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Biden Administration’s Current U.S. Travel Restrictions and Revised National Interest Exception Criteria

The ongoing COVID-19 pandemic has resulted in numerous presidential proclamations restricting travel and entry into the United States. Likewise, since the pandemic began, the criteria for “national interest exceptions” (NIEs)...more

State Department Issues Guidance on National Interest Exceptions to Proclamations Suspending Entry of Certain Foreign Nationals

On August 12, 2020, the U.S. Department of State issued guidance on scenarios that may qualify for a “national interest exception” under Presidential Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of...more

USCIS to Consider Second Period of Satisfactory Departure

U.S. Citizenship and Immigration Services (USCIS) recently announced that it will consider granting a second 30-day period of Satisfactory Departure to Visa Waiver Program (VWP) travelers who were already granted Satisfactory...more

Supreme Court Clears Department of Homeland Security’s Public Charge Rule to Go Forward Nationwide; Department of State Follows...

In a 5–4 decision on February 21, 2020, the Supreme Court of the United States ruled in Wolf v. Cook County, Illinois (No. 19A905) in favor of staying an Illinois district court’s injunction blocking the Trump...more

Employer Alert - Coronavirus Travel Restrictions Update

On February 2, 2020, the United States joined a growing list of countries that have implemented travel restrictions for those at risk of transmitting the 2019 Novel Coronavirus (2019-nCoV). Below is a summary of the measures...more

USCIS to Begin Implementing Public Charge Rule as of February 24

On January 30, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin implementing the new public charge regulations on February 24, 2020. The regulations broadly expand the list of public...more

Supreme Court Rules in Favor of Trump Administration, Allows Implementation of Public Charge Rule

On January 27, 2020, the Supreme Court of the United States ruled 5-4 in favor of allowing the Trump administration to begin applying its revised public charge rule. The rule’s implementation was blocked in October 2019 by...more

New USCIS Policy Guidance Alters Criminal Sentence Evaluation, Clarifies Definition of “Good Moral Character”

U.S. Citizenship and Immigration Services (USCIS) recently adopted new policy guidance altering the way immigration officers evaluate criminal sentences and make good moral character determinations. These changes may impact a...more

Judge Issues Preliminary Injunction Blocking Health Insurance Mandate

On November 26, 2019, a federal court in Oregon issued a nationwide preliminary injunction blocking the Trump administration from implementing a presidential proclamation that would have required immigrant visa applicants to...more

Supreme Court Hears Oral Argument on Ending DACA

On November 12, 2019, the Supreme Court of the United States heard oral argument on the legality of the Department of Homeland Security’s (DHS) decision to terminate Deferred Action for Childhood Arrivals (DACA), an Obama-era...more

DHS Extends Temporary Protected Status Designation for Six Countries

The Department of Homeland Security (DHS) has announced that it will automatically extend the validity of temporary protected status (TPS) documents and work authorization for qualified beneficiaries from El Salvador, Haiti,...more

Federal Court Temporarily Blocks Health Insurance Requirement for Immigrant Visa Applicants

On November 2, 2019, the U.S. District Court for the District of Oregon issued a temporary restraining order, blocking the Trump administration from enforcing a recent presidential proclamation requiring health insurance for...more

President Trump Introduces Health Insurance Requirement for Immigrant Visa Applicants

According to a proclamation issued by President Donald Trump on October 4, 2019, the U.S. Department of State will begin issuing immigrant visas only to those foreign nationals who will have health insurance once admitted to...more

New York District Court Blocks Implementation of Public Charge Rule

On October 11, 2019, the U.S. District Court in the Southern District of New York ordered a preliminary injunction blocking the implementation, by the U.S. Department of Homeland Security (DHS), of President Donald Trump’s...more

Supreme Court to Hear DACA Appeal

The Supreme Court of the United States has agreed to hear the appeals over the termination of the Deferred Action for Childhood Arrivals (DACA) program during its next term. In its order, the Court consolidated three pending...more

New State Department Social Media Requirement Expected to Cause Delays

Foreign nationals are now required to provide a five-year history of social media usernames, telephone numbers, and email addresses when applying for U.S. nonimmigrant or immigrant visas. The plan to require more information...more

Termination of TPS Halted for Honduras and Nepal

The Department of Homeland Security (DHS) has agreed to stay the termination of temporary protected status (TPS) for Honduras and Nepal pending the outcome of Ramos v. Nielsen. In addition to the stay, DHS has also agreed to...more

DHS Announces That It Will Issue 30,000 Additional H-2B Visas in Response to High Demand

After a tumultuous filing period for the second half of fiscal year (FY) 2019, employers that rely on H-2B seasonal workers received some good news. The U.S. Department of Homeland Security (DHS) has agreed to issue up to...more

Judge Orders Nationwide Preliminary Injunction Blocking Enforcement of Automatic Accrual of Unlawful Presence

The U.S. District Court for the Middle District of North Carolina has issued a nationwide preliminary injunction halting the enforcement of the Trump administration’s August 2018 policy memorandum that changed when “unlawful...more

Trump Administration Focuses on Deterring Visa Overstays

President Donald J. Trump has issued a memorandum aimed at reducing the number of visa overstays in the United States. The administration says those overstays undermine the integrity of the immigration system and harm the...more

President Trump Extends Deferred Enforced Departure for Liberians Days Before Deadline

On March 28, 2019, President Trump extended the wind-down period for deferred enforced departure (DED) for Liberians through March 30, 2020. The extension delays the termination of DED for Liberia, which was scheduled for...more

USCIS Reports on Lagging Processing Times

U.S. Citizenship and Immigration Services’ (USCIS) processing times continue to lag compared to previous years, according to data recently released by the agency. This is especially true for foreign nationals with pending...more

Pack Your Bags and Your Documents - Holiday Travel Tips for Foreign Nationals

The busy holiday travel season is upon us. With it comes the potential for longer processing times and altered holiday schedules at airports and U.S. consulates and embassies abroad. Foreign nationals who plan to travel...more

CPB Encourages Travelers to Apply for ESTA 72 Hours Before Travel

U.S. Customs and Border Patrol (CBP) is encouraging international travelers to apply for Electronic System Travel Authorization (ESTA) as early as possible, but no later than 72 hours before they plan to travel to the United...more

Déjà Vu - President Trump’s New Asylum Rule Raises Questions About Presidential Authority Similar to the Travel Ban

A federal judge has blocked the Trump administration’s recent immigration policy barring individuals from seeking asylum if they entered the United States anywhere other than at an official port of entry. Judge Jon S. Tigar...more

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