Immigration Updates
Find announcements from GPS about how current events have influenced immigration and visas for Mass General Brigham's foreign nationals.
Current Headlines
March 31, 2022 - Travel Reminders
Please note that while the U.S. has rescinded its November 26, 2021 travel restrictions, international travel remains extremely complicated.
If you MUST risk traveling outside of the U.S., review the following resources:
- Consular Appointments remain limited in many locations
- U.S. CDC’s entry requirementfor ALL air passengers arriving from a foreign country to the U.S.
- Reminders for travelling in J-1 status and travelling in H-1B status
Reminder to Check your I-94 upon entry to the U.S. (or reentry):
It is critical that you access and print your electronic I-94 record (and the record of any applicable dependents) each time you are re-admitted to the U.S. An incorrect “Admit Until Date” can affect your ability to remain in the country legally.
You may check your I-94 admission record on the Customs and Border Protection website.
- J-1 and J-2 visa holders should be admitted until D/S.
- H-1B and O-1 visa holders “Admit Until Date” should match the end date on their I-797 approval notice.
If you see an error on your electronic I-94 record, please contact GPS immediately.
December 6, 2021 - Negative COVID Tests Required for All U.S.-Bound Travelers
December 6, 2021 - The U.S. Center for Disease Control (CDC) announced that all air passengers, regardless of vaccination status, must show a negative COVID-19 test taken no more than 1 day before travel to the United States.
Earlier Updates
November 26, 2021 - Travel Restrictions Enacted to Reduce Omicron Transmission
On November 26, 2021, President Biden issued a new COVID-19 related proclamation effective November 29, 2021, limiting travel into the U.S. by individuals who were in the following countries during the 14-days prior to their planned entry into the U.S.:
- Republic of Botswana, Kingdom of Eswatini, Kingdom of Lesotho, Republic of Malawi, Republic of Mozambique, Republic of Namibia, Republic of South Africa, and, Republic of Zimbabwe
This new travel restriction mirrors prior COVID-19 related travel restrictions and includes some exceptions. It is unknown at this time how long an exception will take or what ability U.S. consulates in these countries will have to process emergency visa appointments.
October 25, 2021 - U.S. Ends Country-Specific Travel Bans
On October 25, 2021, President Biden issued a new presidential proclamation that ends the country-specific travel bans. The United States will now shift from country-by-country restrictions and adopt an air travel policy that relies primarily on vaccination status starting on November 8, 2021.
While this proclamation ends the country-specific travels bans, it does not remedy the existing backlogs and delays at the U.S. consulates. The U.S. Department of State stressed: “Please note that the rescission of [the travel bans] does not necessarily mean that your local U.S. embassy or consulate is able to immediately schedule all affected applicants for visa interviews. Please see the embassy/consulate website for information on what services they are offering at this time and instructions on how to apply for a nonimmigrant visa.”
Below is a summary of the key points related to this new proclamation:
- Starting on November 8, non-citizen, non-immigrant air travelers must provide proof of vaccination status prior to boarding an airplane to fly to the U.S. in addition to a negative COVID test within three (3) days of travel.
- Unvaccinated U.S. Citizens and lawful permanent residents (LPRs) will need to provide a negative test taken within one day of traveling.
- Foreign nationals who are NOT fully vaccinated must meet one of the limited exceptions (see below) and will have to produce documentation of a negative test within one day of departure. It is critical that grounds for the exception be reviewed in advance as these exceptions are very narrow.
- The Centers for Disease Control and Prevention (CDC) determined accepted vaccines will include FDA approved or authorized World Health Organization (WHO) emergency use listed (EUL) vaccines. More details are here.
- There are a very limited set of exceptions from the vaccination requirement for foreign nationals. Exceptions include: Children under 18 (see more below), certain COVID-19 vaccine clinical trial participants, those with medical contraindications to the vaccines, those who need to travel for emergency or humanitarian reasons (with a US government-issued letter affirming the urgent need to travel), those who are traveling on non-tourist visas from countries with low-vaccine availability (as determined by the CDC), and other very narrow categories.
Requirements for Children:
- Children under 18 are exempt from the vaccination requirement for foreign national travelers. Children between the ages of 2 and 17 are required to take a pre-departure COVID test.
- If traveling with a fully vaccinated adult, an unvaccinated child can test three days prior to departure (consistent with the timeline for fully vaccinated adults).
- If an unvaccinated child is traveling alone or with unvaccinated adults, they will have to test within one day of departure.
Canada-Mexico “Essential Travel Restrictions” for Land Borders
The Canada-Mexico essential travel restrictions at land ports of entry (POE) were extended through January 21, 2022. However, the October 12, 2021 announcement stated that "following guidance from the Centers for Disease Control and Prevention and other public health experts, the Department of Homeland Security (DHS) will amend Title 19 regulations to allow non-essential travelers who have been fully vaccinated for COVID-19 and have appropriate documentation to enter the United States via land and ferry ports of entry (POEs) across the U.S. border." For those traveling to Canada or Mexico please review their specific entry requirements.
September 20, 2021 - Biden Administration Plans to Rescind COVID-19 Travel Restrictions in November
The Biden administration announced plans to lift country specific COVID travel restrictions starting in November. Instead, all international travelers will need proof of vaccine status and a recent negative COVID-19 test.
Our office will provide additional information when it becomes available.
September 14, 2021 - Consular Interview Waivers
On September 14, 2021, the U.S. Department of State authorized consular officers through the end of 2021 to expand the categories of F, M, and J visa applicants (students, professors, research scholars, short-term scholars, or specialists) whose applications can be adjudicated without an in-person interview at a U.S. consulate. The expansion of this authority lasts until December 31, 2021.
If conditions allow, consular officers may choose to waive the visa interview requirement for:
- F, M, and academic J visa applicants who were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or
- First time F, M, and academic J visa applicants who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP) (provided they have no apparent ineligibility or potential ineligibility). Applicants from non VWP countries whose prior visa was issued when they were less than 14 years of age, may need to submit biometric fingerprints, but can still be approved for an interview waiver.
Details about country eligibility and necessary procedures will be available on the website of the relevant embassy or consulate.
July 6, 2021 - Updated National Interest Exception (NIE) Process
On July 6, 2021, the U.S. Department of State issued revised guidance on the National Interest Exception (NIE) process. An NIE is required to enter the U.S. if a visa holder is physically present in China, Iran, Brazil, South Africa, the Schengen area, the United Kingdom, Ireland, and India.
Under the new guidance: “Unless otherwise indicated, existing NIEs will be valid for 12 months from the date of approval and for multiple entries, as long as they are used for the purpose under which they were granted…The 12 month and multiple entry extension applies retroactively to all existing National Interest Exceptions approved in the last 12 months.”
While this news is encouraging, the U.S. consulate system is still not offering routine services in most locations. Many consulates remain closed, have limited staff, or are offering emergency appointments only. Due to limited appointment availability, a significant backlog has developed for immigrant and nonimmigrant visa applicants waiting for a visa interview.
May 4, 2021 - Travel Restrictions Extended to India
On April 30, 2021, President Biden issued a new COVID-19 related proclamation effective May 4, 2021, limiting travel into the U.S. by individuals who were in India during the 14-days prior to their planned entry into the U.S.
This new travel restriction mirrors prior COVID-19 related travel restrictions and includes some exceptions. It is unknown at this time how long an exception will take or what ability U.S. consulates in India will have to process emergency visa appointments.
As a reminder, the restrictions on travel from the Schengen countries, UK, Ireland, Brazil, China, Iran, and South Africa remain in effect with no set end date.
March 22, 2021 – Mass General Brigham Discourages Employee Travel During the COVID-19 Pandemic
In accordance with current public health guidance, Mass General Brigham continues to discourage travel. When traveling for personal reasons, employees should comply with state public health requirements with respect to testing and quarantine. When traveling internationally, employees are required to comply with the testing and quarantine recommendations from the Centers for Disease Control and Prevention based on location of travel. Note that return from international travel, as indicated by the CDC country list, requires both testing and quarantine upon return regardless of COVID-19 vaccination status, and employees must factor the time required to quarantine into their planning, including use of PTO, per the policy.
MGB continues to prohibit work-related travel, which includes international and domestic travel outside of the state of work or residence, continues to be prohibited through June 30, 2021. The policy will be revisited two months prior, or sooner as needed. Details of the Travel Policy and how to apply for exemptions for work-related travel are here.
March 9, 2021 - USCIS Will No Longer Enforce August 2019 Public Charge Rule
On March 9, 2021, the Biden Administration rescinded the Trump Administration’s 2019 Public Charge rule. As you may recall, the expanded public charge rule allowed the government to deny applications for green cards, temporary non-immigrant status, and citizenship, if the government found they relied on – or were at risk of relying on – public benefits.
The Department of Homeland Security will revert to public charge rules from the 1990s, which would not consider immigrants who receive Medicaid, public housing, or SNAP benefits as a public charge.
As of now, I-485 applicants no longer need to file Form I-944, Declaration of Self-Sufficiency. For nonimmigrants, the public benefits-related questions on Forms I-129 and I-539 do not need to be completed. Furthermore, USCIS has indicated that officers will not consider any responses or documentation submitted for pending cases pursuant to the August 2019 rule when adjudicating pending cases.
January 25, 2021 - Updated COVID Travel Restrictions
On January 25, 2021, President Biden issued the following COVID-19 related proclamation limiting travel into the U.S. by individuals who were in certain countries during the 14-days prior to their planned entry into the U.S.
- The restrictions on travel from the Schengen countries, UK, Ireland, Brazil, China and Iran have been extended with no set end date.
- Effective January 30, 2021, these travel restrictions will also extend to South Africa.
January 21, 2021 - New Masking and Testing Requirements for Anyone Entering the U.S.
On January 21, an executive order was issued to address domestic and international travel. The order requires:
- Mask-Wearing on modes of transportation (i.e., bus, subway, airplane);
- All international travelers must produce proof of a recent negative COVID-19 or test or proof of recovery from COVID-19 prior to entry and comply with other applicable Center for Disease Control guidelines concerning international travel (including recommended periods of self-quarantine or self-isolation after entry into the United States). Full guidance from the CDC is posted here; and,
- Diplomatic outreach to the governments of Canada and Mexico to create a policy for the U.S. land border (guidance expected in the next 14 days).
January 20, 2021 - Proclamation Ending Discriminatory Bans on Entry to the U.S.
On January 20, 2021, President Biden issued a proclamation revoking several executive orders and proclamations collectively known as the ‘Muslim and Africa bans.’ The new proclamation directs the U.S. Department of State to resume visa processing consistent with applicable law and visa processing procedures, including any related to COVID-19.
In the executive order the Biden Administration noted these bans:
“[A]re a stain on our national conscience and are inconsistent with our long history of welcoming people of all faiths and no faith at all...They have jeopardized our global network of alliances and partnerships and are a moral blight that has dulled the power of our example the world over. And they have separated loved ones, inflicting pain that will ripple for years to come. They are just plain wrong. “
January 13, 2021 - CDC orders COVID testing before arrival in U.S.
As of January 26, 2021, all air passengers arriving to the U.S. from a foreign country must be tested for COVID-19 infection. Details are available at this Centers for Disease Control site: https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-air-travel.html
January 6, 2021 - Travel Updates from GPS
Extension of H and J Travel Restrictions
The travel restrictions originally scheduled to expire on December 31, 2020 have been continued to March 31, 2021 by proclamation of the president. Please refer to our announcements dated June 22, 2020 and July 7, 2020 (below) for details of the suspension on entry for certain visa holders.
Country specific travel restrictions for Brazil, China, Iran, the Schengen Region, UK and Ireland remain in place indefinitely with no proposed end date.
I-94 Errors
We are seeing a significant increase in I-94 errors. The GPS staff would like to remind you to access and print your electronic I-94 record (and the record of any applicable dependents) each time you are re-admitted to the U.S. An incorrect “Admit Until Date” can affect your ability to remain in the country legally.
You may check your I-94 admission record on the Customs and Border Protection website.
- J-1 and J-2 visa holders should be admitted until D/S.
- H-1B and O-1 visa holders “Admit Until Date” should match the end date on their I-797 approval notice.
If you see an error on your electronic I-94 record, please contact GPS immediately at pips@partners.org.
Negative COVID-19 Test Required for Anyone Travelling from the U.K.
The Center for Disease Control (CDC) is requiring a negative pre-departure COVID-19 test for all airline passengers arriving into the United States from the United Kingdom.
International travel is not advised at this time.
Updates from Past Years
2020
November 12, 2020 - Outcome of the 2020 Presidential Election and U.S. Immigration
Although the new presidential administration has issued a comprehensive set of goals, we must remember that changes to U.S. immigration will take time. Read advice from GPS about expectations for the next four years.
July 28, 2020 - Limited U.S. Consulate Operations; New Hong Kong Executive Order
Clarifying the Status of U.S. Consular Operations
Some U.S. consulates started to re-open for routine services on July 15, 2020. However, these consulates generated considerable confusion by issuing guidance on visa processing that conflicted with each other. The U.S. Department of State has also provided new guidance on what qualifies as an exception to the various executive orders/travel restrictions. As a result of these events, our office has received a high number of e-mails.
First and foremost, the country-specific travel restrictions remain in place for Brazil, China, Iran, and much of Europe (Schengen region plus UK and Ireland). These restrictions have not lifted.
Despite the consulates opening, an applicant seeking a J-1 visa in a travel-restricted country must meet a national interest standard in order to be granted a visa with approval to travel into the U.S. The primary exception to the travel restrictions is for COVID-19 research, but there are additional national interest exceptions. These new exceptions are still very narrow so even with consulates open, the travel restrictions remain a challenge.
If a J-1 exchange visitor is granted a travel exception, that person will have 30 days to enter the U.S. and begin their J-1 program. J-1 exchange visitors who are not on-boarded in a timely manner will have their J-1 status terminated.
For a list of travel restrictions and a summary of the presidential proclamation – please click here.
Hong Kong Executive Order
On July 14, 2020, President Donald Trump signed a sweeping executive order that ends the special relationship the U.S. maintained with Hong Kong. Per the order, “It shall be the policy of the United States to suspend or eliminate different and preferential treatment for Hong Kong to the extent permitted by law and in the national security, foreign policy, and economic interest of the United States.”
The Executive Order is especially complex due to its global policy ramifications. It includes several immigration-related provisions, which seek to suspend or terminate various provisions of U.S. immigration law deriving from the Hong Kong Policy Act enacted by Congress in 1992.
People seeking a green card who hold a Hong Kong passport or were born in Hong Kong should discuss the ramifications of this order with an immigration attorney. At this point, PIPS Advisors do not anticipate J-1 or H-1B sponsorship being immediately impacted, but we will send out additional information if that changes.
Finally, as a reminder, international travel is not advised.
July 7, 2020 - Frequently Asked Questions about Current U.S. Executive Orders
In response to interest in recent Executive Orders, PIPS has compiled a list of Frequently Asked Questions (FAQs) about the various policies currently restricting the admission of foreign nationals into the U.S.
If you are unsure which questions to ask, please also see the companion flowchart to see how this network of policy restrictions might apply to you.
June 23, 2020 - Coronavirus Information for Foreign Nationals
Learn about travel restrictions and other pandemic-generated, visa-related news that could affect you and your dependents here.
June 22, 2020 - Proclamation Suspending Entry of Certain H, J and L visa holders
On June 22, 2020, President Donald Trump issued the Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. The proclamation goes into effect at 12:01 A.M. eastern daylight time on June 24, 2020 and will remain in effect until December 31, 2020 with the possibility of an extension.
The main scope of the new order is to limit new visa holders from entering the U.S.
For our community, this proclamation primarily affects:
- People seeking entry into the U.S. as H-1B visa holders (exceptions can be made for H-1B visa holders seeking entry to provide care to COVID patients or perform COVID research).
People seeking entry into the U.S. in some J-1 categories (including intern and trainee). It does NOT impact J-1 visa holders sponsored by PIPS, J-1 student interns sponsored by the Harvard International Office for our hospitals or J-1 visa holders sponsored by ECFMG.
This proclamation does NOT affect:
- People who are in the US when the proclamation goes into effect.
- People who have valid visa stamps as of the date the proclamation goes into effect.
- People seeking to extend their status (I.e., issue a new DS-2019 or file an H-1B extension) in the U.S. or change their status in the U.S. (file a request to change from F-1 to H-1B).
The PIPS team continues to strongly advise against international travel. Several country specific travel restrictions remain in place including for Brazil, China, Iran, and much of Europe.
If you have questions on this topic, please refer to our Frequently Asked Questions (FAQs), and its companion flowchart.
May 29, 2020 - Presidential Proclamation Restricting Certain Researchers and Students from China
On May 29, 2020, President Donald Trump issued the Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China.
The proclamation suspends entry into the United States of any national of the People's Republic of China (PRC) on an F or J visa to study or conduct research in the United States who either:
- Currently "receives funding from or who currently is employed by, studies at, or conducts research at or on behalf of... an entity in the PRC that implements or supports the PRC’s 'military-civil fusion strategy'," or
- In the past, "has been employed by, studied at, or conducted research at or on behalf of... an entity in the PRC that implements or supports the PRC’s 'military-civil fusion strategy'"
Under the proclamation, the term “military-civil fusion strategy” means actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities." The following are exempt from the proclamation:
- F and J visa holders pursuing undergraduate studies.
- Graduate students and researchers who do not have any of the specific current or past funding, employment, study, or research nexuses with "an entity in the PRC that implements or supports the PRC’s 'military-civil fusion strategy'.
- Lawful permanent residents and spouses of lawful permanent residents.
- Anyone who is studying or conducting research in a field involving information that would not contribute to the PRC’s military-civil fusion strategy, as determined by the Secretary of State and the Secretary of Homeland Security.
In addition, the Secretary of State will have the discretion to determine whether nationals of the PRC currently in the United States pursuant to F or J visas should have their visas (travel document in passport) revoked because of involvement in the PRC’s military-civil fusion strategy.
Within 60 days, relevant members of the U.S. government will recommend to the President any other measures requiring Presidential action that would “mitigate the risk posed by the PRC’s acquisition of sensitive United States technologies and intellectual property."
At this point, there has been no indication how the U.S. government will identify which PRC students and researchers should be subject to these new restrictions. We will provide more information as it becomes available.
April 23, 2020 (updated) - Executive Order Bars Entry for New Immigrant Visa Holders through End of 2020
On June 22, 2020 President Trump has extended an April 23, 220 executive order which set new travel restrictions on some green card applicants. Read PIPS memo on the order here.
February 26, 2020 - Inadmissibility on Public Charge Grounds Final Rule Is Now in Effect
The U.S. Supreme Court has allowed USCIS to begin implementing its Inadmissibility on Public Charge Grounds final rule on February 24, 2020. This new rule will require the government to determine whether applicants for visas, or foreign nationals seeking permanent residency are likely to become a public charges “at any time” in the future. The rule also has potential impacts for current visa holders in the U.S. who have accepted public benefits.
To learn more, please carefully review PIPS’ latest memorandumwhich summarizes types of U.S. government benefits and the potential consequences of receiving them.
February 10, 2020 - Expanded U.S. Travel Ban for certain nationals from six countries
The Trump administration is expanding its travel ban to include certain nationals from Eritrea, Kyrgyzstan, Myanmar (Burma), Nigeria, Sudan, and Tanzania. The effective date is February 21,2020 and there is currently no expiration date for the travel ban. Unlike prior travel bans enacted by the administration, this new ban is aimed only at the issuance of new immigrant visas (green cards) for those who are not physically in the United States. Foreign nationals from the countries listed above can still apply for nonimmigrant visas (J-1, F-1, H-1B etc.). Foreign nationals from the countries listed above who are currently in a valid visa status (ex: J-1, F-1, H-1B, etc.) will not be impacted by the travel ban.
Please see the following fact sheet about this new travel ban (external link): https://pennstatelaw.psu.edu/sites/default/files/Expanded%20Travel%20Ban%20Fact%20Sheet%20FINAL.pdf
February 6, 2020 - U.S. District Court Blocks Unlawful Presence Memo
On May 3, 2019 a preliminary injunction was issued, which has temporarily stopped the enforcement of the 2018 Unlawful Presence Memorandum.
On February 6, 2020, the U.S. District Court for the Middle District of North Carolina issued a permanent nationwide injunction blocking the 2018 USCIS policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status.
2019
June 21, 2019 - Consulates Collecting Social Media Information from Visa Applicants
On May 30, 2019, the U.S. Department of State (DOS) added a social media question to Form DS-160, which is the standard online application used to apply for a nonimmigrant visa (e.g., J-1, H-1B etc.) to enter the United States. The new question requires applicants to list identifiers or handles for any social media platform they have used during the last five years. The drop-down list includes 20 popular social media outlets, including: Facebook, Instagram, LinkedIn, Pinterest, Reddit, Tumblr, Twitter, and YouTube. It is important to remember that any information publicly available on a social media account, including employment details, could provide grounds for further questioning. Visa applicants should make sure their social media settings and profiles are up to date and be prepared to answer questions regarding information available on their social media accounts.
May 3, 2019 - Temporary Restraining Order in Unlawful Presence Litigation
On May 3, 2019 a preliminary injunction was issued, which has temporarily stopped the enforcement of the 2018 Unlawful Presence Memorandum.
“The Court therefore concludes that, under the circumstances of this case, a nationwide preliminary injunction is appropriate. Defendants shall be enjoined from enforcing the policy set forth in the August 2018 Policy Memorandum, in all its applications nationwide, pending resolution of this lawsuit.”
Although the 2018 policy guidance is temporarily suspended the lawsuit is still pending. As litigation is still underway this is an evolving area and further updates will be posted once it is available.
2018
August 22, 2018 - New Immigration Policy Changes
Without changing the law, the Trump Administration is revising federal policies in order to constrain immigration to the U.S. These changes are set to take effect in the coming weeks and will dramatically shift the U.S. immigration landscape.
Despite uncertain timelines and implementations, these policies will almost certainly impact our visa populations. Employers and employees should not assume that immigration practices that have worked in the past will be successful in the current immigration environment.
To learn more, please carefully review PIPS’ latest memorandumwhich summarizes three new policies and provides best practices and general guidance.
August 9, 2018 - Avoiding Unlawful Presence and Maintaining Status
A new USCIS policy goes into effect today, August 9, 2018, that fundamentally changes how the agency would determine that a visa violation makes a J or F status holder subject to a bar on re-entry to the United States. “Unlawful presence” now begins accruing the day after the infraction, rather than after a formal finding of status violation.
PIPS has also recently received several inquiries that assumed a foreign national who had already left their H-1B sponsor employer had a 60 day grace period to find a new sponsor. Such grace periods are not an automatic benefit of H-1B status and H-1B visa holders should not rely on being able to maintain status in the U.S. based on the 60 day rule.
In light of this significant policy shift and these recent requests, PIPS invites departments and foreign nationals to review their compliance efforts and make certain that they follow certain best practices outlined in our memo.
July 25, 2018 - Updates on Legalization of Marijuana and Border Searches
Despite changes to Massachusetts and Vermont state law in 2018 that will legalize some form of marijuana usage, the United States federal government still considers marijuana possession a federal offense. Because the federal government, not the states, has jurisdiction over immigration matters, if a non-citizen admits to an immigration official that he or she has ever possessed marijuana, that non-citizen can face serious immigration problems. Read the PIPS memorandumto learn more.
2017
December 6, 2017 – Court Action on Travel Restrictions
On December 4, 2017, the United States Supreme Court lifted the temporary restraining orders of two federal courts that blocked the travel restrictions issued on September 24, 2017. The Presidential Proclamation issued on that date is in effect while legal challenges proceed; review the current travel restrictions here.
September 29, 2017 - New Travel Restrictions
On October 17, 2017, shortly before implementation of the majority of the September 24 Presidential Proclamation, two judges temporarily blocked new travel restrictions on nationals of Chad, Iran, Libya, Syria, Somalia, and Yemen. Citizens of North Korea and Venezuela will face the bars issued in the Proclamation.
Click here for PIPS' summary of the original travel ban and the March 2017 Executive Order which led to it.
September 15, 2017 - DACA Set to End in 2018
U.S. Attorney General Jeff Sessions announced on September 5, 2017, that the Deferred Action for Childhood Arrivals (DACA) program will be phased out as of March 5, 2018. The United States Department of Homeland Security (DHS) issued a memo and FAQs in connection with the announcement.
Please understand, DACA was a unique program created by an Executive Order. For the current administration to change F-1, J-1, or H-1B regulations, action by Congress is required.
Click here for PIPS' summary of the issues that will impact DACA recipients and employers. The Council for Global Immigration (CFGI) has also prepared a set of FAQs in response to the announced phase out.
June 30, 2017 - U.S. Supreme Court Partially Reinstates Travel Ban
On the final day of its term, the U.S. Supreme Court agreed to hear the Government's appeal of the U.S. Appeals Court's stay of the President's revised Executive Order. The Court also reinstated parts of the travel ban, effective June 29, 2017, although the Court has permitted citizens of the affected countries to travel to the U.S. provided they could prove a "bona fide relationship" with a U.S. person or entity.
In response, PIPS has compiled resources to help affected foreign nationals safely cross U.S. borders.
Read PIPS' guidance on the reinstated portion of the Executive Order here.
April 6, 2017 - Information Security for International Travelers
Several of the U.S. government’s new immigration-related enforcement priorities focus on travelers’ electronic devices and the information contained therein. In response, PIPS has compiled resources to help both foreign nationals and U.S. citizens navigate this new environment to safely cross U.S. borders.
View the PIPS' compilation of information security resources here.
March 6, 2017 - New Executive Order
On March 15, shortly before the implementation of the March 6 revised Executive Order, federal court judges in Maryland and Hawaii issued Temporary Restraining Orders (TROs) blocking the travel ban nationwide. A bill was also introduced in the Senate (S. 608) to rescind the Executive Order. Please check the PIPS website for updates on the pending litigation.
Read PIPS' full guidance on the March 6 Executive Order here.
February 10, 2017 - Update on Litigation and Travel FAQs
On Thursday evening February 9, 2017, the Ninth Circuit Court of Appeals denied the government’s emergency motion for a stay on the District Court’s temporary restraining order, which prevented government agencies from enforcing the 90-day travel ban included in the Executive Order issued on January 27, 2017. While the entry ban is suspended for now, litigation continues and travelers should exercise caution.
View the full text of PIPS' guidance here.
In addition to last week's travel tips, PIPS has released a set of Frequently Asked Questions (FAQs) regarding travel for visa holders. Click hereto view the new travel FAQs.
February 6, 2017 - Updated International Travel Tips for Visa Holders
The "Protecting the Nation from Terrorist Attacks by Foreign Nationals" Executive Order that went into effect on January 27 and was temporarily restrained on February 3 has created significant worry and stress among visa holders and U.S. permanent residents. This order has led to the circulation of multiple, sometimes contradictory, rumors of further changes to U.S. immigration policy. The full list of travel tips for visa holders is located here.
January 31, 2017
PIPS has received many phone calls and email inquiries from U.S. permanent residents and visa holders from all countries concerned about international travel and visa renewal. Please be aware that if you or your family members are from countries not included in the Executive Order your travel is not likely to be affected.
Read the full announcement here.
Initial Guidance - January 27, 2017
Read the full announcement here.