Business Immigration in a Minute by Honigman LLP

  • The White House announced last week in a daily briefing that it is plans to ease travel restrictions on all international travelers coming into the United States starting in early November 2021. The White House plans to rescind the current geographic COVID-19-related travel bans for individuals from China, Iran, the Schengen Area, United Kingdom, Ireland, Brazil, South Africa, and India and focus on solutions to deter the spread of COVID-19 based on individuals, rather than restrictions placed on countries and regions. In place of these bans, international travelers will be required to prove that they are fully vaccinated against COVID-19, as well as provide proof of a negative COVID-19 test within three days of boarding a flight to the United States. Exceptions will be available for children who are not eligible to receive the vaccine, COVID-19 vaccine clinical trial participants, and humanitarian exceptions for people traveling for an important reason and who lack access to vaccination in a timely manner. However, individuals who are exempted from this vaccine requirement may be required to be vaccinated upon arrival.

  • Since Social Security Administration (“SSA”) offices are currently closed to the general public unless individuals have an appointment, the U.S. Citizenship and Immigration Services (“USCIS”) E-Verify system provided a reminder that it has extended the timeframes that employees might take action on SSA Tentative Nonconfirmations (“TNCs”). USCIS issues a TNC when an employee’s information entered into E-Verify does not match the SSA’s records. Please see the additional guidance here on how employers should proceed with various circumstances regarding TNCs given the office closures.

  • U.S. Customs and Border Protection has extended border restrictions permitting only essential travel across the U.S.-Canada and U.S.-Mexico land borders through October 21, 2021. Essential travel includes travel by U.S. citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among other purposes. These restrictions do not affect air travel to the United States.

  • Following significant processing delays at Service Centers, USCIS announced that it is extending the timeframe that receipt notices can be used to show evidence of lawful permanent resident status from 18 months to 24 months for conditional lawful permanent residents with pending I-751 or I-829 petitions. Cases filed on September 4, 2021 or later will receive a receipt notice showing the new 24-month extension of status. Cases filed prior to September 4, 2021 that remain pending will receive a new receipt notice reflecting the 24-month extension of status.

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