President Biden Provides India to Listing of International locations Topic to Direct Journey Ban Resulting from COVID-19
Starting on Could 4, 2021, at 12:01 AM ET, all nonimmigrants touring from India are banned from getting into the USA, until they have already got a sound visa stamp of their passport and have been exterior of India for greater than 14 days earlier than touring to the USA. (See the White Home proclamation launched on April 30, 2021, out there here.)
This journey ban doesn’t apply to U.S. residents or U.S. everlasting residents (i.e., inexperienced card holders). This ban additionally doesn’t apply to nonimmigrants (i.e., H, L, E, O visa holders) trying to journey out of India to the USA, in the event that they fall inside any of the next classes:
- Any nonimmigrant who’s the partner of a U.S. citizen or lawful everlasting resident;
- Any nonimmigrant who’s the mother or father or authorized guardian of a U.S. citizen or lawful everlasting resident who’s single and beneath the age of 21;
- Any nonimmigrant who’s single and beneath the age of 21 and the sibling of a U.S. citizen or lawful everlasting resident who can be single and beneath the age of 21;
- Any nonimmigrant/noncitizen who’s the kid, foster little one, or ward of a U.S. citizen or lawful everlasting resident, or who’s a potential adoptee looking for to enter the USA pursuant to the IR-Four or IH-Four visa classifications;
- Any nonimmigrant/noncitizen touring on the invitation of the U.S. authorities to work to include the virus;
- Any noncitizen touring pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any noncitizen in any other case touring to the USA as air or sea crew;
- Any nonimmigrant getting into pursuant to one of many following visas: A-1, A-2, C-2, C-3 (as a overseas authorities official or rapid member of the family of an official), E-1 (particularly as an worker of TECRO or TECO and their rapid members of the family), G-1, G-2, G-3, G-4, NATO-1 by way of NATO-4, or NATO-6;
- Any nonimmigrant getting into throughout the scope of part 11 of the United Nations Headquarters Settlement;
- Any nonimmigrant/noncitizen who’s a member of the U.S. Armed Forces or who’s a partner or little one of a member of the U.S. Armed Forces;
- Any nonimmigrant getting into to assist U.S. legislation enforcement targets, as decided by the Secretary of State, the Secretary of Homeland Safety, or their respective designees, primarily based on a suggestion of the Legal professional Basic or his designee;
- Any nonimmigrant whose entry could be within the nationwide curiosity, as decided by the Secretary of State, the Secretary of Homeland Safety, or their designees (extra details about this nationwide curiosity exception is offered here); or
- Any nonimmigrant who travels to a 3rd nation that isn’t topic to any COVID-19 bar and quarantines there for a minimum of 14 days earlier than trying to enter the USA. Please be aware this feature requires some due diligence to verify that the third nation additionally doesn’t bar nonimmigrants from India from touring there instantly and if a visa is required to enter such third nation.
The brand new proclamation suspending direct entry from India is along with the journey bans already in place for the next nations and areas with regard to direct journey to the USA: the UK, Eire, Schengen Area, China, Iran, South Africa, and Brazil. Thus, nonimmigrants who’re touring to the USA earlier than the efficient date of the brand new proclamation ought to keep away from touring to, or acquiring connecting flights by way of, these nations and areas earlier than they arrive in the USA.
USCIS Reestablishes Coverage Steering to Give Deference to Earlier Selections
On April 27, 2021, the U.S. Citizenship & Immigration Providers (“USCIS”) announced reinstatement of a 2004 adjudication coverage on H-1B and L-1 petitions that provides deference to prior USCIS determinations of eligibility when adjudicating extension requests involving the identical events and information because the preliminary petition or utility.
Beneath the 2004 adjudication coverage steerage, when an employer submits an extension request for work authorization (resembling an L-1 or H-1B) for a similar place, USCIS coverage gave deference to beforehand authorized petitions. The coverage utilized until there was a cloth error, materials change, or new materials information that required adjudicating the H-1B extension anew.
Nonetheless, in 2017, the Trump administration terminated the deference coverage and required that each one petitions be adjudicated as in the event that they had been a brand new petition. That commonplace of evaluation resulted in a big enhance of company requests for extra proof (or “RFE”), inflicting substantial backlogs in petition adjudications.
This USCIS change in coverage is in accordance with President Biden’s “Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” which is meant to advertise environment friendly and honest adjudication of immigration advantages.
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