Seyfarth Synopsis: The U.S. announced on April 30, 2021 that most travel from India will be restricted effective May 4, 2021, due to rising COVID-19 infections in India.
On April 30, 2021, White House Press Secretary Jen Psaki announced that following advice from the Centers for Disease Control and Prevention
Continue Reading United States Announces Forthcoming Expansion of Travel Restrictions to Include India
“America is back, the trans-Atlantic alliance is back.” – So declared President Biden on February 23, 2021. Apparently, however, Antony J. Blinken, the newly installed U.S. Secretary of State (DOS), didn’t get the memo. On March 2, 2021, he “rescinded the previous national interest determination regarding categories of travelers eligible for exceptions under Presidential Proclamation (PP) 10143 [relating] to the Schengen Area, United Kingdom, and Ireland.” As DOS’s announcement of the rescission noted, PP 10143, issued on January 25, 2021, restricted the issuance of visas and U.S. entry to “certain technical experts and specialists, senior-level managers and executives, treaty-traders and investors, professional athletes, and their dependents.”
NIEs for travelers from these Trans-Atlantic countries had been granted (at times with relative ease at some U.S. embassies and consular posts) based on previous State Department guidance. Under the prior guidance, executives, managers and specialists in the E-1 and E-2 (treaty traders and investors), H-1B (specialty occupation workers) and L-1 (intracompany transferees) visa categories, whose visit could be shown as likely to confer “substantial economic benefit” on the U.S., would often be approved. (For background, see this blog post (“Pursuing a National Interest Exception to the Presidential Entry Bans on Economic Grounds — Not A Fool’s Errand,” and slide deck, “Getting Your Key Employees Back to the U.S. under the National Interest Exceptions” to Presidential Proclamations ~ A Conversation about Eligibility and Process.”)
Continue Reading Why? Oh My! State Department Makes It Harder for Travelers from the Schengen Area, UK, and Ireland to Receive National Interest Exceptions (NIEs) under Pandemic-Based Visa and Entry Bans
By Angelo A. Paparelli and Dawn Lurie
Globe-hoppers of the world, too long cabined and constrained by the pandemic, are exhilarated at the prospect of imminent foreign travel. Many have received the vaccine and are poised to fly far away for business or pleasure. The vaccinated among us, however, should not buy that airline ticket just yet – unless you know before you go how you will be treated at your foreign destination upon arrival, and upon departure.
Entry and Exit
Increasingly, as multiple variants of COVID-19 are identified, national governments worldwide have tightened entry protocols, and some have imposed exit restrictions. France, for example, has announced new requirements when departing the country. See “[What is:] Can I leave France?” – a Jeopardy-style question whose answer is: “You can only travel from France to a country outside the European space if you have pressing grounds for travel, or if you are travelling to your country of origin or residence.”
Continue Reading Hey, Immigration Lawyer: Get Me a Coronavirus Passport
By Tieranny L. Cutler and Jason E. Burritt
Seyfarth Synopsis: The President’s order, which reinstates and expands travel restrictions imposed by the prior administration, will continue to have a significant impact on international travel for foreign nationals, as well as impact the transfer of global talent by U.S. corporations from
Continue Reading Previous Travel Restrictions Reinstated and Expanded As a Result of COVID-19
By: Jake Campbell and Gabriel Mozes
Seyfarth Synopsis: Effective January 26, 2021, all international passengers (with minor exceptions) traveling by air must provide a negative COVID-19 viral test to enter the U.S. Alternatively, passengers may provide results proving recovery from COVID-19 with a doctor or physician authorizing international travel.
I. Negative COVID-19 Test Requirement
The U.S. Centers for Disease Control and Prevention (“CDC”) order requires that all internationally arriving U.S. air passengers (ages 2 and above), including U.S. citizens and permanent residents, provide a negative COVID-19 test that was administered within three days of travel.
Continue Reading U.S. Requires Negative COVID-19 Tests for International Air Passengers
Seyfarth Synopsis: President Trump issued a new entry ban directly affecting foreign nationals in H-1B, H-2B, J-1 and L-1 status. Below is a list of 20 questions and answers that have surfaced in the first 24 hours since the proclamation was published.
1. When does the entry ban take effect and for how long?
The entry ban portion of the proclamation takes effect at 12:01 a.m. Eastern Standard Time on June 24, 2020. The proclamation also extends a previous order that banned certain immigrant visas (i.e., green cards) from being issued by the U.S. Department of State. Both provisions will last until at least December 31, 2020.
Continue Reading FAQ – New Proclamation Suspending Entry of H-1B, L-1, J-1, and H-2B Nonimmigrants
Seyfarth Synopsis: Following a late-night tweet from the President on suspending immigration into the U.S., we have learned today that the President’s executive order (“EO”) on immigration will be limited in scope. The EO is expected to pause the issuance of immigrant visas for those seeking lawful permanent residence (Green Card) status through consular processing at posts outside of the U.S. The EO is limited in scope and should not have a significant impact on the transfer of global talent. This is true, especially because existing travel restrictions and consulate closures abroad have already brought these Immigrant Visa processes to a near halt.
Following his Monday night Tweet regarding an executive order temporarily suspending immigration into the United States, President Trump announced during his evening COVID-19 briefing on Tuesday, April 21, 2020, that this order will pause the issuance of Immigrant Visas for 60 days. Preliminary information indicates the moratorium will only affect individuals applying for immigrant visas abroad. Those present, in the U.S., seeking to adjust to Lawful Permanent Resident (LPR or “green card”) status by filing for an I-485 adjustment of status application with the U.S. Citizenship and Immigration Service will be able to continue the process.
Continue Reading Executive Order on Temporary Suspension of Immigrant Visas Announced
Please note, while we address some country-specific updates related to the COVID-19 outbreak, the below is a list of global restrictions and closures as they stand today. Given the constantly changing nature of this situation, we highly recommend reviewing any global mobility inquiries on a case-by-case basis, including any consulate-specific or immigration authority resources in real-time before traveling internationally. Please reach out to our Global Mobility Team in advance of any international travel.
Continue Reading Seyfarth Global Immigration Update: April 2020