DEPARTMENT OF STATE RAISES NONIMMIGRANT VISA CONSULAR FEES

Beginning May 30, 2023, consular fees required for certain nonimmigrant visas will be raised according to an updated Schedule of Fees published in the Federal Register.

The fee changes to be put in effect are:

• The application processing fee for non-petition based nonimmigrant visas (such as B-1/B-2 and F-1 visas) will be raised from $160 to $185.
• The application processing fee for H, L, O, P, Q, and R nonimmigrant visas will be raised from $190 to $205.
• The fee for E category nonimmigrant visas will be raised from $205 to $315.
• The processing fee for Border Crossing Cards for Mexican citizens age 15 and over will be raised from $160 to $185.

DOS ISSUES TEMPORARY RULE WAIVING IN-PERSON APPEARANCES FOR CERTAIN REPEAT IMMIGRANT VISA APPLICANTS.

On December 13, 2021, the Department of State (DOS) issued a temporary final rule that provides flexibility for consular officers to waive in-person appearances and in-person oath requirements for certain repeat immigrant visa applicants.

Immigrant visa applicants who meet the following criteria, may not need to make another in-person appearance before a consular officer for an interview, execution of their application, or oath:

(1) the immigrant visa was issued on or after August 4, 2019;

(2) the applicant did not travel to the United States on the immigrant visa; and

(3) the applicant seeks and remains qualified for an immigrant visa in the same classification as the expired immigrant visa.

Consular officers still have discretion to require applicants that meet these requirements to appear in-person. This temporary rule is in effect from December 13, 2021 through December 13, 2023.

EMBASSY AND CONSULATE GUIDANCE TO PRIORITIZE CERTAIN CONSULAR SERVICES HAS BEEN RESCINDED

The Department of State (DOS) previously issued guidance stating that embassies and consulates were required to prioritize certain consular services, due to the COVID-19 epidemic. The DOS now issued a notice that the November 2020 visa prioritization guidance has been rescinded, effective immediately.

All embassies and consulates now have broad discretion to determine how to best prioritize visa appointments, among the range of visa classifications, at each specific embassy or consulate. Embassies and consulates are still subject to any local conditions or restrictions that are in place. In addition, applicants can still request expedited interviews, if their work will be performed at a facility engaged in pandemic response.

REMINDER-BIDEN – AT SIX MONTHS

Join us for a review of some of the immigration changes in the first six months of the Biden Presidency. 

MU Law will be hosting a free webinar for our clients and friends on Tuesday, August 17, 2021 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

-          Visa Bulletin predictions

-          Consular backlogs

-          Deference to prior approvals by USCIS

-          RFEs and NOIDs

-          Expediting cases

-          Biometrics and EAD policies for dependents

-          Additional updates and policy proposals

 

PLEASE JOIN US!

REMINDER-BIDEN – AT SIX MONTHS

Join us for a review of some of the immigration changes in the first six months of the Biden Presidency.  Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

MU Law will be hosting a free webinar for our clients and friends on Tuesday, August 17, 2021 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

-          Visa Bulletin predictions

-          Consular backlogs

-          Deference to prior approvals by USCIS

-          RFEs and NOIDs

-          Expediting cases

-          Biometrics and EAD policies for dependents

-          Additional updates and policy proposals

 PLEASE JOIN US!

BIDEN – AT SIX MONTHS

Join us for a review of some of the immigration changes in the first six months of the Biden Presidency.  Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

MU Law will be hosting a free webinar for our clients and friends on Tuesday, August 17, 2021 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

-          Visa Bulletin predictions

-          Consular backlogs

-          Deference to prior approvals by USCIS

-          RFEs and NOIDs

-          Expediting cases

-          Biometrics and EAD policies for dependents

-          Additional updates and policy proposals

 PLEASE JOIN US!

US EMBASSIES TO USE TIERED APPROACH TO WORK ON BACKLOG

U.S. embassies and consulates have begun using a tiered approach to manage their substantial backlog of immigrant visas.  Many embassies and consulates continue to have a significant backlog of all categories of immigrant visas.

 

Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)

 

Tier Two: Immediate relative visas; fiancé(e) visas; and returning resident visas

 

Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad

 

Tier Four: All other immigrant visas, including employment preference and diversity visas

While the Posts will generally use these tiers in order, where possible, Posts are scheduling some appointments within all four priority tiers every month.  Still the State Department recognizes that visa applicants, “particularly those in Tiers Three and Four, will face continued delays.”

PRESIDENT BIDEN RESCINDS PRESIDENTIAL PROCLAMATION PROHIBITING ENTRY OF IMMIGRANTS DUE TO COVID-19 PANDEMIC

On February 24, 2021, President Biden rescinded Presidential Proclamation 10014. PP 10014 prohibited the issuance of most immigrant visas (green cards) at US Embassies and Consulates due to possible economic harm to the US during the COVID-19 Pandemic.

All consular processed green card cases put on hold due to PP 10014 will now resume processing. However, many US embassies are still operating on reduced staff, due to the COVID-19 pandemic. Therefore, we anticipate that there will continue to be delays in obtaining green card interviews at Embassies and Consulates.

Although PP 10014 has been rescinded, Presidential Proclamation 10052 (PP 10052) suspending the entry of nonimmigrant workers due to the COVID-19 Pandemic remains in place. Specifically, PP 10052 applies to applicants applying for H-1B, H-2B, L-1, J-1, H-4, L-2, and J-2 visas for entry to the US.

In addition, the Department of State (DOS) updated its guidance related to National Interest Exemptions for individuals subject to PP 10052. The eligibility requirements have not changed, but the DOS has provided further details of which nonimmigrant visa applicants can qualify for National Interest Exemptions. PP 10052 is currently set to expire on March 31, 2021.

221g CRISIS IN MANILA APPEARS TO HAVE ENDED

Thanks to aggressive lobbying and advocacy by the AAIHR, MU Law believes that immigrant visas are again being issued to applicants who apply through the US Embassy in Manila.  This week, a notable number of MU Law clients have been granted their visas.

MU Law recommends that all nurses who have been waiting to schedule their appointment begin contacting the Embassy and reset their appointments.

Previously, the US Embassy in Manila had denied virtually every nurse immigrant visa for the entirety of 2020, including in January and February, before the pandemic began.

221g PROBLEM CONTINUES AT MANILA

The Manila Post continues to refuse to issue immigrant visas to nurses as has been the case since before the pandemic.   The Post issues 221g letters or outright denials.  

We had been given some assurance in the spring that the problem was solved but it has not.

We are trying to get Congressional action and agency action with the aim of solving the problem.  Unfortunately, it may take some time because we have to reengage our prior contacts. 

If you have been issued a 221g or a denial and would like to be involved please contact your I-140 petitioner.  The I-140 petitioner (US employer) can then contact Chris Musillo who is helping coordinate the effort.  We must have the US employer involved. 

WHAT DOES THIS NEW PRESIDENTIAL PROCLAMATION MEAN FOR MY EMPLOYEES?

MU Law will be hosting a free webinar for our clients and friends on Tuesday, June 30, 2020 at 2PM Eastern (1PM Central).
 

This webinar will discuss the NEW Proclamation issued by President Trump suspending entry of immigrants and nonimmigrants until the end of 2020. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

Your Questions Answered, including:

• What types of cases are impacted?
• My employee’s status expires this fall, can it be extended? Or will the employee have to stop working?
• What should I do if my employee needs to travel?
• What can I do if my employee is currently outside the US and needs to return?
• My employee’s spouse and children went home for summer vacation, will the family be allowed back into the US?
• Can I file a green card case for my employee who is in the US?
• Is my employee eligible for a waiver from the proclamation?

PLEASE JOIN US!

TRUMP ISSUES WIDE RANGING EXECUTIVE ORDER BANNING NEW LEGAL EMPLOYMENT BASED IMMIGRANTS UNTIL 2021

Last night, President Trump updated and expanded his April Presidential Proclamation that had banned legal immigrant visas for 60 days.  Last night’s ban extends the April legal immigration ban through December 31, 2020 and adds many temporary employment-based nonimmigrant visas, including H-1Bs, L-1s, J-1s, and H-2Bs. 

It seems certain that the President will be sued and so any information contained here is subject to the outcome of the lawsuits.

The ban effects many types of employment-based immigration, such as:

Green Cards (Immigrant visas) Consular Processing. 

All Consular Processing green cards continue to be banned, as they have been since April.  There are a few exceptions:

• Permanent Residents of the US;
• Healthcare workers and their immediate family members (including those family members traveling with the healthcare worker and those family members coming to the US at a later date);
• Other individuals coming to the US to perform work essential to combating, recovering from, or alleviating the effects of Covid-19 and their immediate family members (including those family members traveling with the healthcare worker and those family members coming to the US at a later date).
• Spouses and children of US Citizens;
• EB-5 investors;
• Individuals who are entering to assist law enforcement or who are members of the US Armed Forces;
• Special Immigrants in the SI or SQ Class and their family members; and
• Any person whose entry is in the national interest of the US as determine by the Secretary of State or Secretary of Homeland Security.

Green Cards (Immigrant visas) Adjustment of Status

No effect whatsoever.  Many Adjustment of Status interviews, of course, have been delayed because of COVID-19, although we have seen that the USCIS is approving some employment based green cards without an actual visa interview.

H-1B, L-1, J-1, and H-2B visas

• Beneficiaries approved for H-1B and L-1s will not be allowed to enter the US unless they currently have a valid visa stamp, even if they have an approved I-797.
• H-1B and L-1 visa stamps cannot be granted at embassies or consulates unless the H-1B or L-1 is for one of the exemption categories below. 
• If you have an H-1B or L-1 approval and you are in the US, you should not travel outside the US unless you already have a valid H-1B visa stamp in your passport and you intend to return to the US prior to the expiration of that visa stamp.
• H-1B and L-1 amendments, extensions, and transfers continue to be permissible.
• H-1B cap petitions that are based on a change of status (e.g. F-1 to H-1B) should be approved with a new I-94 card for the H-1B status.  The ban does not prohibit or effect the change of status, however, individuals changing status to H-1B should not leave the US after October 1 as they will not be able to return without a valid H-1B visa stamp.  
• Similar prohibitions apply to J-1 and H-2B visas, although the J-1 visa ban is limited to interns, trainees, teachers, camp counselors, au pairs, and summer work programs.  Other J-1s may obtain visas and enter the US.
• The ban also applies to the H-4, L-2, J-2 dependent classifications.  Spouses and children in the US as dependents should not travel abroad unless each family member has a valid visa stamp in their passport.  Dependents who are currently abroad will not be allowed to enter the US unless they currently have a valid visa stamp.

Exemptions to the H-1B, L-1, J-1, and H-2B nonimmigrant visa ban

The visa ban does not apply to:

• any lawful permanent resident of the United States;
• any alien who is the spouse or child of a United States citizen;
• any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
• any alien whose entry would be in the national interest as determined by the Secretary of State or the Secretary of Homeland Security.

National Interest Entry Requests

The Proclamation allows for exemptions to the nonimmigrant visa ban if the Beneficiary is one of several categories deemed by DOS or DHS to be “in the national interest”.  It is expected that the DOS and DHS will issue details about these exemptions and the process to request an exemption.  The Proclamation’s named categories include those who:

• are critical to the defense, law enforcement, diplomacy, or national security of the United States;
• are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;
• are involved with the provision of medical research at United States facilities to help the United States combat COVID-19;
• are necessary to facilitate the immediate and continued economic recovery of the United States; or
• are children who would age out of eligibility for a visa as a result of the visa ban.

IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service: As of March 18, 2020 the USCIS has suspended all in-person services until at least April 1, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.

USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.

Emergency appointments and services will be provided by the USCIS in limited situations. 

Department of State: Most US Embassies have also suspended interviews in an effort to slow the spread of Covid-19.  You can find country specific information from the US Department of State about Covid-19 here.

Travel Restrictions:  Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;

• Spouses of US Citizens and Lawful Permanent Residents;

• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;

• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;

• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and

• Other certain foreign government and health officials. 

On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

MASSIVE CHANGES TO IMMIGRANTS CEAC STATUS FROM ADMINISTRATIVE PROCESSING TO REFUSED

The DOS’ CEAC webpage underwent a massive terminology change.  As of March 5, 2020, all CEAC status that had said “Administrative Processing,” now says “Refused.”  According to an update on the DOS’ CEAC website indicates that this is a termination change that is not an actual change to anyone’s visa applications’ status.

From their webpage: “There has been no change in such applicants’ actual cases. This is an administrative change to more accurately communicate case status to applicants.”

Here is the full statement:

Visas: CEAC Case Status Change

Last Updated: March 5, 2020

On March 3, 2020, the Department of State made an update to the Consular Electronic Application Center (CEAC) website, our online portal for visa applicants. A visa applicant whose case previously displayed as being in “Administrative Processing” on his or her case status page now displays as being “refused.”

There has been no change in such applicants’ actual cases. This is an administrative change to more accurately communicate case status to applicants.

Visa applicants whose case status on CEAC had previously displayed as “Administrative Processing” had been refused under section 221(g) of the U.S. Immigration and Nationality Act (INA).

Although some refusals under INA section 221(g) can be overturned, the change in the CEAC correctly reflects that the applicant’s visa application has been refused.  That status may change if the applicant can demonstrate to a consular officer he or she is eligible for a visa or if information comes to the attention of the consular officer from other sources that resolve any outstanding issues relating to the applicant’s eligibility for the visa.

The applicant should refer to the instructions the consular officer gave at the end of the visa interview and to travel.state.gov/visas for more information about his or her case.

VISA REFUSALS AT THE US EMBASSY IN MANILA

Musillo Unkenholt is aware that the US Embassy in Manila has refused to approve almost any immigrant visa for the last 3 weeks.  The problem is, apparently, that the Embassy is mistakenly interpreting clauses in employment contracts between nurses and their US employers, perhaps based on some bad information that was sent to the Embassy. 

The problem seems to be localized in Manila.  Philippine nationals processing for immigrant visas at other embassies around the world are being issued their immigrant visas.  Likewise, other embassies are also issuing immigrant visas to non-Philippine nationals. 

We are working with clients, trade associations, and nurses to solve this problem.  It may take a little while to solve the problem but it is a fairly straightforward problem that will be solved, hopefully in the next few weeks.

HEALTHCARE EMPLOYERS WILL NEED TO UPDATE THEIR HEALTH INSURANCE ENROLLMENT POLICIES

Background

Most foreign educated nurses enter the US through Consular Processing.  Because of the new Presidential Proclamation that goes into effect on November 3, 2019, Musillo Unkenholt recommends that all US employers of foreign nurses -- and all Consular Processed immigrant visas -- immediately evaluate their corporate health insurance programs.  Because immigrants will now need to be enrolled in health insurance programs within 30 days of entry into the US, employer policies may need to be renegotiated.

MU suggests that employers take these steps:

First, review your health insurance policy to confirm that new immigrants will be immediately eligible to enroll in health insurance programs.

Second, draft a letter outlining the employer’s health insurance program for immigrants who are attending Consular Process interviews after November 3, 2019.

Third, continually follow up with these immigrants to make sure that they are enrolled in health insurance programs within 30 days of entry into the US.

Frequently Asked Questions About the new Presidential Proclamation on Health Insurance

If the employer’s program currently calls for new employees to enroll in more than 30 day will this be a problem under the new Proclamation?

Yes.  Immigrants must be offered the ability to be activated in their employer’s health insurance policy within 30 days of entry into the US.

Does the 30 day clock start from when the immigrant reports to work or from when the immigrant enters the US?

The 30 day clock starts from when the immigrant enters the US.  The employee's start date is irrelevant.

What if the immigrant wants to take a few weeks and visit family before beginning with our company?

It does not matter.  The immigrant must be enrolled in the health insurance program before the 30^th day after entry to the US.

What if the immigrant fails to enroll in the health insurance program within 30 days?

The immigrant could conceivably be found to have committed immigration fraud, and could, theoretically, be deportable. There is no liability on the part of the employer if the employee fails to enroll.

Can I ask the immigrant to enroll in market-based state health insurance plan?

Yes.  But the market-based state health insurance plan must be unsubsidized by a US government entity.

Does an employer have to enroll spouses and children of dependents?

In order for spouses and children to be approved for their immigrant visa they must prove to the Embassy/Consular official that they will be enrolled in a health insurance plan within 30 days of entry into the US.  Therefore, the spouses and children must either be eligible for enrollment on the employer’s plan within 30 days of entry into the US or they must convince the Embassy/Consular official that they will be covered under alternative health insurance.

Some of my immigrants enter the US to activate their SSN and state license, but then exit the US after a few days.  These immigrants then re-enter the US after their SSN and state license is issued.  When do these immigrants need to be enrolled under a health insurance policy?

Even though these immigrants will be quickly leaving the US, it is still necessary that they prove to the Embassy/Consular official that they will obtain health insurance within 30 days of their initial entry.