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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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Happy Monday! Welcome back to Visalawyerblog. We start the week with the highly anticipated White House release of “Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic,” which rescinds the various COVID-19 related geographic travel bans previously in place for travelers from certain geographic regions with high rates of COVID-19, for those who have been fully vaccinated for Coronavirus at 12:01 a.m. eastern standard time on November 8, 2021. The Proclamation also carves out numerous exceptions for those found “exempt” from the vaccination requirement.

Highlights of the New Proclamation

President Biden has released this new proclamation and moved away from the country-by-country restrictions that previously applied during the pandemic in favor of an air travel policy that relies on vaccination to advance the safe resumption of international air travel to the United States.

Who does this new Proclamation apply to?

The new proclamation applies to the entry into the United States of all noncitizen nonimmigrants (noncitizens who are visiting the United States or otherwise being admitted temporarily) traveling to the United States by air.

The proclamation suspends the entry of unvaccinated noncitizen nonimmigrants, except in limited circumstances, –the exemptions to the vaccine requirement– and it ensures that the entry of unvaccinated noncitizen nonimmigrants is consistent with applicable health and safety determinations made by the Director of the CDC, including a requirement that, where appropriate, such individuals agree and arrange to become fully vaccinated against COVID-19 upon their arrival.

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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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President Biden has been hard at work during his first days in office, releasing a flurry of Proclamations and Executive Actions on immigration, that reverse many of the controversial policies passed by former President Donald Trump.

Due to the volume of Proclamations being signed, our office will break down each of these actions on immigration during the next few weeks, and provide you with detailed information on what each Proclamation means and how you may benefit.

We encourage our readers to bookmark this page and follow our social media platforms as the Biden administration gears up to release even more executive actions on immigration in the coming days.

What is the Biden Proclamation all about?

On January 20, 2021, President Biden signed a number of orders including, “Proclamation on Ending Discriminatory Bans on Entry to the United States.” This Proclamation immediately revokes the four presidential actions taken by the previous administration, which banned individuals from predominantly Muslim and African countries from entering the United States.

The presidential actions being revoked are as follows:

*A brief overview of each action is discussed further below

(1) Executive Order 13780 “Protecting the Nation From Foreign Terrorist Entry Into the United States” 

(2) Proclamations 9645 “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats”

(3) Proclamation 9723 “Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” and

(4) Proclamation 9983 “Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats”

What do you need to know about Biden’s Proclamation?

Biden’s decision to revoke these actions by his predecessor means that all Embassies and Consulates must immediately resume visa processing for nationals affected including Syria, Iran, Libya, Somalia, Sudan, and Yemen, Chad, Venezuela, North Korea, Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania.

Of course Embassies and Consulates are still conducting a phased reopening of routine visa services and are operating on a limited post by post basis. However, this is a step in the right direction because it means that Embassies and Consulates can no longer refuse to issue visas because these Proclamations are no longer in force.

Most importantly, President Biden has directed the Department of State to develop a system by which previous applicants who were being considered for a waiver of the restrictions can expedite their pending visa applications.

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In this blog post we share with our readers several new developments in immigration relating to COVID-19.

At a Glance: What’s in This Blog?

  • DOS Announces One-Month Extension for Immigrant Visa Medical Examinations
  • Phased Resumption of Routine Visa Services
  • DOS Releases SEVP Online Course Guidance for F and M Students for Fall 2020
  • When will the Presidential Proclamation Suspending Entry for the Schengen Countries be Lifted?
  • Are there any National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland?
  • Are there any National Interest Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market?

DOS Announces One-Month Extension for Immigrant Visa Medical Examinations

We are pleased to report that on July 24, 2020, the Department of State issued an important announcement confirming that the Centers for Disease Control and Prevention (CDC) have approved a one-month extension for medical examinations conducted between January 1, 2020 and June 30, 2020. As many of you know, medical examinations for immigrant visa applicants are valid for a maximum of six months.

The Department of State has advised applicants (1) who were unable to travel on an issued visa, or (2) who obtained a medical examination but did not receive a visa, to contact the Immigrant Visa Unit of the U.S. Embassy or Consulate that issued or is adjudicating your visa application to determine whether you may be issued or reissued a visa for one additional month. Applicants who are unable to travel within one additional month, should consider waiting until they are able to travel to obtain a new, full validity medical examination and visa.

Phased Resumption of Routine Visa Services

In March 2020 the Department of State suspended routine visa services worldwide in response to the Coronavirus pandemic. On July 14, 2020 the Department of State released information on its webpage notifying the public that resumption of routine visa services will occur on a post-by post basis, in coordination with the Department’s Diplomacy Strong framework to safely return personnel to Department facilities. With that being said, the Department of State cannot provide a specific date for when each Consular post will return to processing at pre-Covid workload levels. Applicants are advised to monitor each individual U.S. Embassy or Consulate’s website for information regarding operating status, and updates on which services they are currently offering.

As always, U.S. Embassies and Consulates will continue to provide emergency and critical visa services.

The DOS has also stated that MRV fees are valid and may be used to schedule a visa appointment in the country where it was purchased within one year of the date of payment.

  • For more information about this announcement and FAQs please click here.
  • For a list of Embassies and Consular webpages click here.

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On January 23, 2020, the United States Citizenship and Immigration Services (USCIS) formally announced by way of a notice published in the Federal Register that nationals of Iran and their dependents are no longer eligible to change or extend their stay in E-1 or E-2 nonimmigrant status due to the termination of the 1995 Treaty of Economic Relations (also known as the Treaty of Amity) between the United States and Iran.

Under current immigration law, “the existence of a qualifying treaty or authorizing legislation is . . . a threshold requirement for issuing an E visa.” Therefore, the termination of the Treaty of Amity between the United States and Iran no longer provides a basis for Iranian nationals to qualify for the E nonimmigrant visa classification.

When did the Treaty end?

On October 3, 2018, the U.S. Department of Homeland Security notified Iran of the Termination of the Treaty of Amity. On October 23, 2019, the Department of State provided DHS with formal notice of the termination of the treaty. Currently, there are no other qualifying treaties with Iran or any legislation for granting E-1 or E-2 status to Iranian nationals.

What does this mean?

Accordingly, a national of Iran is no longer eligible for an extension of stay in E-1 or E-2 status or a change of status to E-1 or E-2 on the basis of the Treaty of Amity.

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Earlier this week, the United States Supreme Court handed down a controversial decision upholding the President’s latest travel ban in the case Trump, President of the United States, Et Al. v. Hawaii Et Al. The 5-4 decision reflected a deeply divided court, but ultimately the conservative justices on the court banded together ruling in favor of the Trump administration.

Chief Justice Roberts, joined by Justices Kennedy, Thomas, Alito, and Gorsuch, ruled that the latest travel ban was “squarely within the scope of Presidential authority.” Justices Breyer, Kagan, Sotomayor, and Ginsburg dissented. Despite concurring with the majority opinion Justice Kennedy added, “An anxious world must know that our Government remains committed always to the liberties the Constitution seeks to preserve and protect, so that freedom extends outward, and lasts.”

As you may recall in September of 2017 the President issued Executive Order No. 9645, entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats.” The purpose of this executive order was to identify any deficiencies from several foreign countries needed to adequately assess whether nationals from particular countries seeking to enter the United States presented security or safety threats to the United States. The order specifically called for global requirements for information sharing among these countries, and increased immigration screening and vetting of individuals from particular countries of concern. The President exercised his broad authority under the constitution to place entry restrictions on nationals of eight foreign countries whose information systems for managing and sharing information about their nationals was deemed inadequate by the current administration. These countries included—Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.

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11176275396_fdf69cfd1e_zOn Monday, December 4, 2017, the United States Supreme Court issued an order allowing enforcement of the President’s latest travel ban in its entirety, pending legal challenges in lower courts. In its brief order, the Court signaled its desire for the appellate court to address any challenges to the travel ban, swiftly. Justices Ruth Bader Ginsburg and Sotomayor were the only justices who would have blocked the latest travel ban from going into effect.

The court’s order means that the Trump administration may enforce all of the provisions of the President’s latest travel ban, until the federal courts hand down rulings on the constitutionality of the ban. As you may recall, non-US citizens affected by travel ban 3.0 include nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.

The travel ban DOES NOT affect lawful permanent residents of the United States (green card holders), foreign nationals granted asylum, refugees admitted to the United States, or dual nationals traveling on a passport from a non-designated country.

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