COVID-19 Immigration Summer Travel Update

Since March 2020, the U.S. Division of Homeland Safety (DHS), Division of State (DOS), and Division of Labor (DOL) have issued and/or revised a major variety of guidelines and insurance policies in response to the worldwide COVID-19 pandemic. Under is a roundup of the present guidelines/insurance policies masking the foremost areas of world mobility impacted by COVID-19.

Worldwide Journey

U.S. Land Borders

• Canada: The border between the U.S. and Canada stays closed till July 21, 2021 apart from important staff and companies. As of July 5, totally vaccinated Canadian residents, everlasting residents, and sure exempted people will not be required to quarantine upon entry or bear an 8-day COVID check.

The U.S. land borders have been closed since March 21, 2020. Whereas the border closures are presently set to run out on July 21, they could be prolonged for extra 30-day durations. As a reminder, the next kinds of journey/vacationers are exempt from the restrictions:

• U.S., Canadian, and Mexican residents and everlasting residents returning to their house nation

• People touring for medical functions (e.g., to obtain medical therapy)

• People touring to attend academic establishments

• People touring to work within the U.S.

• People touring for emergency response and public well being functions (e.g., authorities officers or emergency responders)

• People engaged in lawful cross-border commerce (e.g., truck drivers transporting cargo between the U.S., Canada and Mexico)

• People engaged in official authorities or diplomatic journey

• People engaged in military-related journey or operations

Geographical Journey Bans

Entry into the U.S. is prohibited, with some exceptions, for many vacationers who’ve been in any of the next international locations at any time throughout the previous 14 days (together with transit):

• China; Iran; European Schengen space (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino, Vatican Metropolis); United Kingdom (England, Scotland, Wales, Northern Eire); Republic of Eire; Brazil; South Africa; India

Exceptions to this ban embody, however will not be restricted to:

• U.S. Residents and Lawful Everlasting Residents (LPRs)

• Sure relations of U.S. residents

• Diplomatic Vacationers

• People touring with an authorised Nationwide Curiosity Exception (NIE)

QUICK TIP: The present COVID-19 journey bans are primarily based on bodily presence and don’t ban residents or residents of any nation.

QUICK TIP: Even a layover/connecting flight in an impacted international locations is sufficient to set off the entry ban, so if touring to the U.S. from a non-banned nation, vacationers are suggested to double-check their itineraries to make sure that they don’t inadvertently grow to be topic to the ban.

Nationwide Curiosity Exceptions

Vacationers and their spinoff beneficiaries who would in any other case be topic to the geographic journey ban could request a Nationwide Curiosity Exception (NIE) primarily based on their visa kind and/or their supposed goal of keep in america. 

QUICK TIP: Efficient July 6, 2021, the DOS introduced that authorised NIEs are legitimate for 12 months and a number of entries. This coverage applies retroactively to vacationers granted an NIE throughout the prior 12 months. Beforehand, NIEs have been legitimate for a single entry inside 30 days of approval.

On June 24, 2021, the DOS up to date its steering on NIEs, together with classes of people who’re robotically thought-about for an NIE at ports of entry and people who could apply for an NIE on the U.S. Consulate.

People robotically thought-about for an NIE embody:

Be aware: New or returning college students current in China, Brazil, Iran, South Africa, or India could arrive no sooner than 30 days earlier than the beginning of an instructional program starting August 1, 2021 or after, together with Optionally available Sensible Coaching (OPT)

People who could apply for an NIE embody:

• Sure J-visa holders (trade guests, college students, and teachers; Instructional Fee for International Medical Graduates (ECFMG) individuals)

• Journalists

• Vacationers offering government course or very important assist for important infrastructure sectors, or instantly linked provide chains

• Vacationers offering very important assist or government course for vital financial exercise within the U.S.

• Vacationers whose goal of journey falls inside one among these classes: 1) Lifesaving medical therapy for the principal applicant and accompanying shut relations; 2) Public well being for these travelling to alleviate the consequences of the COVID-19 pandemic, or to proceed ongoing analysis in an space with substantial public well being profit (e.g., most cancers or communicable illness analysis); 3) Humanitarian journey, together with these offering care, medical escorts, and authorized guardians

• Vacationers whose work is within the nationwide curiosity of the U.S.

• Spinoff relations accompanying or following to affix a noncitizen who has been granted or could be fairly anticipated to obtain an NIE

People who’re robotically thought-about for an NIE at a port of entry don’t want to use for the NIE at their consulate upfront of their journey. Those that imagine they could be eligible for an NIE ought to contact their native consulate for directions.

QUICK TIP:  Authorized NIEs could also be famous instantly in a visa or an applicant could also be notified by way of e-mail that they’ve acquired a digital approval. Each codecs are equally legitimate, and vacationers are suggested to hold copies of the appliance supplies and affirmation of approval with them once they journey.

I-9 Compliance

Prolonged Flexibility

For workers employed between June 1, 2021 and August 31, 2021, Immigration and Customs Enforcement (ICE) has quickly waived the in-person I-9 doc inspection requirement for employers which can be totally distant as a consequence of COVID-19. Initially carried out on March 20, 2020, this steering has been prolonged in 30 to 60-day increments since and could also be prolonged after August 31.

To keep away from inadvertent I-9 regulatory violations, employers ought to be aware the next:

• As of April 1, 2021, an employer could make the most of the versatile I-9 pointers even when some workers are current on the worksite. Nevertheless, this flexibility ends as soon as the worker begins non-remote work on a daily, constant, or predictable foundation. This steering doesn’t prolong to distant workers whose employment is often distant, however solely applies to distant workers who’re quickly distant as a consequence of COVID-19.

• Previous to April 1, 2021, these pointers utilized solely to employers and workplaces working totally remotely as a consequence of COVID-19. If workers have been current on the worksite, no exceptions have been permitted. This steering didn’t prolong to distant workers whose employment is often distant, however solely utilized to distant workers who’re quickly distant as a consequence of COVID-19.

• Inside three days of the distant worker returning to common in-person employment or the termination of the versatile pointers, whichever is earlier, the employer should bodily examine any I-9 paperwork that have been inspected electronically in reliance on this coverage. Failure to well timed bodily examine these paperwork constitutes an I-9 violation.

QUICK TIP:  To keep away from lacking the three-day deadline, employers could start the bodily I-9 doc inspection for particular person workers prior to the return to in-person employment.

QUICK TIP:  To keep away from I-9 compliance violations, employers are inspired to conduct common inside I-9 audits and periodically evaluation the M-274 Handbook for Employers, steering for finishing Type I-9.

Ongoing COVID-19 Flexibilities

Extra Time For Responding To Company Requests

On June 24, 2021, U.S. Citizenship and Immigration Companies (USCIS) prolonged its coverage granting further time to reply to the next kinds of company requests so long as they have been mailed by the company between March 1, 2020 and September 30, 2021:

• Requests for Proof

• Continuations to Request Proof (N-14)

• Notices of Intent to Deny, Revoke, Rescind, or Terminate

• Motions to Reopen an N-400 Pursuant to eight CFR 335.5

If a response to an eligible USCIS request and/or discover is acquired inside 60 days of the acknowledged deadline, then USCIS will contemplate the response prior to creating a remaining willpower.

Refiling Sure Purposes Due To Delayed Rejection From USCIS Lockbox

As a consequence of COVID-19, USCIS Lockbox services are experiencing vital delays in consumption and processing of immigrant and nonimmigrant functions and petitions. In some circumstances, delayed rejections can stop an applicant from well timed refiling or trigger an applicant to “age out” of a profit. Subsequently, for sure functions filed at a USCIS Lockbox between October 1, 2020 and August 9, 2021, the company has issued the next steering:

• For candidates whose software was rejected solely as a result of the submitting price expired as a consequence of USCIS Lockbox delays, the applicant could refile and USCIS will deem the appliance to have been acquired on the date the preliminary software was acquired. USCIS may also waive the $30 dishonored verify price.

• For candidates, co-applicants, beneficiaries, or derivatives who aged out of eligibility for the requested profit as a consequence of a delayed rejection from a USCIS lockbox, the applicant could refile and USCIS will deem the appliance to have been acquired on the date the preliminary software was acquired. This doesn’t apply to Type N-600K, Utility for Citizenship and Issuance of Certificates.

QUICK TIP:  Each petitioners and candidates ought to periodically evaluation the USCIS COVID-19 Response webpage (https://www.uscis.gov/about-us./uscis-response-to-covid-19) and the web sites of different authorities companies for up-to-date info on steering on COVID-19 associated insurance policies and flexibilities.

Type I-539 Biometrics

On Could 3, 2021, USCIS introduced that it’ll droop the biometrics necessities for I-539 applicant classes (H-4, L-2, E-1, E-2, E-3) for a two-year interval starting on Could 17, 2021. The suspension applies to Type I-539 functions which can be 1) pending on Could 17, 2021, and haven’t but acquired a biometric companies appointment discover, or 2) new functions acquired by USCIS from Could 17, 2021, by means of Could 23, 2022.