DHS Extends US/Canada/Mexico Travel Restrictions One More Month

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On June 20, 2021, the Department of Homeland Security (DHS) announced that it would be extending pandemic related  travel restrictions on non-essential travel at land and ferry crossings with Canada and Mexico through 11:59 PM EST on July 21, 2021, “…while ensuring access for essential trade & travel”.

This continues the travel restrictions that went into place on March 21, 2020, when the U.S., Mexico, and Canada temporarily restricted non-essential travel across the US-Canada land borders. “Essential travel” includes cross-border activities with Canada and Mexico that support health security, trade, commerce, supply security, and other essential activities.

COVID-19 Travel Restrictions and Exceptions as of June 24, 2021

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The State Department has continued to announce updates to the current travel restrictions and any exceptions to these restrictions. There are four presidential proclamations that suspend entry into the United States of all noncitizens who were physically present in any of 33 countries listed here during the 14-day period preceding their entry or attempted entry into the United States.  They are Presidential Proclamation 9984 (China); Presidential Proclamation 9992 (Iran);  Presidential Proclamation 10143 (Schengen Area, United Kingdom, Ireland, Brazil, and South Africa); and Presidential Proclamation 10199 (India).

The Proclamations do not apply to:

  • U.S. citizens;

  • lawful permanent residents;

  • spouses and minor children of U.S. citizens or lawful permanent residents;

  • parents or legal guardians of a U.S. citizen or lawful permanent resident unmarried minor child;

  • siblings of a U.S. citizen or lawful permanent resident child, provided both are unmarried and under the age of 21;

  • air and sea crewmembers;

  • U.S. noncitizen nationals (not applicable to Proclamations 9984 (China) and 9992(Iran));

  • diplomats;

  • any noncitizen who is a member of the U.S. Armed Forces and any noncitizen who is a spouse or child of a member of the U.S. Armed Forces;

  • certain U.S. Government invitees for the purpose of the containment or mitigation of COVID-19; and;

  • certain travelers whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

The Secretary of State has determined that the entry of the following travelers is in the national interest for purposes of exceptions to all four proclamations. The Secretary may revise these national interest determinations as circumstances warrant.

These three categories of travelers are automatically considered for National Interest Exception (NIE) at the Port of Entry and do not require advance approval of a NIE from an embassy or consulate:

  • immigrants of all categories (not applicable to Proclamation 10199, which only covers nonimmigrant travel);

  • fiancé(e)s of U.S. citizens and their dependents (K visas);

  • Students (F and M visas) as described here;

  • New or returning students present in China, Brazil, Iran, South Africa, or India may arrive no earlier than 30 days before the start of an academic program beginning August 1, 2021 or after, including optional practical training (OPT);

The following categories of travelers may apply for a National Interest Exception (NIE) if subject to one or more of the four proclamations. Travelers who believe their travel is within one of the below categories should consult the website of the nearest embassy or consulate for instructions on applying for an NIE.

  • certain exchange visitors as detailed within this article;

  • exchange students and academics (certain J visas to include those in the professor, research scholar, short-term scholar, or specialist categories);

  • new or returning students and academics present in China, Brazil, Iran, South Africa, or India may arrive no earlier than 30 days before the start of an academic program beginning August 1, 2021 or after;

  • Educational Commission for Foreign Medical Graduates (ECFMG) J visa program participants;

  • journalists (I visas);

  • travelers providing executive direction or vital support for critical infrastructure sectors, or directly linked supply chains, as outlined at https://www.cisa.gov/critical-infrastructure-sectors;

  • travelers providing vital support or executive direction for significant economic activity in the United States

  • pilots and aircrew traveling for training or aircraft pickup, delivery, or maintenance;

  • those whose purpose of travel falls within one of these categories:

    • lifesaving medical treatment for the principal applicant and accompanying close family members

    • public health for those travelling to alleviate the effects of the COVID-19 pandemic, or to continue ongoing research in an area with substantial public health benefit (e.g., cancer or communicable disease research)

    • humanitarian travel, to include those providing care for a U.S. citizen, lawful permanent resident, or other nonimmigrant-in-lawful-status close family member

    • medical escorts, legal guardians, or other escorts required by an airline or legally required by a foreign medical or law enforcement entity accompanying a U.S. citizen being repatriated to the United States;

    • national security; and

    • derivative family members accompanying or following to join a noncitizen who has been granted or would be reasonably expected to receive a National Interest Exception (NIE), or is not otherwise subject to the Proclamations and who is engaging in certain types of long-term employment, studies, or research lasting four weeks or more.

  • Temporary workers present in South Africa whose travel is essential to food supply chain (H-2A and certain H-2B visas) are excepted travelers as described in this article.

Travelers present in these 33 countries who believe they have an urgent need for travel to the United States that does not fall under any of the categories described above should consult the website of the nearest embassy or consulate for instructions on applying for an individual NIE.
If the embassy or consulate supports the granting of an individual NIE in a particular case, they will forward their recommendation to the Department of State for consideration.

USCIS Extends Flexibility for Responding to Agency Requests

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In response to the ongoing coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services (USCIS) has announced it is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:

  • Requests for Evidence;

  • Continuations to Request Evidence (N-14);

  • Notices of Intent to Deny;

  • Notices of Intent to Revoke;

  • Notices of Intent to Rescind;

  • Notices of Intent to Terminate regional centers; and

  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

  • The form was filed up to 60 calendar days from the issuance of a USCIS decision; and

  • USCIS made that decision anytime from March 1, 2020, through June 30, 2021.  

Notice/Request/Decision Issuance Date: This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020, and June 30, 2021, inclusive of those dates. 

Response Due Date: USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, USCIS will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before they take any action.

USCIS Announces Lockbox Filing Flexibilities

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U.S. Citizenship and Immigration Services (USCIS) has announced that it will continue to offer filing flexibilities to provide relief to certain applicants and petitioners impacted by delays at a USCIS lockbox. These flexibilities only apply to benefit requests submitted to a USCIS lockbox and not to USCIS service centers or field offices. The following temporary flexibilities are effective for 60 days from June 10 until Aug. 9, 2021:

If you submitted a benefit request to a USCIS lockbox between October 1, 2020, and April 1, 2021, and that request was rejected during that timeframe solely due to a filing fee payment that expired while the benefit request was awaiting processing, you may resubmit the request with a new fee payment. If USCIS concurs that it has rejected the benefit request because of the delay, USCIS will deem the request to have been received on the initial filing date it was first received and waive the $30 dishonored check fee.

USCIS will allow applicants and petitioners to submit documentation with a benefit request resubmission demonstrating that because of the time that elapsed between when a benefit request was originally submitted to a USCIS lockbox and when USCIS rejected it, an applicant, co-applicant, beneficiary or derivative has reached an age that makes them no longer eligible to file for the benefit requested. If USCIS agrees that the delayed rejection caused the person to be ineligible due to age, USCIS will accept the request and deem it to have been received on the date the initial benefit request was received. This flexibility does not apply to Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.

Applicants and petitioners can contact USCIS to verify previously filed benefit requests have not been rejected in error. If USCIS agrees, applicants and petitioners may be allowed to resubmit an erroneously rejected benefit request and USCIS will deem the benefit request to have been received on the date the initial benefit request was first received at a USCIS lockbox.

Eoin Reilly Retirement Announcement

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After over 30+ years with Iandoli Desai and Cronin P.C., having contributed an enormous amount to the firm’s growth and success during that time, our good friend and colleague, Eoin Reilly, will be retiring on June 18th. We’ll miss him greatly, but we’re excited for him as he embarks on this next chapter. While Eoin will retire from active practice with our firm, he plans to keep his legal skills sharp through regular pro bono work with the Rian Immigrant Center in the years to come. Eoin is also looking forward to dedicating time to traveling abroad, visiting with family and friends, studying things like film and art history, cooking, and achieving his lifelong goal of having a beer belly (such a good place to rest a beverage!). Please join us in raising a pint to thank Eoin for his untold hours of hard work, his compassion and kindness, and his wonderful sense of humor. Here’s to many good retirement memories yet to be made!

DHS Secretary Announces New 18-month TPS Designation for Haiti

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After many months of uncertainty and four separate lawsuits challenging the Trump administration’s efforts to eliminate the previous designation of Haitian TPS, we are very happy to share that DHS Secretary Mayorkas has announced a new 18-month designation of TPS for individuals from Haiti.  

This designation will allow Haitian nationals who are currently residing in the U.S. as of May 21, 2021, to file initial applications for TPS as long as they meet the eligibility requirements. We are still awaiting the publication of the Federal Register notice which will contain the duration dates, eligibility requirements, and application instructions. 

With respect to the previous designation of Haitian TPS, court injunctions and other court rulings have allowed it to remain in effect, however, we are still awaiting the outcome of those lawsuits. Existing TPS beneficiaries retain their TPS and employment authorization through October 4, 2021. DHS will continue to extend the benefits and documents as required to comply with court orders. These beneficiaries may also apply for the new designation of Haitian TPS so as to benefit from the new 18-month designation. 

For more information, please see the USCIS webpage dedicated to Haitian TPS: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti. If you have additional questions about applying for TPS, please contact Iandoli, Desai, and Cronin P.C.  (info@iandoli.com) to schedule a consultation.  

Federal Register Notice Published Designating Burma/Myanmar for Temporary Protected Status

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The notice designating Burma/Myanmar for Temporary Protected Status (TPS) was published in the federal register. This notice designates Burma/Myanmar for TPS for 18 months, from May 25, 2021, to November 25, 2022. This designation allows eligible nationals from Burma/Myanmar who have continuously resided in the U.S. since March 11, 2021, and who have been continuously physically present in the U.S. since May 25, 2021, to apply for TPS. This will provide protection from deportation along with the opportunity to apply for work authorization during those 18 months. For those individuals who were or are also in F-1 status, there has been a suspension of certain regulations related to limitations on the number of hours students from Burma/Myanmar may work during this same time period. (Please see previous update regarding the suspension of certain requirements for F-1 students from Burma/Myanmar.)

For more information, please see the USCIS webpage dedicated to Burmese TPS: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-burma-myanmar. If you have additional questions about applying for TPS, please contact Iandoli, Desai, and Cronin P.C. (info@iandoli.com) to schedule a consultation.

Suspension of Requirements Governing Employment for F-1 Students from Burma/Myanmar

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Due to the humanitarian crisis in Burma/Myanmar, the Secretary of Homeland Security has suspended certain regulatory requirements for F-1 nonimmigrant students from Burma/Myanmar who are experiencing severe economic hardship. These students may request work authorization, work additional hours while school is in session, and reduce their course load. This change in policy became effective on May 25, 2021, and will remain in effect until November 25, 2022, which coincides with the period of time for which Burma/Myanmar has been designated for Temporary Protected Status (TPS) (see update on TPS). Please see this notice from DHS for more information: https://studyinthestates.dhs.gov/2021/05/dhs-issues-special-student-relief-for-f-1-international-students-from-burma.

National Interest Exception for F, M, and certain J visa holders for the coming school year

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As noted in a previous segment of our newsletter, on May 27, 2021, the US Department of State announced a new national interest determination made by the Secretary of State. Students and certain academics subject to Presidential Proclamations 9984, 9992, and 10143 (related to the spread of COVID-19) who have been present in China, Iran, Brazil, South Africa, or India, may now qualify for a National Interest Exception (“NIE”). They will only for an NIE if their academic program begins August 1, 2021 or later. Derivative family members accompanying a noncitizen who has been granted or would be reasonably expected to receive an NIE, and who is engaging in certain types of long-term employment, studies, or research lasting four weeks or more, also qualify for an exception. 

Students with valid F-1 and M-1 visas who plan to begin or continue an academic program, including optional practical training (“OPT”), starting August 1, 2021 or later do not need to contact an embassy or consulate to travel. They may enter the United States no earlier than 30 days before the start of their academic program. Students seeking to apply for new F-1 or M-1 visas should check the status of visa services at the nearest embassy or consulate; those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for an NIE to travel. 

(Link to DOS announcement: https://travel.state.gov/content/travel/en/News/visas-news/national-interest-exceptions-for-certain-travelers-from-china-Iran-india-brazil-south-africa-schengen-area-united-kingdom-and-ireland.html)