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. Beneath is a roundup of the present guidelines/insurance policies protecting the foremost areas of worldwide 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 aside from important employees and providers. As of July 5, totally vaccinated Canadian residents, everlasting residents, and sure exempted people aren’t required to quarantine upon entry or endure an 8-day COVID take a look at.

The U.S. land borders have been closed since March 21, 2020. Whereas the border closures are at present set to run out on July 21, they could be prolonged for extra 30-day intervals. 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 instructional 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 aren’t restricted to:

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

• Sure members of the family of U.S. residents

• Diplomatic Vacationers

• People touring with an accredited 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 change into topic to the ban.

Nationwide Curiosity Exceptions

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

QUICK TIP: Efficient July 6, 2021, the DOS introduced that accredited 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 had 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 of for an NIE at ports of entry and people who might apply for an NIE on the U.S. Consulate.

People robotically thought of for an NIE embody:

Notice: New or returning college students current in China, Brazil, Iran, South Africa, or India might 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 might apply for an NIE embody:

• Sure J-visa holders (change guests, college students, and lecturers; Academic Fee for Overseas Medical Graduates (ECFMG) members)

• Journalists

• Vacationers offering government course or important help for important infrastructure sectors, or straight linked provide chains

• Vacationers offering important help or government course for important financial exercise within the U.S.

• Vacationers whose goal of journey falls inside one in all these classes: 1) Lifesaving medical therapy for the principal applicant and accompanying shut members of the family; 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 members of the family accompanying or following to hitch a noncitizen who has been granted or could be fairly anticipated to obtain an NIE

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

QUICK TIP:  Accredited NIEs could also be famous straight in a visa or an applicant could also be notified through e-mail that they’ve obtained 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 after 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 might be totally distant attributable to 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 observe the next:

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

• Previous to April 1, 2021, these pointers utilized solely to employers and workplaces working totally remotely attributable to COVID-19. If workers had been current on the worksite, no exceptions had been permitted. This steering didn’t lengthen to distant workers whose employment is generally distant, however solely utilized to distant workers who’re quickly distant attributable to 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 had 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 might 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 inner I-9 audits and periodically assessment the M-274 Handbook for Employers, steering for finishing Kind 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 extra time to reply to the next kinds of company requests so long as they had 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 obtained inside 60 days of the acknowledged deadline, then USCIS will think about the response prior to creating a closing dedication.

Refiling Sure Purposes Due To Delayed Rejection From USCIS Lockbox

As a result of COVID-19, USCIS Lockbox amenities are experiencing important delays in consumption and processing of immigrant and nonimmigrant purposes and petitions. In some instances, delayed rejections can stop an applicant from well timed refiling or trigger an applicant to “age out” of a profit. Subsequently, for sure purposes 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 charge expired attributable to USCIS Lockbox delays, the applicant might refile and USCIS will deem the appliance to have been obtained on the date the preliminary software was obtained. USCIS will even waive the $30 dishonored verify charge.

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

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

Kind I-539 Biometrics

On Could 3, 2021, USCIS introduced that it’s going to 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 Kind I-539 purposes which might be 1) pending on Could 17, 2021, and haven’t but obtained a biometric providers appointment discover, or 2) new purposes obtained by USCIS from Could 17, 2021, by Could 23, 2022.