Since April 2020, a number of govt actions have been issued, and subsequently amended, which have had a major influence on enterprise immigration.
This alert serves to tell shoppers of the updates to the continued U.S. visa system and journey restrictions in response to the worldwide coronavirus pandemic. Since implementation of the restrictions, the Trump administration has issued further steerage on sure exceptions for eligible individuals to acquire a visa or enter the USA.
Proclamation 10014 — Suspension of Immigrant Visas
Proclamation 10014 grew to become efficient April 23, 2020, at 11:59 pm (ET) and was just lately prolonged to December 31, 2020, by President Trump. This proclamation applies to any particular person:
Searching for to enter the USA as an immigrant who was outdoors of the USA on April 23, 2020,
Who didn’t have a legitimate immigrant visa as of April 23, and
Who was not already in possession of a legitimate journey doc efficient on or after April 23, 2020
The next classes are exempted from Proclamation 10014:
Lawful everlasting residents
People and their spouses or kids searching for to enter the USA to carry out medical companies or analysis to cease the unfold of COVID-19
People making use of for the EB-5 immigrant investor program
Spouses of U.S. residents
Kids of U.S. residents beneath the age of 21 and potential adoptees searching for to enter on an IR-Four or IH-Four visa
People who would additional the enforcement initiatives of U.S. regulation enforcement
Members of the U.S. armed forces and their spouses and kids
People and their spouses or kids eligible for Particular Immigrant Visas similar to an Afghan or Iraqi translator/interpreter or U.S. authorities worker
People whose entry can be within the nationwide curiosity (as decided by the Secretaries of State and DHS)
Kids who would age out of eligibility for a visa due to this proclamation
Pursuant to the authority of the chief department beneath the Immigration and Nationality Act, this proclamation might be prolonged if the President, in session with the Secretaries of State and the Division of Homeland Safety (DHS), decide it’s obligatory.
Proclamation 10052 — Suspension of Non-immigrant Visas
Proclamation 10052 grew to become efficient two months later at 12:01am (ET) on June 24, 2020, remaining in impact by way of December 31, 2020. This proclamation prolonged the immigrant visa entry restrictions listed in Proclamation 10014 however didn’t alter its exceptions. This proclamation focuses on proscribing people within the following nonimmigrant visa classes of entry to the USA:
H-1B, H-2B or H-Four dependents
J-1 interns, trainees, academics, camp counselors, au pairs or summer season work-travelers and their J-2 dependents
L-1A/L-1B or L-2 dependents
People within the above visa classes are topic to restricted entry into the USA if the person:
Was outdoors the USA as of June 24, 2020,
Didn’t have a nonimmigrant visa in one of many classes specified above that was legitimate as of June 24, and
Didn’t have an official journey doc apart from a visa (like an advance parole doc) that was legitimate as of June 24 or issued on any date that allows journey to the USA
As with Proclamation 10014, Proclamation 10052 indicated that the next people are exempt:
Lawful everlasting residents
Spouses or kids of U.S. residents
People searching for to enter the USA to offer non permanent labor or companies important to the U.S. meals provide chain
People whose entry can be within the nationwide curiosity as decided by the Secretaries of State or DHS
And, as with Proclamation 10014, this proclamation might be prolonged if the President deems it obligatory.
Updates to Government Orders Proscribing Employment-Primarily based Immigration and Journey to the USA
On June 29, 2020, Proclamation 10052 was amended by President Trump to make clear language surrounding people outdoors of the USA searching for entry beneath H-1B, H-2B, J-1 or L-1 visa classes or their dependents. Moreover, the Division of State launched and clarified particular exemptions to Proclamation 10014 and 10052:
Exemptions to the restrictions on United States entry beneath Proclamation 10052 are as follows:
Public well being professionals, well being care professionals or researchers searching for to alleviate the results of the COVID-19 pandemic or to conduct ongoing medical analysis in an space with a considerable public well being profit.
Journey supported by a request from a U.S. authorities company or entity to satisfy crucial U.S. international coverage aims or to fulfill treaty or contractual obligations.
H-2B Nonimmigrant Visa
L-1 Nonimmigrant Visa
Journey as a public well being skilled, well being care skilled or researcher to alleviate the results of the COVID-19 pandemic, or to conduct ongoing medical analysis in an space with a considerable public well being profit. This contains these touring to alleviate results of the COVID-19 pandemic which may be a secondary impact of the pandemic.
J-1 Interns, Trainees, Academics, Camp Counselors, Au Pairs and Summer season Work Journey Change Guests
Journey to offer take care of a minor U.S. citizen, lawful everlasting resident, or nonimmigrant in lawful standing by an au pair possessing particular expertise required for a kid with particular wants. Childcare companies offered for a kid with medical points recognized by a professional medical skilled by a person who possesses expertise to take care of such little one might be within the nationwide curiosity.
Journey by an au pair that forestalls a U.S. citizen, lawful everlasting resident or different nonimmigrant in lawful standing from turning into a public well being cost or ward of the state of a medical or different public funded establishment.
Childcare companies offered for a kid whose dad and mom are concerned with the availability of medical care to people who’ve contracted COVID-19 or medical analysis at United States services to assist the USA fight COVID-19.
Change packages carried out pursuant to a Memorandum of Understanding, Assertion of Intent or different legitimate settlement or association between a international authorities and any federal, state or native authorities entity in the USA that’s designed to advertise U.S. nationwide pursuits if the settlement or association with the international authorities was in impact previous to the efficient date of the presidential proclamations.
Interns and trainees on U.S. authorities agency-sponsored packages (these with a program quantity starting with “G-3” on Kind DS-2019) — trade guests taking part in an trade customer program by which she or he might be hosted by a U.S. authorities company, and this system helps the speedy and continued financial restoration of the USA.
Specialised academics in accredited instructional establishments with a program quantity starting with “G-5” on Kind DS-2019 — trade guests taking part in an trade program by which she or he will educate full-time, together with a considerable portion that’s in individual, in a publicly or privately-operated main or secondary accredited instructional establishment the place the applicant demonstrates capability to make a specialised contribution to the training of scholars in the USA. A “specialised trainer” applicant should display native or near-native international language proficiency and the power to show his or her assigned topic(s) in that language.
Change guests concerned in crucial international coverage aims, solely together with trade packages that fulfill crucial and time delicate international coverage aims.
The Division of State may even proceed to subject H-4, L-2 and J-2 dependent visas to in any other case certified spinoff candidates who qualify for a nationwide curiosity exemption, similar to these searching for to affix a principal applicant presently in the USA.
Suspension of Overseas Nationals Searching for Entry into the USA
President Trump issued journey restrictions for sure international nationals searching for to enter the USA who’re touring from sure international locations, no matter visa standing. These restrictions are nonetheless in place as of this publication date and can stay in place till they’re explicitly terminated by the President.
Overseas nationals who’ve been within the following international locations inside the 14 days previous to the date of their U.S. entry won’t be admitted:
This 14-day journey restriction doesn’t apply to the next classes:
Lawful everlasting residents
Spouses of U.S. residents or lawful everlasting residents
Dad and mom or authorized guardians of single U.S. residents or lawful everlasting residents beneath the age of 21
Siblings of U.S. residents or lawful everlasting residents if each are single and beneath the age of 21
Kids, foster kids or wards of U.S. residents or lawful everlasting residents
The next exceptions apply to vacationers from the Schengen Space, United Kingdom and Eire:
College students travelling with legitimate F-1 and M-1 visas
College students with J-1 visas (ought to contact the closest embassy or consulate to provoke an exception request)
Enterprise vacationers, traders, lecturers and treaty merchants who’ve a legitimate visa or Digital System for Journey Authorization (ETSA) authorization (ought to contact the closest embassy or consulate earlier than touring)
The Division of State continues to grant Nationwide Curiosity Exceptions for vacationers searching for to enter the USA for functions associated to humanitarian journey, public well being response and nationwide safety.
Canada-U.S. Border Restrictions
Lately, Customs and Border Safety (CBP) printed an up to date discover of the beforehand introduced March 21, 2020, agreements among the many United States, Canada and Mexico to maintain their borders closed to nonessential land and ferry crossings. The most recent discover extends the prevention measures by way of August 20, 2020. Notice that CBP continues to course of TN and L-1 purposes on the border in furtherance of worldwide commerce and commerce.
Phased Resumption of State Division Providers
The U.S. Division of State additionally introduced the phased resumption of routine visa companies at U.S. consulates all over the world. Nevertheless, journey restrictions for international nationals from sure international locations are nonetheless in place with the abovementioned exceptions.
The resumption of routine visa companies to securely return the State Division’s workforce to its services will happen on a post-by-post foundation. To that time, the State Division is unable to offer a particular date for when every mission will resume particular visa companies. Candidates with pressing issues ought to navigate to their respective consulate’s web site to request an appointment. Missions will proceed to offer all doable companies to U.S. residents.
Summer season affiliate David Adeleye contributed to this shopper alert.
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