Coronavirus News

Amidst the COVID-19 Pandemic, Travel Restrictions to the US and now a new virus from swine, the U.S. Citizenship and Immigration Services (USCIS) has notified Congress of a massive projected budget shortfall that is threatening the Agency's operations and the financial well-being of thousands of USCIS employees. USCIS, which is primarily funded by application fees, has requested a $1.2 billion dollar bailout from Congress to keep the Agency afloat.
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Effective Date: The Proclamation takes effect on June 24, 2020 at 12:01 AM ET. It will remain in effect through December 31, 2020 and may be continued or modified as necessary.

Background:

On June 20, 2020, President Trump has issued a proclamation that suspends the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States.

This Proclamation also extends, effective immediately, Presidential Proclamation 10014 issued on April 22, 2020 which suspended the entry of certain immigrants into the United States.

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Q: Which visas are affected with the Presidential Proclamation (June 22, 2020)?
A: The Presidential Proclamation announced on June 22, 2020 extends Proclamation 10014 for certain immigrant visa and includes certain H-1B, H-2B, L, and J visa applications. https://www.whitehouse.gov/presidential-actions/proclamation- suspending-entry-aliens-present-risk-u-s-labor-market-following- coronavirus-outbreak/

Q: I have an approved (H1B, H2B, J, or L) petition and I'm waiting for my interview. What does this mean for me?
A: Suspension of entry applies to “any alien who does not have a nonimmigrant visa that is valid on the effective date of this proclamation."
https://www.whitehouse.gov/presidential-actions/proclamation- suspending-entry-aliens-present-risk-u-s-labor-market-following- coronavirus-outbreak/
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On June 22nd, President Trump issued Proclamation suspending entry of aliens who present a risk to the U.S. Labor Market following the coronavirus outbreak. The Proclamation bans entry of certain nonimmigrant workers including H-1B, H-2B, J-1 and L-1 until the end of the year.

This Proclamation will not affect TN visa holders from Canada and Mexico, among other nonimmigrant visa holders in the US. These individuals may travel outside the US subject to normal travel restrictions.
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RIDGEWOOD NJ - The Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group denounce President Trump’s decision to block access to certain nonimmigrant workers until at least the end of the year, including H-1B, H-2B, J-1 and L-1 nonimmigrants and their family members.
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Additional restrictions on entry into the U.S. may be expected soon. Initial indications are that the Administration is considering barring H-1B, H-2B, L-1, and J-1 status among other non-immigrant visa categories.

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Release Date: May 19, 2020

As I have repeatedly stated – border security is homeland security. Our efforts over the last several months to limit non-essential travel have been successful and now is not the time to change course. The President has made it clear that we must continue to keep legitimate, commercial trade flowing while limiting those seeking to enter our country for non-essential purposes. Non-essential travel will not be permitted until this administration is convinced that doing so is safe and secure.
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President Trump recently issued a Proclamation about Banning Immigration To the US: NPZ Lawyers discuss these Recent Proclamation and What it means for the a future of Immigration Law Practice into the 21st Century.

 

 

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From May 07, 2020, The Indian government has been evacuating stranded Indians in a phased manner.  As the aircraft depart from India to pick up the evacuees, the national carrier, Air India, is accepting passengers who fit the following criteria and who wish to travel abroad (select destinations only):

Nationals of the destination countries;

Indian and foreign nationals who hold a valid visa for a period of at least one year to the destination country;

Health Workers holding a valid permit for travel to the destination country. Such individuals must obtain written permission from the Embassy of the destination country.

Other points to note:

The cost of travel must be borne by the passenger.

At the time of boarding the flight, all passengers must undergo thermal screening as per the health protocol.

Before purchasing the tickets, individuals must verify their eligibility to travel by referring to the conditions on the destination country’s regulatory website.

Passengers must ensure that they comply with all travel and health requirements of the destination country.

All passengers must sign an undertaking stating that in case of deportation, the entire cost towards deportation penalty, return fare, and cost of quarantine will be borne by the passenger.

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Green card holders who are abroad and cannot currently travel back to the United States due to the COVID-19 pandemic should consider keeping evidence of U.S. ties for re-entry.

As a lawful permanent resident (green card holder), absences of more than 180 days to one year may create a "presumption" that you have abandoned your permanent resident status.

This could lead to questioning at the border upon re-entry to the United States.

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Public Charge

Alert: USCIS encourages all those, including aliens, with symptoms that resemble Coronavirus 2019 (COVID-19) (fever, cough, shortness of breath) to seek necessary medical treatment or preventive services.  Such treatment or preventive services will not negatively affect any alien as part of a future Public Charge analysis.  

The Inadmissibility on Public Charge Grounds final rule is critical to defending and protecting Americans’ health and its health care resources.  The Public Charge rule does not restrict access to testing, screening, or treatment of communicable diseases, including COVID-19. In addition, the rule does not restrict access to vaccines for children or adults to prevent vaccine-preventable diseases.
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