The Department of State (“DOS”) published an update on the their efforts to tackle the visa backlogs that they have been faced with worldwide due to the COVID-19 pandemic. The DOS is committed to lowering visa interview wait times and optimistically reports embassies and consulates are “recovering faster than projected” and will return to pre-pandemic processing capacity this year.
Read morePresident Biden Lets Trump’s Suspension of Certain Work Visas Including H-1B’s Expire
President Biden has let former President Trump’s Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program), and L nonimmigrants, expire on March 31, 2021. In their announcement regarding the expiration of PP 10052, the Department of State (DOS) noted that “visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing Visa Services Operating Status Update guidance.”
Read moreUSCIS Expands Premium Processing Service to E-3 Petitioners Effective February 24, 2021
This week US Citizenship & Immigration Services (USCIS) expanded the fifteen-day premium processing service to E-3 petitioners. Effective February 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, who are requesting a change or extension of status to E-3 classification, will have the option to request premium processing service for their petition. The E-3 visa category is reserved for Australian nationals seeking to work in the US in a professional job.
Read moreJudge Issues Preliminary Injunction Halting Proclamation Suspending Entry of H-1B, H-2B, J-1, and L-1 Workers for Plaintiffs
In early October, Judge Jeffrey S. White of the US District Court for the Northern District of California temporarily blocked further implementation of section 2 of the June 22 presidential proclamation (PP 10052) that suspended entry into the US for H-1B highly-skilled workers, H-2B nonagricultural workers, J-1 exchange visitors including interns, trainees, teachers, camp counselors, and au pairs, and L international intracompany transfers, and all their dependents. This injunction is not nationwide and only applies to plaintiffs and members of the plaintiff groups. In his opinion, Judge White criticized the June 22 presidential proclamation noting it did not address the issue it was supposed to fix, namely helping the domestic economy by providing more job opportunities for Americans. “[T]he Proclamation completely disregards both economic reality and the pre-existing statutory framework. Furthermore, without any consideration of the impact on American firms and their business planning, the Proclamation abruptly changed the scope of immigration policy in the United States.”
Read moreForbes: "Trump Immigration Policy Now Blocks World’s Most Highly Skilled"
Attorneys and foreign nationals are reporting that US consular officers in Europe are denying O-1 visas for individuals who “possesses extraordinary ability” or a “demonstrated record of extraordinary achievement” based on the March 11, 2020, presidential proclamation (PP 9993) that restricted travel to the US from the Schengen Area, which includes twenty-six European countries. This March 11 proclamation stated: “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited.” (Other proclamations enacted similar travel restrictions for other countries including England, Scotland, Wales, Northern Ireland, and the Republic of Ireland, as well as Brazil.)
Read moreCan I Travel to the US? COVID-19-Related Travel Restrictions and Issues
What a strange and unpredictable year this has been! As countries start to open up their borders to international travelers, the most common question we have been getting over the last few months has been, "Can I travel to the US?" Unfortunately the very lawyerly answer is: "It depends." It depends what country you are coming from. It depends if you have a visa and in what visa category you intend to travel to the US. It depends on whether you have a Green Card. It depends on whether you have a legal permanent resident or US citizen relative. It may even depend on what exactly you intend to do in the US. Below we will try to unravel some of these issues but in many cases there are no clear answers. One caveat: the information about travel to the US is changing on an almost daily basis, therefore more than ever before, if you intend to travel to the US, it is vitally important you check with an immigration lawyer for specific advice on your individual circumstances.
Read moreUS Embassies/Consulates To Begin Phased Resumption of Routine Visa Services
After suspending routine visa services at US Embassies/Consulates worldwide in March due to the coronavirus (COVID-19) pandemic, the US Department of State (DOS) announced this week that US Embassies and Consulates abroad will begin the phased resumption of routine visa services with some posts reopening for limited routine visa services as of July 15, 2020. The resumption of routine visa services will occur on a post-by-post basis, the DOS said, and each post will coordinate with the “Department’s Diplomacy Strong framework for safely returning our workforce to Department facilities.”
Read morePresident Trump’s Proclamation Temporarily Suspending Entry of Immigrants to the US for 60 Days
President Trump yesterday signed a presidential proclamation effective today, April 23, 2020 at 11:59pm EDT, temporarily blocking for sixty days the issuance of immigrant visas (Green Cards) to those outside the United States. This proclamation is meant to assist with the economic recovery for American workers affected by the coronavirus (COVID-19) pandemic and comes after the president’s tweet earlier this week where he said he would “suspend immigration.” The proclamation itself is more limited in scope than President Trump’s initial claim and only applies for a period of sixty days to those foreign nationals applying for an immigrant visa (Green Card) who are physically outside the US.
Read moreUS Embassy/Consulate Visa Appointment Cancellations (UPDATED JULY 20, 2020)
UPDATE JULY 20, 2020: US Embassies/Consulates around the world will begin the phased resumption of some routine visa services, with some resuming services as of July 15, 2020.
Many US Embassies and Consulates around the world have canceled routine nonimmigrant and immigrant visa appointments in response to the spread of coronavirus (COVID-19). In this post, we have included cancellation information for select US Embassies and Consulates. The US State Department also has a dedicated page with links to each nation’s US embassy that provides specific information regarding COVID-19 including information regarding health services, recommendations, and, if applicable, notification of the reduction or suspension of visa services. While not every embassy page is updated, many have useful and relevant information for travelers. Additionally, The Gate, a blog focusing on travel, has provided a full list of countries and territories that have travel restrictions as a result of COVID-19.
Argentina
Effective March 16, the US Embassy in Buenos Aires has cancelled routine nonimmigrant visa appointments. They will resume routine visa services as soon as possible. The MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. Travelers who have an urgent matter and need to travel immediately should follow the guidance provided under the “Expedited Appointments” tab on the embassy webpage page to request an emergency appointment.
Canada
Effective March 17, 2020, the US Embassy and all Consulates General in Canada have cancelled all routine nonimmigrant visa appointments. They do not know when they will resume appointments. Travelers who have an urgent matter and need to travel immediately should follow guidance provided at https://ais.usvisa-info.com/en-ca/niv to request an emergency appointment. The Consulate General in Montreal at this time continues to process immigrant visas but depending on staffing capacity and host government restrictions, they may reduce routine immigrant visa appointments, and will notify applicants if necessary to reschedule.
Chile
Nonnimigrant visa processing is suspended effective March 16 through March 31, 2020. Those who have an urgent need to travel immediately should follow guidance provided at https://ais.usvisa-info.com/en-cl/niv/information/faqs#need_earlier_appt to request an emergency appointment.
France
Effective March 16, 2020, the United States Embassy in Paris, France is cancelling routine immigrant and nonimmigrant visa appointments. The embassy will resume these routine visa services as soon as possible but they are unable to provide a specific date at this time. Note that the MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. Applicants who need to travel immediately because of an urgent matter should follow instructions here, or contact fae_contactus+fr+mrv+en@visaops.net or call +33 1 82 88 29 57 (if in France) or +1 703 543 9342 (if in the US), to request an emergency appointment.
Mexico
US Embassy and Consulates in Mexico have indefinitely suspended all nonimmigrant visa and immigrant visa appointments. Biometric appointments will be cancelled via email. Nonimmigrant visa applications will be accepted on a limited basis for emergency travel only and applicants should make the request for an emergency appointment at https://ais.usvisa-info.com/en-MX/niv. For case-specific inquiries for nonimmigrant visas, please contact the Embassy at mx.usembassy.gov/es/visas-es/contactenos-form. For immigrant visa inquiries, applicants can find instructions on how to contact staff at ais.usvisa-info.com/es-mx/iv/information/contact_us.
The Netherlands
The US Consulate Amsterdam will limit consular services as of March 17th, in response to the Dutch Government’s March 15 decree establishing country-wide school and cultural closures to prevent the spread of COVID-19. Consequently, all scheduled regular appointments are cancelled until further notice. Emergency visa processing will continue. For updates on COVID-19 please consult the embassy website and https://www.rivm.nl/en.
United Kingdom
The US Embassy in London is cancelling all nonimmigrant and immigrant visa appointments effective March 17, 2020. The MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. At this time there is no indication when appointments will resume. Applicants who recently had appointments at the Embassy have reported that the consular officer told them the Embassy is not printing visas at this time due to the coronavirus (COVID-19) pandemic.
Switzerland
Effective March 16, 2020, US Embassy Bern has suspended routine consular services. The embassy will also be closed on March 17 and resume limited operations on March 18. Emergency American Citizens Services, including emergency passport issuance, continue to be available. Please visit the embassy website for additional information or to schedule an appointment. The US Consular Agencies in Geneva and Zurich will remain closed effective immediately until further notice.
We will post additional updates as we receive them.
Department of State Publishes Final Rule to Prevent Pregnant Women from Traveling to the US under B Visas for “Birth Tourism”
The Department of State (DOS) last week published a final rule effective January 24, 2020, that states consular officers will deny applications for B nonimmigrant visas if the officer believes that the foreign national applicant intends to travel to the US for the primary purpose of obtaining US citizenship for a child by giving birth in the US, commonly referred to as “birth tourism.” The final rule states that the DOS is addressing the issue of “birth tourism” since it “creates a potential long-term vulnerability for national security” and since the “birth tourism” industry is “rife with criminal activity, including international criminal schemes.”
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