USCIS Eases Visitor Restrictions for Fully Vaccinated Individuals

On May 27, 2021, U.S. Citizenship and Immigration Services (USCIS) announced an updated visitor policy to reflect new guidance from the CDC. The new USCIS guidance advises that because COVID-19 vaccines are effective at preventing the virus and reducing the risk of people spreading the virus, fully vaccinated individuals can now enter USCIS offices without a face covering. To be considered fully vaccinated, it must have been at least two weeks since receiving a second dose in a two-dose series or at least two weeks since receiving a dose of a single-dose vaccine. Individuals two years old and older who are not fully vaccinated must still wear a face covering that covers both the mouth and nose while in a USCIS office. In DHS-controlled spaces, the new USCIS guidance supersedes state, local, tribal, or territorial rules and regulations regarding face coverings.

USCIS has also eased other requirements for fully vaccinated individuals who do not have COVID-19 symptoms. Those who have returned from domestic air, international air or cruise ship travel in the past 10 days may enter USCIS facilities if they are fully vaccinated. Individuals who have been in close contact (within six feet for a total of 15 minutes or more) with anyone known to have COVID-19 in the previous 14 days may also enter USCIS facilities as long as they are fully vaccinated.

USCIS continues to reserve the right to deny entry to anyone who does not wear an acceptable face covering. The USCIS visitor policy reminds visitors to follow USCIS signs or instructions to maintain social distancing during screening and while in USCIS spaces. To limit the number of people in the waiting room, applicants with scheduled appointments may only be accompanied by: an attorney; an interpreter (if permitted); a parent, legal guardian, or trusted adult, if the applicant being interviewed is a minor; immediate family members listed as dependents on the application or interview notice; and an individual assisting a disabled person. Guests are also still not allowed at naturalization ceremonies.

Please visit uscis.gov/coronavirus for updates. For the latest information on the status of a USCIS office, you can visit https://www.uscis.gov/about-us/uscis-office-closings.

Serotte Reich will continue to provide updates, as new developments affecting immigration continue to occur frequently during the COVID-19 pandemic. If you need assistance or advisement regarding an immigration matter, please contact us at (716) 854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

President Biden Issues Proclamation Revoking Trump’s COVID-19 Immigration Bans

On February 24, 2021 President Biden signed into effect a Presidential Proclamation revoking a series of Immigration related Presidential Proclamations. President Biden’s newest proclamation revokes Presidential Proclamations 10014 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), as extended by section 1 of Proclamation 10052 (Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), and section 1 of Proclamation 10131 (Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak). The revoked proclamations restricted the legal entry into the U.S. of many qualified nonimmigrants and immigrants seeking visas.

President Biden’s proclamation stresses that the bans did not advance the interests of the United States, but rather harmed individuals, U.S. family members and the U.S. economy by virtually halting all legal immigration. The now revoked proclamations prevented family members of U.S citizens and lawful permanent residents from being united with their families in the U.S. and kept U.S. employers from being able to “utilize talent from around the world.” Additionally, the bans have precluded individuals who were selected to apply for and who received visas through the 2020 Diversity Visa Lottery from entering the U.S.; more than 120,000 family-based visas and thousands of diversity visas were lost in fiscal year 2020. According to Forbes, a US State Department spokesperson confirmed that there were at least 473,000 immigrant visa applicants still awaiting an interview. The American Immigration Lawyer’s Association’s Director of Federal Litigation, Jesse Bless, aptly characterized the bans as “a preventable tragedy that has kept fathers and mothers from children, spouse from spouse, and exacerbated the stress and anxiety over the last year for many families.”

Along with revoking the proclamations, President Biden’s proclamation directs that the Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security must review any regulations, orders, guidance documents, policies, etc. developed because of Proclamation 10014 and that these agencies must issue revised guidance consistent with Biden’s revocation of the proclamations. Covid-19 continues to affect U.S. visa processing at consulates and embassies all over the world. The Biden administration is working to prioritize keeping families together, growing the economy, and ensuring that the U.S. remains a refuge for those fleeing persecution and working to realize their dreams. President Biden’s most recent Presidential Proclamation is one of many that have come under the new administration’s commitment to “restore humanity and American values to our immigration system.”

If you need assistance or advisement regarding an immigration matter that will be affected by this new proclamation, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

Masks Required at All Ports of Entry

In accordance with President Biden’s Executive Order issued on January 21 regarding COVID-19 safety, Customs and Border Protection (CBP) has issued new guidance. Effective February 2, CBP is enforcing the requirement that travelers wear face masks at all air, land and sea ports of entry in the U.S. CBP Officers will require travelers to temporarily lower their mask during the inspection process to verify their identity. Individuals on private transportation such as personal vehicles are not required to wear a mask while driving, but must use a mask once they enter an air, land, or sea port facility.

The Centers for Disease Control and Prevention (CDC) has also issued an Order entitled “Requirement for Persons to Wear Masks While on Conveyances and at Transportation Hubs.” According to these new requirements, everyone over the age of 2 must wear a mask that completely covers the nose and mouth of the wearer while on public conveyances (e.g., airplanes, ships, ferries, trains, subways, buses, taxis, ride-shares) traveling into, within, or out of the United States. People must wear properly fitted masks when awaiting, boarding, traveling on, or disembarking public conveyances or transportation hubs.

According to the CDC guidelines, cloth masks should be made with two or more layers of a breathable fabric that is tightly woven (i.e., fabrics that do not let light pass through when held up to a light source). Masks should be secured to the head with ties, ear loops, or elastic bands that go behind the head and should fit snugly but comfortably against the side of the face. Masks should be a solid piece of material without slits, exhalation valves, or punctures.

The mask requirement does not apply to persons with disabilities, who cannot safely wear a mask due to a disability as defined by the Americans with Disabilities Act, or to individuals for whom wearing a mask would create a risk to workplace health, safety, or job duty.

The mask requirement will remain in effect until further notice. Failure to comply with the mask requirement can result in denial of transport or other civil/criminal penalties under 18 U.S.C. 3559, 3571.

Serotte Reich will continue to provide updates as new developments affecting immigration continue to occur frequently during the COVID-19 pandemic. Please contact our office via our website or by phone at (716) 854-7525 to schedule a consultation if you have an immigration matter that has been affected by the pandemic and have questions or require assistance.

USCIS Announces Return of Premium Processing

After more than two months, USCIS will begin resuming premium processing for certain petitions. According to an announcement made on May 29, 2020, it will be done in phases during the month of June. USCIS will resume accepting Form I-907, Request for Premium Processing Service, on the following dates as included in the agency’s newly-issued guidance:

Starting June 1: USCIS will first begin accepting requests for premium processing for all eligible Form I-140 petitions.

Starting June 8:

• H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt.

• All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing filed before June 8 that are pending adjudication.

Starting June 15:

• H-1B petitions requesting premium processing by filing an I-907 concurrently with their I-129 (or request for a petition filed on or after June 8) and are exempt from the cap because: 

• The employer is cap-exempt or because the beneficiary will be employed at a qualifying cap-exempt institution, entity or organization (such as an institution of higher education, a nonprofit research organization or a governmental research organization); or 

• The beneficiary is cap-exempt based on a Conrad/IGA waiver under INA section 214(l).

Starting June 22: All other Form I-129 petitions, which include:

• All H-1B cap-subject petitions (including those for fiscal year 2021), including change of status from F-1 nonimmigrant status, for both premium processing upgrades and concurrently filed I-907s. 

• All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing.

For I-129 and I-140 petitions filed using premium processing prior to the March 20, 2020 suspension due to COVID-19 that did not receive action (and were refunded), petitioners may refile according to the timeline issued above. USCIS does note that the dates are subject to change and that any amendments to the timeline will be announced.

For those who require assistance with a petition that needs to be filed – or refiled – using premium processing, please contact Serotte Reich.