk to the U.S. labor market” during COVID-19 economic recovery. Although Canadians are just as likely as other nationalities to work in the United States in H, L or J status, US Customs and Border Protection has confirmed they are not subject to the proclamation. This is because the proclamation makes a valid visa a prerequisite for entry, and Canadians, unlike other nationalities, are exempt from the requirement to have visas in their passports prior to entering.
If I had a valid visa on June 24, 2020, in a different category, can I obtain an H, L or J visa at a US consular post, and return?
No. When the proclamation was initially released, it was unclear whether someone who had a valid visa on June 24, 2020, in any category (e.g., F-1, B-1/B-2, O-1, etc.) could later apply for an H, L or J visa and enter the United States. On June 29, the White House released an amended proclamation clarifying that its initial language was meant to be read strictly, not broadly or generously. Only those who have H, L or J visas in their passports that were valid on June 24, 2020, may reenter the US after international travel.
If I was inside the United States in H, L or J status on June 24, 2020, and I travel abroad, can I renew my visa at a US consular post, and return?
Yes and No. For entry, the proclamation requires that your visa be valid on June 24, 2020, and remain valid. It is unclear if consulates will issue new H, L or J visas, but the proclamation does not explicitly prevent them from doing so. You can obtain a new visa if a consulate grants you an appointment; however, you cannot reenter with that visa unless you meet one of the exceptions (see below).
If I am outside the United States, but my H, L or J visa has expired, can I renew my visa at a US consular post, and return?
Yes and No. For entry, the proclamation requires that your visa be valid on June 24, 2020, and remain valid. It is unclear if consulates will issue new H, L or J visas, but the proclamation does not explicitly prevent them from doing so. You can obtain a new visa if a consulate grants you an appointment; however, you cannot reenter with that visa unless you meet one of the exceptions (see below).
How will the exceptions to the proclamation be determined and implemented?
Who qualifies for an exception to the entry ban is still the most obscure part of the proclamation. As we reported initially, Proclamation 10052 establishes exceptions to the ban for those who are:
The proclamation also grants “sole discretion” to the Departments of State and Homeland Security to apply these criteria as they see fit. The hope and expectation have been that, eventually, after guidelines were established and distributed to the field by high-level cabinet officials, a certain level of discretion would extend to officers at U.S. embassies and consulates worldwide, as well as to CBP agents at US land and air ports of entry. However, in practice, it appears these field officers will have no discretion whatsoever and each individual exception will require approval at the highest agency levels, thus assuring an extended review of weeks or months and little to no transparency in the process.
UPDATES as of July 1, 2020: Please see our new piece, Entry Ban Update, for additional information that has become available about how the proclamation is being enforced for Canadians, visa renewals, and exceptions.
We last wrote about international travel during COVID-19 in March, with a general overview and a separate article about travel in North America. Since then, many changes have occurred (for example, those traveling to Canada and the United Kingdom must now quarantine for 14 days after arrival), while other elements of travel have remained the same (U.S. consulates around the world remain closed). As of June 18, 2020, countries are continuing to respond with travel warnings, travel restrictions, health screenings, quarantines, and extensions of immigration status for affected individuals.
General Resources
In addition to the country-specific information provided below, several general resources are also available to the public. As the situation is still changing quickly, check the “Last Updated” date on websites to be sure you are reviewing the most up-to-date information:
Travel to and from the United States
As of June 18, 2020, the US has responded in a variety of ways:
Other Countries
Canada
Mexico
United Kingdom
European Union
If you have questions concerning foreign travel during the COVID-19 outbreak, please contact one of our attorneys.
We are pleased to announce that the Labor and Employment team at Hunton Andrews Kurth LLP has been recognized as practice leaders in Immigration and Labor and Employment Disputes (Including Collective Actions): Defense by The Legal 500. Eleven individual lawyers on HuntonAK’s Labor and Employment and Immigration Team also were acknowledged.
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.
Continue Reading July 2020 Visa Bulletin –Backlogs Persist, but India Advances at a Quicker Pace
Since the start of the COVID-19 pandemic, US immigration agencies have continued offering minor, but welcome, accommodations to individuals affected by COVID-19 who rely on immigration programs. While there are no groundbreaking changes, here is a roundup of the most notable changes in the last two months.
Continue Reading COVID-19: Updates on Operational Changes at US Immigration Agencies
After suspending all “premium processing” for more than two months during the COVID-19 pandemic, USCIS today announced it will again accept premium fees (currently, $1,440 per form) and requests for expedited adjudication (currently, 15 calendar days) for Forms I-129 (Petition for Nonimmigrant Worker) and I‑140 (Immigrant Petition for Alien Worker).
Continue Reading COVID-19 UPDATE: USCIS Premium Processing Returns Beginning June 1, 2020
On March 25, we reported that US Citizenship and Immigration Services had closed all local domestic offices, including asylum offices, field offices, and application support centers, due to COVID-19 contagion risks. Those closures, while initially short term, have been extended several times and remain in effect as of today.
Continue Reading COVID-19 UPDATE: USCIS To Reopen Certain Local Offices on June 4
On May 24, 2020, the White House added Brazil to the list of countries triggering denial of admission to the US if travelers have been physically present in those countries for the preceding 14 days. The presidential action cited “widespread, ongoing person-to-person transmission of SARS-CoV-2” as the reason for the ban, listing the WHO’s ranking of Brazil with the “third highest number of confirmed cases in the world.”
Continue Reading COVID-19 UPDATE: Brazil Joins US Prohibited Entry List
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