Visa Lawyer Blog

Articles Posted in Presidential Proclamations

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Ahead of the U.S. presidential election, President Biden is considering the rollout of a set of new executive actions aimed at curbing illegal migration at the U.S. southern border and measures that would create new obstacles for asylum applicants. Individuals speaking on condition of anonymity have said these policies could come as soon as March 7th as part of President Biden’s State of the Union speech.

According to reports by insiders of the Biden administration, the proposals under discussion would use a provision of the Immigration and Nationality Act (INA) to stop migrants from requesting asylum at U.S. ports of entry once a certain number of illegal crossings has been reached.

While the exact details of the executive order are still unclear, the proposal would likely carve out several exceptions for unaccompanied minors and those who meet the requirements of the United Nations Convention Against Torture. A similar proposal was previously discussed in the U.S. Senate as part of a border deal earlier this month.

To further appease conservative voters, the Biden administration is also considering implementing policies that would make it harder for migrants to pass the initial screening of the asylum interview process. Under these proposals, the administration would elevate the “credible fear standard” of the asylum process, thereby narrowing the pool of applicants eligible to seek asylum. Those who cannot meet the elevated standard, would be swiftly deported.

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CBP No Longer Requires Proof of COVID-19 Vaccination for Air Passengers from Any Country starting today May 12, 2023 

The United States Customs and Border Protection (CBP) now joins the State Department and Department of Homeland Security in announcing the end of the COVID-19 vaccination requirement for international travelers starting today Friday, May 12, 2023.

Noncitizen nonimmigrant air passengers will no longer need to show proof of being fully vaccinated with an accepted COVID-19 vaccine to board a flight to the United States.

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In today’s blog post, we share some interesting Question and Answer responses recently provided by the Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in a meeting with the American Immigration Lawyers Association (AILA).

The responses below provide some important insight into current immigration policies and procedures taking place amid the ongoing COVID-19 pandemic.

Here, we summarize the most interesting questions covered during the January 20 meeting:

Department of State/AILA Liaison Committee Meeting

January 20, 2022 Q & A Highlights

Q: What role do Consular sections assume when determining whether an individual is exempt from the CDC COVID-19 vaccine requirement to gain entry to the U.S.?

A: Consular sections’ role in the process is to ensure that an individual’s request for a [vaccine] exception is filled out in full, and to transmit those requests to the CDC.

Q: If consular posts are involved in transmitting information in support of a humanitarian exception to CDC, what is the process, if any, for making such a request of a consular post outside the context of a visa interview?

A: Travelers should contact the consular section of the nearest embassy or consulate using the information provided on that embassies or consulate’s website

Q: What is the Department of State doing to alleviate the substantial backlogs created by the slowdown of operations at Consular posts and Embassies worldwide?

A: The Department is planning to hire foreign service officers above attrition in FY 2022. The majority will be assigned to a consular position after initial training. Additionally, the Department continues to recruit Limited Non-career Appointment (LNA) Consular Professionals. With very limited LNA hiring in FY 2020 and a pause on LNA hiring in FY 2021 due to CA’s budgetary constraints, Consular Affairs plans to hire more than 60 LNAs in FY 2022

Consular Affairs is working with State’s office of Global Talent Management to ramp up hiring in FY 2022, but many posts will not see these new officers until the second half of FY 2022 or FY 2023, particularly for officers assigned to positions requiring language training. Increased hiring will not have an immediate effect on reducing current visa wait times. Because local pandemic restrictions continue to impact a significant number of our overseas posts, extra staff alone is not sufficient to combat wait times for interviews.

Q: Can Consular Affairs please advise regarding efforts to resume routine consular services?

A: Consular sections abroad must exercise prudence given COVID’s continuing unpredictability. The emergence of the Omicron variant has prompted countries to reevaluate plans to relax travel bans, thereby leading consular sections abroad to recalibrate plans to resume services. Some posts have already fully resumed routine services. Others, in an abundance of caution and out of concern for the health of both consular staff and clientele, are slowly reintroducing some routine services.

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While the global Coronavirus pandemic rages on, the government is taking careful steps to manage the ongoing health crisis while also opening the country to fully vaccinated international travelers.

Last week, President Biden made the decision to rescind Presidential Proclamation 10315, an order that previously suspended and restricted the entry of foreign nationals, who were physically present within any of the following countries, during the 14-day period preceding their entry or attempted entry to the United States:

  • Republic of Botswana
  • Kingdom of Eswatini
  • Kingdom of Lesotho
  • Republic of Malawi
  • Republic of Mozambique
  • Republic of Namibia
  • Republic of South Africa, and
  • Republic of Zimbabwe

Accordingly, as of December 31, 2021, Proclamation 10315 has been officially rescinded.

Background

President Biden had previously issued Proclamation 10315 to guard against the rapid spread of the Omicron variant in the United States. Our readers may recall that on November 26, 2021, the World Health Organization (WHO) first reported the emergence of Omicron as a variant of concern. Thereafter, the Centers for Disease Control and Prevention (CDC) recommended that the government restrict the entry of foreign nationals from regions where the variant had been reported. The above countries were identified as regions where the variant was spreading, and the government swiftly issued the Proclamation temporarily barring such travelers from entering.

According to the Biden administration, the government has now learned more about the Omicron variant and has taken appropriate mitigation efforts to combat its spread. The CDC has recommended that the government lift the travel restrictions previously imposed by Order 10315, because scientists have determined that vaccination against COVID-19 provides adequate protection against the new variant.

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We kick off the start of a brand-new week with some breaking news. On Tuesday, December 2, 2021, the Centers for Disease Control and Prevention (CDC) updated its international travel guidance to require all air passengers, regardless of vaccination status, to show a negative COVID-19 test taken no more than 1 day before travel to the United States starting today, Monday, December 6, 2021.

The CDC has also published a new webpage that summarizes the international travel requirements and recommendations for U.S. Citizens, Lawful Permanent Residents, and Immigrants. Another webpage also provides information for non-U.S. Citizens, non-U.S. immigrants traveling by air to the United States.

International Air Travel Guidance for non-U.S. Citizens and non-U.S. immigrants

Starting today, Monday December 6, 2021, all air passengers, regardless of vaccination status, must show a negative COVID-19 test taken no more than 1 day before travel to the United States.

Additionally, non-U.S. citizens and non-U.S. immigrants (those who are not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa) must be fully vaccinated against COVID-19 to travel to the United States by plane. Only limited exceptions apply.

Travelers are required to show a negative COVID-19 test result or documentation of recovery from COVID-19 when traveling to the United States by air.

Wearing a mask over your nose and mouth are also required in indoor areas of public transportation (including airplanes) traveling into, within, or out of the United States and indoors in U.S. transportation hubs (including airports).

What if I am not fully vaccinated?

Non-citizens who are nonimmigrants and seeking to enter the United States by air are required to show proof of being fully vaccinated against COVID-19 before boarding a flight to the United States from a foreign country.

If you are not fully vaccinated against COVID-19, you will NOT be allowed to board a flight to the United States, unless you meet the limited criteria for an exception under the Proclamation and CDC’s Order.

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In this blog post, we share with you a roundup of new immigration updates for the week starting with some important reminders.

U.S. Welcomes International Air Travel from Fully Vaccinated Starting Monday November 8th

As we have reported on our blog, the Biden administration has issued a new Presidential Proclamation that rescinds the geographic COVID-19 related travel restrictions for fully vaccinated international air travelers to the United States. The new Proclamation will go into effect at 12:01 a.m. Eastern Standard Time on Monday, November 8, 2021. Travelers will need to be prepared to provide documentary evidence of full vaccination against COVID-19 (both doses are required for the Pfizer and Moderna vaccines) as well as proof of a negative COVID-19 test within 3 days of boarding. Certain narrow exceptions to the vaccine requirement have been made in the Presidential Proclamation, however it is important to note that even those who fall under an exception must become fully vaccinated against COVID-19 within 60 days of entry to the United States unless any of the following apply.

  • the noncitizen’s intended stay is sufficiently brief, as determined by the Director of the CDC;
  • the noncitizen is one for whom, given their age, requiring vaccination would be inappropriate, as determined by the Director of the CDC;
  • the noncitizen has participated or is participating in certain clinical trials for COVID-19 vaccination, as determined by the Director of the CDC;
  • COVID-19 vaccination is medically contraindicated for the noncitizen, as determined by the Director of the CDC;
  • the noncitizen is described in section 3(b)(i) or 3(b)(ii) of this proclamation and has previously received a COVID-19 vaccine that is authorized or approved by the noncitizen’s country of nationality, as determined by the Director of the CDC, in consultation with the Secretary of State; or
  • the Director of the CDC otherwise determines that COVID-19 vaccination is not warranted for the noncitizen.

To read the complete details regarding the Presidential Proclamation 10294 please click here.

U.S. will also open the land border to fully vaccinated non-essential travelers from Canada and Mexico starting November 8

In similar fashion, also on Monday, November 8, 2021, the United States will be opening its land border and ferry ports of entry to fully vaccinated nonessential travelers from Canada and Mexico. Travelers will be required to have appropriate paperwork that provides proof of vaccination. The entry of individuals who have not been fully vaccinated for COVID-19 will continue to be restricted for non-essential travelers.

For more information please click here.

Diversity Visa Lottery Registration for FY 2023 closes on Tuesday November 9th

As a reminder, registration for the Diversity Visa Lottery program for fiscal year 2023 will come to a close on Tuesday November 9, 2021, at noon Eastern Standard Time. Don’t lose your chance of being selected. Registration is easy and completely free. Winners of the diversity visa lottery program for fiscal year 2023 will be announced May 8, 2022 and can apply for their immigrant visas or adjust their status starting October 1, 2022.

For information on how to enter and eligibility please click here.

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Welcome back to Visalawyerblog! We have very exciting news regarding the Biden administration’s plans to rescind the Covid-19 related travel bans that have suspended and restricted entry into the United States, of immigrants and nonimmigrants, physically present within the Schengen Area, Brazil, China, India, the United Kingdom, Ireland, South Africa, and Iran since 2020.

On October 15, 2021, the White House announced that the United States will allow international travelers who are fully vaccinated against Covid-19 to enter the United States by land or air starting November 8, 2021.

This decision will lift the ban for vaccinated visitors from the affected regions.

On Friday October 15, 2021, a White House Official stated that the “CDC has already informed airlines that all FDA approved and authorized vaccines, as well as all vaccines that have an Emergency Use Listing (EUL) from the World Health Organization (WHO) will be accepted for air travel. We anticipate the same will be true at the land border. These travelers are required to be prepared to attest to vaccination status and to present proof of vaccination to a CBP officer upon request. By January, foreign nationals traveling across the land border for both essential and non-essential reasons will be required to be fully vaccinated.”

While the White House is still ironing out the complete details of the new policy including what exemptions the Biden administrations will grant to the vaccine requirements, we know that only generally applicants who are fully vaccinated against Covid-19 will be allowed to enter.

The CDC considers an individual to be fully vaccinated against COVID-19:

  • 2 weeks after their second dose in a 2-dose series, such as the Pfizer-BioNTech or Moderna vaccines, or
  • 2 weeks after a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine

COVID-19 vaccines currently approved or authorized for emergency use by the U.S. Food and Drug Administration include Pfizer-BioNTech, Moderna, and Johnson & Johnson COVID-19 vaccines, while COVID-19 vaccines authorized for use by the World Health Organization include AstraZeneca/Oxford, Covishield, Sinopharm, and Sinovac.

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We have very interesting and exciting news to report to our readers. We are happy to report that on Tuesday, October 5, 2021, a federal judge from the United States District Court for the District of Columbia, declared that the State Department cannot use the various geographic COVID-19 related Presidential Proclamations to cease the processing of visas at Embassies and Consulates worldwide.

As our readers will know, beginning in January of 2020, to protect against the rise of COVID-19 infections in the United States, the President issued a series of Presidential Proclamations that suspended and restricted entry into the United States, of immigrants and nonimmigrants, who were physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, and Iran, during the 14-day period preceding their entry or attempted entry into the United States.

These Presidential Proclamations did not have a termination date and have continued to be in force to the present day. The most widely discussed ban (the Schengen visa ban “Proclamation 9993,”) applied to immigrants and nonimmigrants from 26 European countries including: 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, and Switzerland. However separate visa bans have also impacted the entry of Brazilian nationals, Chinese nationals, Iranian nationals, and Indian nationals (see the list of COVID-19 travel bans listed below.)

Since the issuance of these travel bans, U.S. Consulates and Embassies worldwide have refused to issue any visas to those who do not otherwise qualify for an exemption and have been physically present in any of the affected regions during the 14-day period preceding their entry into the United States. The only way applicants have succeeded in pushing their cases forward has been by requesting a National Interest Exception from their respective Embassy.

The COVID-19 related travel bans are as follows:

  • China Visa Ban – Proclamation 9984 issued January 21, 2020 – No termination date
  • Iran Visa Ban –Proclamation 9992 issued February 29, 2020 –No termination date
  • European Schengen Area Visa Ban—Proclamation 9993 issued March 11, 2020—No termination date
  • Ireland and UK Visa Ban –Proclamation 9996 issued March 14, 2020 –No termination date
  • India Visa Ban –Proclamation 10199 issued April 30, 2021—No termination date
  • Brazil Visa Ban—Proclamation 10041 issued May 25, 2020 –No termination date

For a complete list of COVID-19 country-specific proclamations click here.

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the August 2021 Visa Bulletin and what you can expect for employment based and family preference categories during the month of August.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

If you would like to follow along on each month’s progress for the Visa Bulletin please be on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, a monthly series recently launched by the State Department where Charlie Oppenheim, Chief of the Immigrant Visa Control & Reporting Division of the U.S. Department Of State, answers your frequently asked questions regarding each month’s Visa Bulletin.

Adjustment of Status Filings for those lawfully residing in the United States

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts to determine when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website www.uscis.gov/visabulletininfo that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.

Adjustment of Status Filing Chart August 2021

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, in the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category only may file using the Final Action Dates chart in the Department of State Visa Bulletin for August 2021.

For all other family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2021.

For Employment-Based Preference Filings:

All applicants falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2021.

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Welcome back to Visalawyerblog! The Department of State recently released the visa bulletin for July 2021 outlining the availability of immigrant visa numbers for the upcoming month.

Remember to stay on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, a monthly series recently launched with the State Department and Charlie Oppenheim to discuss Visa Bulletin projections.

NOTE: Adjustment of Status Filing Charts July 2021

For Family-Sponsored Filings:

Per USCIS, applicants falling within the F2A category, may use the Final Action Dates Chart in the Department of State Visa Bulletin for July 2021. While there is a cutoff date on the Dates for Filing chart, the category is “current” on the Final Action Dates chart, allowing F2A applicants to rely on it.

All other family-sponsored preference categories (other than F2A) must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2021.

For Employment-Based Preference Filings:

All applicants falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for July 2021.

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