This travel advisory summarizes the main issues and requirements for foreign nationals to ensure reentry to the U.S as seamless as possible. If there are new specific issues and you need to schedule a consultation, please reach out to your WR attorney directly, and if unsure email us at Visalaw@wolfsdorf.com Many WR Immigration clients are asking whether it’s advisable to return before January 20, 2025, when our new president is inaugurated and on balance I am advising yes, but this advisory applies to all regardless of your reentry date. There may be new travel bans on day one so while I am advising clients not to panic, I am recommending returning before January 20, 2025, if possible. We are anticipating heightened scrutiny of admissibility issues and for those researchers involved in sensitive technology, or for persons with arrests or convictions, please be ready to explain and document why you or your research or work is not a security risk or sensitive technology. Immigration policies often change with little or no prior notice, so if unclear, or if your specific situation needs attention, please check with your WR Immigration professional BEFORE departure from the U.S. It will be helpful to send […]
Due to a variety of factors, including epidemiological, economic, and political considerations, many countries are dropping their COVID-19 pandemic-related travel restrictions. Some of the last remaining COVID-conservative countries are opening up, which is promising for the resumption of international travel and for allowing employers the flexibility to send their employees who may not be vaccinated on assignment to more destination countries. Below is a non-exhaustive summary of the easing of COVID-19 restrictions in several areas. Canada As of October 1, 2022, Canada has lifted all COVID-19-related border requirements—including those related to vaccination, health checks, pre-board testing, mandatory use of ArriveCAN, reporting of symptoms, masking, and quarantine/isolation—for those entering Canada by land, air, or sea. Travelers still must follow any provincial or territorial COVID-19 requirements as applicable. The government of Canada said that the cancellation of border measures was facilitated by a number of factors, including modeling that indicates that Canada has largely passed the peak of the Omicron BA.4 and BA.5 wave; Canada’s high vaccination rates, lower hospitalization and death rates; and the availability and use of vaccine boosters (including the new bivalent formulation), rapid tests, and treatments for COVID-19. Canada also reviewed operational considerations and the epidemiological situation internationally. […]
The Canada-Ukraine Authorization for Emergency Travel (CUAET) allows Ukrainian nationals to apply for a Canadian visa without most of the usual requirements (free of charge, exempt from completing an immigration medical exam overseas, the option to apply for an open work permit, exempt from Canada’s COVID-19 vaccination requirements) excepting biometrics in certain cases and ArriveCAN. Announced on March 17, 2022, the CUAET is particularly interesting for Ukrainians as compared to other visas available because it allows them to obtain an open work permit and/or study permit free of charge, and they can be authorized to stay in Canada up to three years instead of the standard six months. For non-complex cases, the aim is to approve such visa applications within 14 days of receipt. No sponsor in Canada is required, no ties to home country are to be considered, and there are no financial requirements. To apply for CUAET, Ukrainians need to apply for a Temporary Resident Visa and an Open Work Permit by mentioning in their application that it is made through CUAET to highlight the urgency of the demand to the visa officers. Once the application is submitted, Ukrainians need to take biometrics only if they are aged […]
In light of the current situation in Ukraine, Homeland Security Secretary Alejandro Mayorkas announced a national interest exception (NIE) to permit the entry until March 1, 2022, of noncitizen nonimmigrants who (1) are traveling with a U.S. citizen or lawful permanent resident; (2) were physically present in Ukraine as of February 10, 2022; and (3) possess valid travel documents allowing them to travel to the United States. Such individuals can enter the United States without showing proof of COVID-19 vaccination. They will need to arrange for a COVID-19 test within three to five days of arrival and self-quarantine for seven days, among other requirements. Details: Mayorkas statement, https://www.dhs.gov/sites/default/files/2022-02/22_0215_S1_national-interest-exemption_0.pdf
The Department of State (DOS) announced on January 21, 2022, that due to “severely limited consular operations in Moscow,” DOS has designated multiple posts for processing certain nonimmigrant visa applications from persons resident in Russia. Russia-based student visa applicants (F and M categories), academic exchange J visitors (student, professor, research scholar, short-term scholar, and specialist J visa categories), and participants in U.S. government-funded exchange visitor programs may apply at Mission Kazakhstan and the U.S. embassies in Belgrade and Yerevan. DOS encourages applicants to check each post’s website for the latest information on services and appointment availability at that specific post. The agency noted that this designation does not prevent Russia-based F, M, and J applicants from applying at other posts where they are physically present. This designation also does not exempt travelers from the Centers for Disease Control and Prevention’s (CDC) requirement that all air travelers to the United States be vaccinated against COVID-19 with a World Health Organization emergency use-listed vaccine, DOS said. Details: “Announcement of F/M/J Processing Posts for Applicants Resident in Russia,” State Dept., Jan. 21, 2022, https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-F-M-J-processing-posts-for-applicants-resident-in-russia.html
Due to the ongoing pandemic, including the rapid worldwide spread of the new “Omicron” variant of the coronavirus that causes COVID-19, along with risks from the continuing Delta variant, the situation for international travelers remains in a state of flux. Among the ongoing concerns are varying country and local conditions that affect consular posts’ ability to process visa applications and return to full operation, the resulting effects on visa wait times, limited availability of expedited appointments, “triage” due to limited capacity resulting in some visa types being prioritized over others, and backlogs in some areas. The bottom line: Travelers should check for the latest updates before making plans or traveling, and should bring proof of vaccination when they travel. Selected highlights as of late December 2021 are summarized in the Q&A below. What COVID-19 testing and vaccination requirements do I need to meet to enter the United States now? Testing. Inbound international air passengers must take a COVID-19 viral test within a day of their departure, regardless of their vaccination status. Also, the mask requirement on domestic flights and public transportation—including buses, trains, planes, bus terminals, and airports—has been extended through March 18, 2021. Fines for noncompliance with the mask […]
As a result of South Africa identifying a new variant of the COVID-19 virus, Omicron, the U.S. and numerous other countries have imposed new travel restrictions on certain countries in southern Africa effective Monday 12:01 a.m. EST, November 29, 2021. President Joe Biden indicated the restrictions were imposed “as a precautionary measure until we have more information.” Several other countries have followed imposing harsh restrictions on persons from or who have travelled to Southern Africa. Under the proclamation, the U.S. will bar entry to most foreign nationals who have been physically present in the past 14 days in either Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa or Zimbabwe. There are a few exemptions, including: Any lawful permanent resident of the United States; Any noncitizen national of the United States; Any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident; Any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21; Any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of […]
Travel bans are over, but vaccine requirements have replaced them. What do travelers need to know? For a complete picture of how the changes in travel restrictions relates to you, consider attending our free zoom webinar led by Managing Partner, Bernie Wolfsdorf, and Partner Avi Friedman on Nov. 18, 2021, at noon Pacific. All are welcome to join. In the meanwhile, the following assets may help prepare you for the discussion: White Paper: Making Travel Plans? Here’s the Short-Term Outlook: https://wolfsdorf.com/white-paper-making-travel-plans-heres-the-short-term-outlook/ New Article: President Biden Replaces Country-by-Country Pandemic-Related Air Travel Restrictions With Vaccine Requirement: https://wolfsdorf.com/president-biden-replaces-country-by-country-pandemic-related-air-travel-restrictions-with-vaccine-requirement/
As the holidays approach and travel increases, several countries are experiencing a surge in COVID-19 cases once again. Risk assessments and tricky entry and exit requirements vary from country to country. The situation is obviously more complex and inconvenient for unvaccinated travelers than for the vaccinated, but even the latter have risk-mitigation considerations and requirements to meet. Meanwhile, the United States opened up travel for vaccinated people as of November 8, 2021 and is no longer banning entry based on country of origin. With respect to processing at U.S. embassies and consulates, delays have increased, and services and appointments are not available everywhere. So as to provide an in-depth look at the state of global travel, WR Immigration has produced a white paper on this subject. For a complete picture of how the changes in travel restrictions relates to you, consider attending our webinar led by Managing Partner, Bernie Wolfsdorf, and Partner Avi Friedman on Nov. 18, 2021, at noon Pacific. All are welcome to join. Register here.
For a complete picture of how this change relates to you, consider attending our webinar led by Managing Partner, Bernie Wolfsdorf, and Partner Avi Friedman on Nov. 18, 2021, at noon Pacific. All are welcome to join. Register here. Effective November 8, 2021, a new Presidential Proclamation that governs the entry into the United States by air of “noncitizen nonimmigrants” revokes previous country-by-country restrictions applied during the COVID-19 pandemic and replaces them with a vaccination requirement. The new policy suspends the entry of unvaccinated noncitizen nonimmigrants, except in limited circumstances, and “ensures that the entry of unvaccinated noncitizen nonimmigrants is consistent” with applicable health and safety determinations. These include, when appropriate, requiring that such individuals arrange to become fully vaccinated against COVID-19 upon arrival. Exceptions to the new policy include certain noncitizens with medical, humanitarian, or emergency issues, among other reasons. Details: Presidential Proclamation, Oct. 25, 2021, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/10/25/a-proclamation-on-advancing-the-safe-resumption-of-global-travel-during-the-covid-19-pandemic/ Previous WR Immigration Update: https://wolfsdorf.com/vaccination-requirement-will-replace-covid-19-travel-bans/
UPDATE: To further clarify the travel updates, WR Immigration is hosting a free webinar on this subject, led by Managing Partner, Bernie Wolfsdorf, and Partner Avi Friedman on Nov. 18, 2021, at noon pacific. All are welcome to join. Register here. The Biden administration will ease travel restrictions on all fully vaccinated international travelers at air and land borders effective November 8, 2021. The decision rescinds geographic travel bans implemented in 2020 under the Trump Administration. Global mobility and human resources professionals should prepare for a noticeable bump in requests for travel. Here’s a breakdown of what you need to know: Travel Bans Rescinded Under the covid travel bans, foreign nationals who had been in Brazil, China, India, Iran, Ireland, Schengen countries, South Africa and the United Kingdom within two weeks preceding travel were banned from flying directly into the United States unless they first applied for and received a National Interest Exception waiver. These travel bans are being rescinded. A New Vaccination Mandate Under Biden’s new policy, all international travelers will be required to prove they have been fully vaccinated against Covid-19 and furnish proof of a negative Covid-19 test within 3 days of boarding a flight to U.S. […]
Updated Oct. 15, 2021: The White House Assistant Press Secretary has tweeted that the date for this opening/easing of restrictions is set for November 8th, 2021. The Biden Administration has announced that it intends to relax Covid-19 travel restrictions on land-border crossings from Canada and Mexico beginning in November of this year. As a part of the trend towards implementing vaccine requirements, nonessential travelers will now be required to show proof of vaccination from a list of approved vaccines in order to enter the U.S.. This rule change will make the land and air travel rules consistent with each other, and is in line with recent announcements easing air travel restrictions for vaccinated travelers. First implemented in March of 2020, the Covid-19 land travel bans have been a great source of frustration for all travelers crossing U.S. land borders. Border cities that rely on cross border traffic for economic reasons have been especially hit hard by these restrictions. This news is therefore quite welcome as it represents a major step in the nation’s road back to normalcy. It is important to note that unvaccinated travelers will still be prohibited from entering the U.S. for nonessential travel. Fortunately, the increased availability […]