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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) has also evolved. On March 2, 2021, the U.S. Department of State issued updated criteria for NIEs relating to certain travelers from the Schengen Area, United Kingdom, and Ireland. Given the frequency of the changes, it can be difficult to track the current state of these matters. The following information is a summary of the latest updates with regard to U.S. travel restrictions.

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 Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”) and Presidential Proclamation 10014 of April 22, 2020 (“Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”). Citing economic disruptions caused by the COVID-19 pandemic, President Donald Trump issued the proclamations and temporarily suspended the entry of certain foreign nationals into the United States. Although both proclamations referenced exceptions for individuals “whose entry would be in the national interest,” formal guidance had not been released prior to this announcement.

On July 14, 2020, the U.S. Department of State announced that U.S. consulates and embassies around the world have begun a phased resumption of routine visa services. The Department of State did not provide a specific timeline for the resumption of routine visa services, stating instead that the schedule will depend on local conditions at each consular post.

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 Departure but who are unable to return to their home countries due to COVID-19.

On April 13, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that due to the COVID-19 pandemic, data entry and the generation of receipt notices would be delayed until at least May 1, 2020, for fiscal year (FY) 2021 H-1B cap-subject petitions.

On April 2, 2020, the Department of Homeland Security (DHS) announced that it is holding off on plans to issue additional H-2B visas. DHS had previously agreed to make an additional 35,000 visas available to seasonal employers after the visa quota (or cap) had been met for the second half of fiscal year (FY) 2020.

U.S. Citizenship and Immigration Services (USCIS) has announced that its field offices will remain closed to the public through May 3, 2020. All routine in-person services are suspended including biometrics appointments, naturalization ceremonies, and InfoPass appointments.

On March 30, 2020, U.S. Citizenship and Immigration Services (USCIS) announced the following policy updates in response to the COVID-19 pandemic.

On March 23, 2020, U.S. Immigration and Customs Enforcement (ICE) published answers to frequently asked questions by Student and Exchange Visitor Program (SEVP) stakeholders about the impact of COVID-19 on SEVP-certified schools and students on F and M visas.

U.S. Citizenship and Immigration Services (USCIS) field offices will remain closed to the public until at least April 7, 2020. The closure applies to routine in-person services at USCIS field offices, asylum offices, and Application Support Centers (ASCs), although emergency services may be available in limited circumstances.

In light of the COVID-19 health crisis, the United States has reached agreements with both Canada and Mexico to limit travel across their respective borders to “essential travel” beginning March 20, 2020.

The Department of Homeland Security (DHS) announced on March 20, 2020, that it will relax the in-person verification requirements of the Form I-9, Employment Eligibility Verification for employers operating remotely due to COVID-19. Beginning March 20, 2020, employers will not be required to review an employee’s identity and/or employment authorization documents while in the employee’s physical presence.

To prevent the spread of COVID-19, the Government of India has issued an order prohibiting all inbound international flights to India beginning March 22, 2020. The current ban is set to expire on March 29, 2020, but is subject to change.

On March 20, 2020, U.S. Citizenship and Immigration Services (USCIS) announced the immediate and temporary suspension of premium processing services for all Forms I-129, Petition for a Nonimmigrant Worker and Forms I-140, Immigrant Petition for Alien Workers due to COVID-19 pandemic. The suspension includes new premium processing requests for H-1B petitions, including cap-subject petitions for fiscal year (FY) 2021, and supersedes the FY 2021 premium processing schedule announced on March 16, 2020.

As of March 21, 2020, U.S. Citizenship and Immigration Services (USCIS) will accept electronically reproduced original signatures in lieu of “wet” signatures on all benefit forms and documents. USCIS implemented the temporary change as a result of the COVID-19 national emergency, and the change only applies to signatures.

Effective March 18, 2020, all U.S. Citizenship and Immigration Services (USCIS) field offices are temporarily closed to the public. USCIS has suspended all routine in-person services at its field offices, asylum offices, and Application Support Centers (ASCs) to help slow the spread of the coronavirus.