Visa Lawyer Blog

Articles Posted in Policies

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In this blog post, we share with you an important announcement from the U.S. Customs and Border Protection’s Carrier Liaison Program.

The agency has announced that certain nationals participating in the Visa Waiver Program (VWP), who have been physically present in Cuba, or who are dual nationals of Cuba and a country participating in the Visa Waiver Program, will be ineligible to gain admission to the United States using the Electronic System for Travel Authorization also known as ESTA.

According to CBP, beginning January 12, 2021, the Department of State designated Cuba as a State Sponsor of Terrorism, causing the above-mentioned individuals to become ineligible for travel to the United States under the Visa Waiver Program.

Later, on July 6th the Department of Homeland Security updated its Electronic System for Travel Authorization (ESTA) online application and mobile application to reflect these changes.

Why has this happened?

The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (“the Act”) makes nationals of Visa Waiver Program (VWP) countries who have been present in a country designated as a State Sponsor of Terrorism (SST), as well as those who are dual nationals of both a VWP country and a country designated as an State Sponsor of Terrorism at the time of applying for an Electronic System for Travel Authorization (ESTA), ineligible for travel to the United States under the Visa Waiver Program.

Since Cuba has been named a State Sponsor of Terrorism, these restrictions will now be enforced against nationals participating in the VWP program who have been present in Cuba or are dual nations of Cuba and a VWP country.

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This past week, the U.S. Department of Homeland Security announced the implementation of a new Family Reunification Parole (FRP) program for foreign nationals of Colombia, El Salvador, Guatemala, and Honduras, that falls in line with previous governmental policies aimed at reducing unlawful migration.

The program will benefit nationals of such countries whose family members are U.S. citizens or lawful permanent residents and have received approval to join their family in the United States.

Nationals of these countries can be considered for parole on a case-by-case basis for a period of up to three years while they wait to apply to become a lawful permanent resident. This means that those who are eligible for parole will have the opportunity to lawfully reside inside of the United States while applying for lawful permanent residence for a period of up to three years.

The Secretary of the Department of Homeland Security Alejandro N. Mayorkas, said that “These new processes promote family unity and provide lawful pathways consistent with our laws and our values,” and will allow for the expansion of safe, orderly, and lawful pathways to reduce “dangerous, irregular migration to the United States.”

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The Department of State raised eyebrows earlier this month when it released information that it will be reducing the waiting period for 221(G) “administrative processing,” in an effort to process visas more efficiently.

While this is welcome news, in practice it may not mean much. Consulates and Embassies have been notoriously secretive when it comes to 221(G) administrative processing and do not reveal the reason for a visa applicant being placed in administrative processing in the first place, nor the type of security checks that are being conducted.

What is 221(G) Administrative Processing?

First, let’s explain what administrative processing is. When an applicant visits a U.S. Consulate or Embassy overseas for their visa interview, there are only two possible outcomes that can occur at the conclusion of their interview. The Consular Officer may choose to either issue or “refuse” the visa. A refusal is not the same as a denial. It simply means that the visa applicant has not established his or her eligibility for the visa they are seeking for the time being, and the Consulate needs additional time or requires further information either from the visa applicant or another source to determine the applicant’s eligibility for the visa.

In most cases, visa applicants who have been “refused” will require further administrative processing.

How will I know if I have been placed in 221(G) administrative processing?

Visa applicants placed in administrative processing are often given what is called a “Notice of 221(G) Refusal” at the conclusion of their interview, which states that the visa application has been “refused” under section 221(G) of the Immigration and Nationality Act. The Notice should indicate whether additional administrative processing is required for your case, and whether any further action is required on your part, such as providing additional documentation or further information to process your visa.

However, in some cases visa applicants are not given such a Notice and will later discover that they have been placed in 221(G) administrative processing upon checking their visa status on the Consular Electronic Application Center (CEAC) visa status check webpage.

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In this blog post, we alert our readers to a new broadcast message issued by U.S. Immigration and Customs Enforcement (ICE).

Earlier this year, the U.S. Department of State (DOS) provided updated guidance explaining that Consular officers have the authority to issue F or M student visas for up to 365 days in advance of an international student’s program start date.

However, in its broadcast ICE has clarified that this new guidance DOES NOT change the requirement for issuing Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” in the Student and Exchange Visitor Information System (SEVIS), nor paying the I-901 SEVIS Fee, nor regulations governing admission into the United States.

Despite the advance issuance of an F or M visa, ICE clarifies that students can only enter the United States 30 days before their program start date as listed on their Form I-20 Certificate of Eligibility for Nonimmigrant Student Status.

Students who attempt to enter the United States more than 30 days before their program start date may be found inadmissible by U.S. Customs and Border Protection (CBP).

ICE notes to help ensure smooth entry into the United States, students and school officials should confirm the following prior to arrival at a U.S. port of entry:

  • Students have an active I-901 SEVIS Fee payment on the Form I-20 that they are traveling under.
  • The name of the school on the Form I-20 matches the name of the school on the visa.
  • Student financial information remains up to date in SEVIS.
  • Students do not attempt to enter the United States more than 30 days in advance of their Program Start Date.

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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 this blog post, we share recent guidance released by the U.S. Citizenship and Immigration Services (USCIS) for supporters and beneficiaries of Uniting for Ukraine and nationals of Cuba, Haiti, Nicaragua, and Venezuela, requesting humanitarian parole to the United States.

Individuals participating in these programs must have a supporter in the United States who agrees to provide financial support for the duration of their parole in the United States. The first step in the process is for the U.S.-based supporter to file a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS for each beneficiary they seek to support, including minor children. The U.S. government will then review the supporter information provided in the Form I-134A to ensure that they are able to financially support the beneficiaries they are agreeing to support.

USCIS has cautioned applicants that they have been receiving many duplicate filings of Form I-134A, as well as multiple inquiries submitted to the USCIS Contact Center regarding these filings.

To avoid any errors and ensure the proper submission of the form, USCIS has provided the following important tips.

Duplicate Filings of Form I-134A

Some potential supporters have been filing multiple Forms I-134A for the same beneficiary. These duplicate filings add to USCIS workload, which delays processing.

The agency encourages applicants to refrain from filing more than one Form I-134A for the same beneficiary because this could delay the processing of the application for the beneficiary you are agreeing to support.

Those who have not received a decision on a Form I-134A they have filed on behalf of a beneficiary, are advised to check their case status through their USCIS online account.

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Welcome back to Visalawyerblog! In this blog post we share with you some breaking news regarding the COVID-19 vaccination requirement for non-immigrant international travelers.

On May 4, 2023, the State Department announced that the Biden administration will end the COVID-19 vaccine requirements for international air travelers at the end of the day on May 11, 2023, which marks the end of the federal COVID-19 public health emergency.

After this date, beginning May 12, 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.

Additionally, the Department of Homeland Security has released its own statement announcing that the COVID-19 vaccine requirement will also end for non-U.S. citizen travelers seeking entry through land parts of entry and ferries as indicated below:

Beginning May 12, 2023, DHS will no longer require non-U.S. travelers entering the United States via land ports of entry and ferry terminals to be fully vaccinated against COVID-19 and provide related proof of vaccination upon request. DHS intends to rescind these Title 19 travel restrictions in alignment with the end of the Public Health Emergency and the termination of the Presidential Proclamation on air travel.

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In this blog post, we share with you new guidance released by the U.S. Citizenship and Immigration Services (USCIS) regarding instances where the last day of filing a benefit request or response to a Request for Evidence or a Notice of Intent to Deny, Revoke, Rescind, or Terminate, falls on a Saturday, Sunday, or federal holiday.

USCIS recently issued a policy alert clarifying that the agency does not accept paper-based applications or petitions on Saturdays, Sundays, or federal holidays.

In light of this, USCIS has clarified that, in instances where the last day of a period for filing a paper-based benefit request, such as the last day before a requestor’s or beneficiary’s birthday, or the last day of a qualifying time period, falls on a Saturday, Sunday, or federal holiday, USCIS will consider the filing to be timely if received by the end of the next business day.

Similarly, the USCIS update also clarifies that where the last day to respond by mail to a mailed Request for Evidence or a Notice of Intent to Deny, Revoke, Rescind, or Terminate falls on a Saturday, Sunday, or federal holiday, USCIS will consider the response timely if received by the end of the next business day.  

With respect to electronically-submitted responses, they are considered received immediately upon submission. These filings, therefore, are not affected by the fact that USCIS does not accept deliveries on Saturdays, Sundays, and federal holidays, and are not impacted by the new policy clarification.

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We have good news for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status.

The United States Citizenship and Immigration Services (USCIS) recently announced that it has extended the temporary suspension of the biometrics submission requirement for this group of applicants.

Previously, USCIS had suspended the biometrics requirement until May 17, 2023. With today’s announcement, the suspension of biometrics will continue through September 30, 2023, for H-4, L-2, and E nonimmigrants.

USCIS will allow adjudications for these specific categories to proceed based on biographic information and related background checks, without the normal requirement of capturing fingerprints and a photograph. However, the agency will retain its discretion to require biometrics for any applicant on a case-by-case basis. Therefore, certain applicants may still be scheduled to attend a biometrics appointment at a local application support center (ASC).

USCIS reminds Form I-539 applicants meeting the biometrics suspension criteria, that they do not need to submit the $85 biometric services fee for Form I-539 during the suspension period.

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Good news for U.S. employers of H-2B visa workers!

Starting April 13, 2023, the U.S. Citizenship and Immigration Services (USCIS), will begin accepting petitions for H-2B temporary non-agricultural workers for the late second half of fiscal year (FY) 2023, for employment start dates from May 15, 2023, to September 30, 2023 under the H-2B supplemental cap temporary final rule.

Up to 10,000 additional visas will be up for grabs for returning workers who were previously issued H-2B visas or who held H-2B visa status in fiscal years 2020, 2021, or 2022, irrespective of their country of nationality. Pursuant to the final rule, such visas will only be available to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all H-2B workers requested in their petition, as attested by the employer on the new attestation form.

Why the surplus of visas?

The Department of Homeland Security and Department of Labor issued the temporary final rule to increase the numerical cap on H-2B nonimmigrant visas by up to 64,716 additional visas for fiscal year 2023. Of these 64,716 additional visas, 44,716 are available only for returning workers (workers who received an H-2B visa or were otherwise granted H-2B status in one of the last three fiscal years).

The remaining 20,000 visas have been set aside for nationals of El Salvador, Guatemala, and Honduras (collectively called Northern Central American countries) and Haiti, who are exempt from the returning worker requirement.

As of April 10, 2023, USCIS has received petitions requesting 11,537 workers under the 20,000 visas set aside for nationals of Haiti, El Salvador, Guatemala, and Honduras. USCIS is continuing to accept H-2B petitions under this allocation.

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