Presidential Executive Order Blocking the Entry of Ukraine “Bad Actors”
On February 21, 2022, President Biden signed an Executive Order to respond to President Putin’s action to purportedly recognize the so-called Donetsk and Luhansk People’s Republics (DNR and LNR) as “independent” states.
This Executive Order prohibits:
New investment in the so-called DNR or LNR regions of Ukraine by a United States person, wherever located;
The importation into the United States, directly or indirectly, of any goods, services, or technology from the so-called DNR or LNR regions of Ukraine;
The exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any goods, services, or technology to the so-called DNR or LNR regions of Ukraine;
And any approval, financing, facilitation, or guarantee by a United States person, wherever located, of a transaction by a foreign person where the transaction by that foreign person would be covered by these prohibitions if performed by a United States person or within the United States.
The Executive Order also provides authority to impose sanctions on persons determined:
To operate or have operated since the date of the order in the so-called DNR or LNR regions of Ukraine;
To be or have been since the date of the order a leader, official, senior executive officer, or member of the board of directors of an entity operating in the so-called DNR or LNR regions of Ukraine;
To be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order;
Or to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person whose property and interests in property are blocked pursuant to this order.
The Executive Order also states that the entry of individuals who fall under the above criteria as immigrants or nonimmigrants is suspended “…except where the Secretary of State or the Secretary of Homeland Security, as appropriate, so determines, based on a recommendation of the Attorney General, that the person’s entry would further important United States law enforcement objectives. (b) The Secretary of State shall implement this authority as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. (c) The Secretary of Homeland Security shall implement this order as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish. (d) Such persons shall be treated by this section in the same manner as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions).”
The Department of the Treasury is issuing six General Licenses to ensure that humanitarian and other related activity can continue in these regions:
The purpose of this E.O. is to deny Russia the chance to profit from its blatant violations of international law. These actions are not directed at the people of Ukraine or the Ukrainian government.
Treasury’s General Licenses are designed to support the innocent people who live in the so-called DNR and LNR regions who did not have a choice in Russia’s destabilizing and illegitimate actions today.
The licenses allow a short-term wind down of activities, as well as for the export to the regions of food, medicine and medical devices, and ensure personal remittances can continue to flow.
The licenses also allow telecommunications and internet services to remain operational, and mail services to continue.
The licenses allow international organizations to be able to provide aid to the people in these two regions.
U.S. Customs and Border Patrol to allow Certain Persons from Ukraine to Travel to the United States without a Pre-Departure Covid Test
On February 18, 2022, the Centers for Disease Control and Prevention (CDC) announced that, based on a request from the U.S. Department of State and consistent with the determination made by the Secretary of Homeland Security, it will exercise its enforcement discretion regarding certain aspects of its “Amended Order: Requirement for Proof of Negative COVID-19 Test Result or Recovery from COVID-19 for All Airline Passengers Arriving into the United States,” and its Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic,” effective immediately. This exercise of enforcement discretion is limited to the following groups of individuals, to the extent they were physically present in Ukraine as of February 10, 2022: U.S. citizens; lawful permanent residents; noncitizens in possession of a valid U.S. immigrant visa; as well as noncitizen nonimmigrants who are traveling with a U.S. citizen or lawful permanent resident and possess valid travel documents allowing them to travel to the United States (collectively, “covered persons”). This exercise of enforcement discretion will enter into effect immediately and expire on March 1, 2022, at 23:59 ET, subject to any further extensions.
Pursuant to this exercise of enforcement discretion, covered persons will not be required to provide proof of a negative COVID-19 test result prior to boarding a flight to the United States or to complete the attestation at Section 1 of the Combined Passenger Disclosure and Attestation to the United States of America form.
CDC requests that all air carriers cooperate in this exercise of enforcement discretion. Noncitizen nonimmigrants must continue to complete Section 2 of the Combined Passenger Disclosure and Attestation to the United States of America form attesting to either being fully vaccinated and providing proof of being fully vaccinated against COVID-19 or, if traveling pursuant to an exception, including a national interest exception, that they have made arrangements to receive a COVID-19 test within three to five days of arrival in the United States, to self-quarantine for seven days, to self-isolate in the event of a positive COVID-19 test or the development of COVID-19 symptoms, and to become fully vaccinated for COVID-19 within 60 days of arrival in the United States if intending to stay in the United States for more than 60 days.
Information from the U.S. State Department for U.S. Citizens in Ukraine
The U.S. Department of State recommends that U.S. citizens in Ukraine complete this online form so that the State Department can communicate with you. U.S. citizens seeking to depart Ukraine can also call 1-833-741-2777 (in the United States) or 1-606-260-4379 (from overseas) for immediate assistance.
Visit this page for our latest alerts and messages to U.S. citizens in Ukraine.
The State Department encourages U.S. citizens to enroll in the Department of State’s Smart Traveler Enrollment Program (STEP). STEP enrollment gives you the latest security updates and makes it easier for the U.S. Embassy to contact you in an emergency.
Comprehensive information for U.S. citizens in Ukraine is available on the State Department’s Ukraine country information page.
The State Department also encourages those traveling by land from Ukraine to cross at the border crossings listed below, if you need assistance from a U.S. consular officer:
Poland: Poland has indicated to the U.S. government that U.S. citizens may now enter Poland through the land border with Ukraine. No advanced approval is required. We encourage those traveling into Poland by land from Ukraine to cross at the Korczowa-Krakovets or Medyka-Shehyni border crossings. The U.S. embassy has consular officers stationed near these crossings to provide assistance. Please call +48 22 504 2784 or +48 22 504 2000 (Embassy Warsaw), or +48 12 424 5100 (Consulate General Krakow), or email ACSWarsaw@state.gov or KrakowACS@state.gov for further information. You may contact the Polish Border Guard by email at zdsc.kg@strazgraniczna.pl or by phone at +48 22 500 4068, +48 22 500 4568, or +48 22 500 5468. The Polish Border Guard’s website also provides relevant information (in Polish). The U.S. Embassy and Consulate in Poland’s website describes entry and exit requirements (located under the header “Entry and Exit Requirements”).
Romania: The State Department encourages those traveling into Romania by land from Ukraine to cross at the Siret border crossing. The U.S. embassy will soon have consular officers stationed near this crossing to provide assistance. Please call +40-41-270-6000 or email ACSBucharest@state.gov for further information. Vaccinated and unvaccinated U.S. citizens may enter Romania by land. The Romanian Border Police’s website also provides relevant information. The U.S. Embassy in Romania’s website describes entry and exit requirements (located under the header “Entry and Exit Requirements”).
Hungary: The State Department encourage those traveling into Hungary by land from Ukraine to cross at the Záhony border crossing. The U.S. embassy will have staff stationed near this crossing to provide assistance. Please contact +36-1-475-4400 by phone or ACS.Budapest@state.gov by email for further information. U.S. citizens do not need a visa to enter Hungary, but should be prepared to show proof of vaccination, a negative COVID-19 test, or proof of recovery from COVID-19. Please contact +36-1-475-4400 by phone or ACS.Budapest@state.gov by email for further information. Hungarian Police’s website provides relevant information. The U.S. Embassy in Hungary’s website describes entry and exit requirements (located under the header “Entry and Exit Requirement”).
Slovakia: A list of open border crossings is available on the U.S. Embassy in Bratislava’s website. The U.S. embassy can provide consular assistance to U.S. citizens who cross into Slovakia from Ukraine. Please call +421-2-5443-0861 or +421-903-703-666 by phone or email consulbratislava@state.gov for further information. All borders in Slovakia are open to vaccinated travelers, and unvaccinated travelers will be allowed entry in a humanitarian emergency, but may need to undergo testing and quarantine. The U.S. Embassy in Slovakia’s website describes entry and exit requirements (located under the header “Entry and Exit Requirements”) in more detail.
Moldova: U.S. citizens traveling into Moldova by land from Ukraine should avoid the Transnistria region and cross into Moldova either to the north or south of the region. The main Moldova-Ukraine border crossing south of Transnistria is Palanca – Mayaki Udobnoe. The main border crossing north of Transnistria is Otaci – Mohyliv-Podilskyi. U.S. Embassy personnel will be stationed near border crossings to provide assistance. Please contact +373-2240-8300 by phone or ChisinauACS@state.gov by email for further information. Travelers should not enter Moldova through the breakaway region of Transnistria, where the U.S. Embassy has limited access and cannot provide the full range of assistance to U.S. citizens. Travelers should note the Chisinau-Odesa train goes through Transnistria as well. More information on Transnistria can be found here.
U.S. citizens can enter Moldova, whether vaccinated or unvaccinated, though travel restrictions in-country will vary depending on vaccination status. The Moldovan Border Police’s website provides relevant information (in Romanian). The U.S. Embassy in Moldova’s COVID-19 website describes entry and exit requirements in full under the header “Entry and Exit Requirements.”
The European Union: The European Union maintains a website with all travel restrictions for member states.
State of Emergency in Ukraine
On February 23, the government of Ukraine declared a state of emergency. The decree went into force at midnight on February 24 for 30 days. Each oblast will decide on the measures to be implemented according to local requirements. Measures could include curfews, restrictions on the freedom of movement, ID verification, increased security inspections; and other measures.
On February 24, 2022, the Government of Ukraine closed its airspace to all commercial flights due to Russian military actions. U.S. citizens should not travel to Ukraine, and those in Ukraine should depart immediately using commercial or other privately available ground transportation options. The Department previously ordered the departure of most U.S. direct hire employees from Embassy Kyiv on February 12, 2022.
Actions to Take:
Visit the U.S. Embassy in Kyiv’s webpage to view the most recent safety and security alerts for U.S. citizens.
Regularly monitor local and international news and social media news channels.
Ensure travel documents are valid and easily accessible.
Review your personal security plans and always have a contingency plan in place that does not rely on U.S. government assistance.
Get a COVID vaccine to facilitate your travel.
Enroll in the Department of State’s Smart Traveler Enrollment Program (STEP). STEP enrollment gives you the latest security updates and makes it easier for the U.S. Embassy to contact you in an emergency.
Regularly monitor the State Department’s website for current Travel Advisories. Read the Country Specific Information for Ukraine. For additional information, refer to the “Traveler’s Checklist” on the State Department’s website.
Please see information on What the Department of State Can and Can’t Do in a Crisis.
For Assistance:
Complete the Department of State’s online assistance form https://cacms.state.gov/s/crisis-intake
Call +1 606 260 4379 outside the U.S.
Call +1 833 741 2777 from the U.S. Email KyivACS@state.gov
Applicants for U.S. nonimmigrant visas may apply in any country in which they are physically present and where there are appointments available. As each U.S. Embassy has specific application procedures, you should contact the U.S. Embassy or Consulate where you wish to apply directly. Contact information for U.S. Embassies and Consulates is available at www.travel.state.gov.
If you have an immigrant visa case currently pending with U.S. Embassy Kyiv and would like to transfer processing of an immigration case to another U.S. Embassy, you must contact the receiving U.S Embassy in that country to authorize and initiate transfer. The Embassy will have a list of requirements which must be satisfied in order to begin the transfer process.
VISA BULLETIN
Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
For February 2022, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485]. USCIS has also indicated that it will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized.
In February, the EB-1 preference category on the Final Action Chart for all countries including China and India will be “current.” This means the I-485 applications may be filed immediately with the Form I-140. Also, any otherwise qualified national of China or India with an approved EB-1 I-140 may file the I-485 in February.
The EB-2 preference category remains “current” for all countries other than China and India, which means that individuals in these categories may immediately file I-485 applications. China and India remain backlogged on both the Final Action and Dates for Filing Charts.
The EB-3 preference category is also “current” for all countries other than China and India, whose final action dates have remained the same since January 2021. In January, the final action dates for EB-3 preference cases for Chinese and Indian nationals was March 22, 2018, and January 15, 2012, respectively. The final action dates remain the same in February.
The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.
If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
IDC News
Immigration Presentations
Attorneys from Iandoli, Desai & Cronin, P.C. have recently offered complimentary virtual presentations on employment-based immigration topics such as work visas, I-9 compliance and recent changes in immigration laws, regulations, and procedures to the Worcester Chamber of Commerce’s “HR Roundtable”, the Massachusetts LGBT Chamber of Commerce and the Boston Society of Architects. Please feel free to contact our office at info@iandoli.com if you know of any organization which might benefit from such a complimentary presentation.
We are hiring!
Immigration Paralegal, Boston, MA – Iandoli Desai & Cronin P.C., located in the historic Charlestown Navy Yard, seeks a business immigration paralegal for a full-time, 40 hours/week position. We are dynamic eight attorney immigration law firm serving professionals, businesses, and academic institutions. Our clients are leaders in medicine, engineering, biotechnology, and academia. Our paralegals primarily:
Assist attorneys in the preparation and filing of employment-based immigrant (EB-1, EB-2, and EB-3) and nonimmigrant (H-1B, E-3, TN, L-1A, L-1B, O-1, E-1/E-2) petitions and supporting documentation;
Assemble petitions and application packages for attorney review;
Communicate with individual clients, HR representatives and government agencies;
Help our firm’s clients gather necessary information/documents for filings;
Use specialized Case Management software to monitor deadlines and expirations and draft petitions and applications;
Draft support letters and other documents;
Track client communications and government correspondence; and,
Additional administrative duties may include: answering phones, scheduling appointments, generating invoices, filing, and other ad hoc tasks
Requirements:
Must have a bachelor’s degree and preferably at least two years of previous business immigration work experience.
Excellent writing, computer, interpersonal, organizational, and time management skills due to the time-sensitive nature of many of our firm’s filings.
A commitment to customer/client service is essential.
Knowledge of a foreign language is helpful but not required.
No JDs, LLBs, LLMs, or current/matriculating law students please.
Please email résumé and cover letter to careers@iandoli.com with “immigration paralegal” in the subject line. No phone calls please. Absolutely no recruiters. Only those candidates selected for an interview will be contacted.
February Visa Bulletin
Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
For February 2022, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485]. USCIS has also indicated that it will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized.
In February, the EB-1 preference category on the Final Action Chart for all countries including China and India will be “current.” This means the I-485 applications may be filed immediately with the Form I-140. Also, any otherwise qualified national of China or India with an approved EB-1 I-140 may file the I-485 in February.
The EB-2 preference category remains “current” for all countries other than China and India, which means that individuals in these categories may immediately file I-485 applications. China and India remain backlogged on both the Final Action and Dates for Filing Charts.
The EB-3 preference category is also “current” for all countries other than China and India, whose final action dates have remained the same since January 2021. In January, the final action dates for EB-3 preference cases for Chinese and Indian nationals was March 22, 2018, and January 15, 2012, respectively. The final action dates remain the same in February.
The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.
If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
Proposed Settlement for Plaintiffs Entrapped at ICE’s Fake N.J. University in 2016.
On January 28, 2022, the U.S. District Court for the District of New Jersey granted preliminary approval to a settlement agreement in a class-action lawsuit filed by a group of students who had enrolled at the University of Northern New Jersey, a fake university with no classes or professors that was set up as a sting operation for Immigration and Customs Enforcement (ICE) to investigate student fraud. The proposed settlement agreement would settle a class-action lawsuit filed by foreign nationals who claimed that they unknowingly enrolled at the fake university. Under the agreement, the government would reverse various adverse immigration actions it took against foreign nationals who enrolled at the fake university and would not use their enrollment against them in evaluating applications for immigration benefits in the future. Enrollment at the nonexistent UNNJ would not in itself be “sufficient grounds” for inadmissibility to the U.S. or deportation without other evidence of wrongdoing.
Department of Homeland Security to Reestablish the Homeland Security Academic Advisory Council
On January 12, 2022, the Department of Homeland Security (DHS) published a notice in the Federal Register to reestablish the Homeland Security Academic Advisory Council (HSAAC), a discretionary federal advisory committee. The primary purpose of the HSAAC will be to provide advice and recommendations to the Secretary and DHS senior leadership on matters related to homeland security and the academic community.
The HSAAC will provide recommendations to the Secretary of DHS on key issues across the homeland security enterprise as they relate to educational settings, institutions, and academic activity. These may include, but are not limited to:
Student, faculty, school and campus-related safety;
Emergency management and preparedness;
Community resiliency;
Anti-hate initiatives, addressing gun violence, targeted violence and terrorism;
Misinformation, disinformation, and cyber-bullying;
Engaging and integrating immigrant (resettlement) communities and new Americans as they intersect with academia;
International students and visa processing;
Collegiate cybersecurity initiatives;
Foreign influence and interference in our academic institutions;
Diversity, equity, and inclusion in educational settings; and
developing applicant pipelines to support a 21st century DHS workforce.
Department of State (DOS) Provides Opportunity for Academic Training Extensions for J-1 Students in STEM Fields
On January 21, 2022, the Directorate of Private Sector Exchange (Private Sector) announced an initiative for College and University Student-category exchange visitors participating in academic training in the fields of science, technology, engineering, and mathematics (STEM). This initiative comes in response to the Departments of State and Education joint statement of Principles in Support of International Education. Eligible exchange visitors must be undergraduate and pre-doctoral degree-seeking J-1 College and University students who are pursuing or recently completed STEM-related studies. The maximum total length of their academic training is capped at 36 months (including a single extension); non-degree seeking students are not eligible to apply. The initiative will run for the next two academic years (2021-2022 and 2022-2023) for exchange students who meet the academic training requirements. Sponsors seeking academic training extensions up to 36 months pursuant to this initiative must secure prior written approval by submitting extension requests through the Private Sector’s Office of Designation via AGexchanges@state.gov.