U.S. Announces Travel Restrictions to Be Lifted

U.S. Announces Travel Restrictions To Be Lifted

White House pandemic coordinator, Jeff Zients, announced a new international air travel system that will allow travelers abroad to enter the U.S. once again. Zients stated that the new system “enhances the safety of international air travel” and would allow COVID-19-based travel bans to end in early November for those who are fully vaccinated against the virus. The existing requirements for COVID-19 tests will remain, even for fully vaccinated travelers. Individuals wishing to travel to the U.S. need to show proof of a negative test within three days of their planned entry to the U.S. Masks will still be required, but quarantine mandates are not expected.

Americans who are abroad will have stricter testing requirements if they remain unvaccinated. The individuals may also be contacted by officials after arrival to see if they are experiencing any COVID-19 symptoms.

The Centers for Disease Control and Prevention is expected to announce a process for airlines to help implement a contact-tracing system by collecting phone numbers and email addresses of travelers. Zients stated: “This will enable CDC and state and local public health officials to follow up with inbound travelers and those around them as someone has potentially been exposed to COVID-19 or other pathogens.” The CDC will also release the list of vaccinations that will be acceptable before the new policy goes into effect.

Are you currently in a country subject to travel bans? 

If you have an urgent need to travel in the next few weeks, the existing travel restrictions will still be in place. You can request an emergency appointment and National Interest Exception if you qualify. However, the timeline for getting these approvals may be longer than a few weeks and therefore moot after the restrictions are lifted in November.

Check with your medical provider to determine if international travel and the current requirements are recommended for you. Note that some of the most popular vaccines require two doses, several weeks apart. If you wish to travel in November, consider scheduling your vaccination appointments early so that all required doses can be completed. If the vaccines available to you abroad are not currently approved for use in the U.S., you should check the CDC list of approved vaccines after it it is released (expected soon).

The consular posts are still subject to significant backlogs for visa appointments as posts are subject to country-specific operating conditions. Although you may be allowed to enter the U.S., obtaining visa stamping in a timely manner is expected to remain challenging in the coming months.

Resources

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Department of State Visa Backlog Update

Only have a few minutes? Here are the key takeaways:

  • In January of 2020, the NVC backlog was at 80,000. Fifteen months later, the current number of applicants that are ready for interviews is 481,965.
  • DOS is prioritizing family unification with four priority tiers:

    Tier 1
    are family-based immediate relative visas and adoption-based visas, as well as age-out cases and certain special immigrant visas.
    Tier 2 is going to be other immediate relative visas for spouses, fiancés, parents, and returning resident visas.
    Tier 3 is family preference visas, other special immigrant visas for certain employees of the US government
    Tier 4 includes all other immigrant visas, including employment-preference visas and diversity visas.
  • Fiance visas are part of a National Interest Exemption and are not subject to geographical travel restrictions.
  • The Diversity Visa is a fiscal year program, so as regulations currently stand, all visas must be issued or approved by September 30, 2021 or else they cannot be utilized.
  • DOS is urging patience as consular posts continue to deal with the effects of the pandemic.

Summary of Q & A with Department of State’s Neal Vermillion

Neal Vermillion is a division chief in the Visa Office of the Bureau of Consular Affairs. His division is the Office of Field Operations, which provides guidance to consular sections, embassies, and consulates around the world. He has served for the DOS since the early 2000s all over the world in different field offices and consulates. He is glad to have the opportunity to talk and answer questions about the unprecedented situation with the visa backlog.

 This event is intended to address issues of general interest related to the content of the visa backlog. Questions and answers have been paraphrased and should not be interpreted as verbatim quotes.

Neal would like to go over the recent history of the backlog as a primer before beginning his Q&A:

Overseas immigrant visa processing has been shut down due to the pandemic for the past year, which has affected the immigrant visa backlogs in an interesting way. Last spring, President Trump signed Presidential Proclamation 10014, which prevented the issuance of many immigrant visas. There are still many geographic proclamations in effect which have been issued to protect the health and security of Americans. Proclamations are in effect which cover 33 countries. These issues have all contributed to the creation of an unprecedented backlog. Getting out of the backlog is an ongoing process, although it will be hindered by the ongoing nature of the pandemic.

The reopening process has been hampered by slow vaccination rates outside of the United States, where the pandemic remains a much more serious problem. Neal would like the listeners to know that the Department of State is aware of the problems that visa applicants face and is committed to providing relief and decreasing the Immigrant Visa backlogs.

What is the DOS doing to decrease the visa backlogs worldwide? 

We are fully committed to reducing that backlog, and honestly keeping people informed is part of that effort, which is part of why we’re doing this. I also want to highlight that we have started posting in the last month and will update monthly on our travel.state.gov the stats of the immigrant visa backlog. The National Visa Center – the current number of applicants that are ready for interviews is 481,965 – this is up from January’s figure of 408,255. For comparison, in our last normal month of processing, back in January of 2020, almost fifteen months ago, we had a backlog of 80,000 then. That number will fluctuate over time, and it does not change in a linear way.

In terms of what we’re doing, we’re throwing all available resources that we can at the backlog and we’re telling our overseas consular sections and our embassies and consulates overseas that, after services to US citizens, processing of immigrant visas and fiancé visas is our number one priority. Please understand we are continuing to deal with circumstances on the ground, and our ongoing response to the backlog will depend on these circumstances. We are trying to process these applicants as quickly and safely as possible.

How are IV applicants being prioritized?

We have an article on travel.state.gov from our newsroom that details this, but I’ll answer here as well. Basically, we have many immigrant visa categories. We have relatives, we have employment visas, we have family visas, we have diversity visas.

We don’t want to prioritize any of these categories, however, during the pandemic, we’ve been forced to make difficult decisions on how our consular sections should prioritize different visas. As we develop a framework for prioritization, the principle that underlies our plan is the prioritization of family reunification. It’s a clear priority of the US government, it is a clear priority in the INA, it is specifically our prioritization guidance that we have given publicly as well as to our consular sections. Our guidance relies on a clear direction from Congress that requires the adoption of policy that prioritizes family reunification.

We’ve given our divided immigrant visa work into four priority tiers. We have directed consular sections where it is possible to schedule appointments within all four priority tiers. The majority of the applications that a section will process if they are able to are going to be within the first two tiers.

Tier 1 are family-based immediate relative visas and adoption-based visas, as well as age-out cases and certain special immigrant visas.

Tier 2 is going to be other immediate relative visas for spouses, fiancés, parents, and returning resident visas.

Tier 3 is family preference visas, other special immigrant visas for certain employees of the US government

Tier 4 includes all other immigrant visas, including employment-preference visas and diversity visas.

As mentioned, we’re going to try and do as much as we can for each of those tiers. Some consular stations are processing some cases from each of these tiers.

Will DV 2021 selectees be able to get an interview before the September 30, 2021 deadline?

Diversity visas are a hot topic; we’ve gotten this question before.

The good news is that Presidential Proclamation 10014 has been rescinded, so for the first half of this fiscal year, we were unable to process diversity visas due to that proclamation. As I’m sure people who are interested in diversity visas know, that program is specific to each fiscal year. I can tell you that our colleagues that are responsible for this program, which is the Consular Center, has begun to schedule and process documentarily qualified visas. We truly value the diversity visa program and are going to do what we can.

That said, this pandemic is unpredictable. We’ve seen spikes in the past month in South Asia and in other places. It’s impossible to forecast how many DVs we will issue this year. It is very likely that we will not be able to issue all of the diversity visas this year. 55,000 is the maximum we are able to issue each year.

Obviously last year we weren’t able to get as close to that ceiling as we like. We are committed to doing as much as possible. As has been mentioned earlier, we have local conditions and restrictions that have forced us to prioritize. We are going to do as much as we can before the end of the fiscal year, but it will not be near the 55,000 allowed by the statute.

Will DV 2020 selectees who were not interviewed prior to September 2020 be interviewed?

I understand the frustrations of the selectees from last fiscal year. It’s kind of the opposite of what happened this year, where we processed smoothly for the first half of the year and then were interrupted by COVID.

To go back to what I said earlier, the diversity visa program is a fiscal year-specific program. Applicants who were refused because of that proclamation last year cannot be interviewed. The terms of these programs – the fact that it is specific to fiscal year is outlined in the statute. It’s unfortunate, but there’s nothing we can do about it.

If you did win and were selected for DV 2020, you can enter future DV lotteries.

That’s a great point, and I know many many people apply for the program year after year after year, and after fifteen years they finally get it. There are no guarantees, of course, it is a selection process.

Why can’t immigrant visa applicants be interviewed virtually?

Good question. Obviously, we’re doing Zoom and YouTube here, technology has changed quite a bit. I’ll give you a straightforward answer – maybe not the most welcome answer – immigrant visa applicants are required by statute to be interviewed in person. As a consular officer who has worked in the field, there are some benefits I should talk about with this process:

National security is our top priority when we adjudicate these applications. Each prospective traveler undergoes extensive screenings. Part of that is that our officers not only look at the visa application, but they also talk to the applicant to make an informed decision about whether the person is eligible or whether there are any national security concerns.

Can you talk about K-1 visas specifically and where they are on the priority list?

K-1 visas are a priority, as I mentioned earlier, we have four tiers of immigrant visa priority, and that the majority of consular sections will be focusing on the first two tiers. Fiancé visas are in that tier as well, along with spousal visas and immediate relative visas in our tier 2. They are a focus. Depending on the post, the backlogs in these cases may be longer than others.

You mentioned for fiancée visas specifically that the geographic proclamations no longer affect those visas?

That is correct. That’s worth reinforcing, since just last month. There is a National Interest Exception. There is a blanket declaration from the Secretary of State that these are a National Interest Exception.

How long does it take to process a current EB I-485 application?

I can’t really get into that, because I’m not an expert. There are so many areas that influence processing time. As many of you know, most immigrant visa applications start with a petition filed with USCIS, and that’s an area I can’t really get into. USCIS I’m sure is facing their own resource constraints, their own pandemic restraints.

Most of our immigrant visa cases get routed through the National Visa Center, which also has its own processing. It takes time, and sometimes people submit documentation that’s not complete, and it takes time to go back and get that documentation, so – public service announcement, please make sure your application is documentarily complete before sending.

At the end, if you have cases sitting in the National Visa Center that we are able to schedule, it comes down to individual posts. I’m not even able to answer that question directly. On the positive sign, we don’t have a proclamation preventing us from processing cases directly, and many of our posts have started resuming services. As of a week or two ago, there were a dozen posts that were not doing immigrant visas. Some were COVID related, such as the spike in South Asia for example, and some were not COVID related, such as Burma and Russia, for example.

Do you know about the status of the KCC backlog processing Diversity Visas? It’s been months.

The KCC, I talked with my colleagues there, and my advice is to just be patient. They are processing as much as they can in the order in which the cases are received. For those of you who are waiting for scheduling, please wait until you are contacted by your particular embassy or consulate. I’ve seen other questions about KCC, and their leadership has reminded me to tell you that if you’re used to calling KCC, they had to send the entire staff home due to the pandemic spike last fall. They used to accept phone calls, they don’t anymore. It’s best to get in touch with KCC via email, although their email system is also backlogged. They are doing their best, please be patient. KCC will get to them, and I encourage you not to send a second or third or fourth follow up. We’re trying to get as many DVs scheduled as we can.

Why are there zero interviews scheduled except for a few expedite cases in the F2 category?

Again, I’m not sure if I can get into each specific category because there are so many factors. Certain posts are able to schedule interviews, depending on their local restrictions. I understand you had on my colleague Charlie Oppenheim who can provide more details on when numbers are available for scheduling, and when they can be called “current.” It really comes down to the particular circumstances in that country.

To get back to the tiers, family preference immigrant visas are in the third priority tier. We are trying to process some, for posts that have backlogs, their emphasis will be on processing fiancés and immediate relatives.

For the Tier 1 category of visa preference, do applicants receive their interview appointment without waiting for the first and the fifteenth of the given months or will the 2NL be sent with no wait time?

This goes back to where we have a multi-step process to talk about. What the NVC does is one thing. The case might be ready to be processed pretty quickly, but a certain consular section or embassy or consulate may not be ready to accept those cases. Many consular posts have determined that they are not planning to accept new cases from the national visa center for the next several months. They will work through those and other high-priority cases before scheduling anything new.

If I have an I-485 AOS done in OCT 2020 for an EB-3, can we request our medicals now before a request is made by USCIS?

I would just follow the directions that are given by the NVC and USCIS. The answer to that is probably gonna be a no, just because the medicals come later in the process. You can tell from this conversation that a lot of my discussion is going to be general. I’m not able to talk about any individual case.

Are there any plans to increase staff?

Good question. I’m not the resources guy, so I wouldn’t be the person to ask about that. I’d love to have more staff, but this is not purely a staffing issue. If the world were perfect, Congress would now where to put its resources for staffing – first of all, staffing takes a significant amount of time with training and all that, but the important points that in many of these backlog cases, the backlog is coming from those other factors I’ve talked about – the Presidential Proclamations, the fact that we’ve had to shut down, and the closures at consulates and embassies. It’s going to be a non-linear process, but we will get there as quickly and safely as we can.

Do embassies prioritize medical professionals such as nurses under the EB-3 category?

Good questions. EB-3 is an employment preference category, which would put in priority tier 4. We recognize the importance of medical professionals, our posts are doing their best to process as many as they can, but there are certain exceptions, but at this time all employment-based preferences are in the lowest tier of priority. It really depends on your consular section.

Is It possible to maintain or go back to regular capacity by providing a COVID test less than 72 hours before an appointment?

That’s a really good question, and I applaud the creative thinking, but, unfortunately, each consular section is operating in a different locality. We need to follow the local guidelines for shutdowns and social distancing while also following CDC guidelines for operations.

Why would consulates not book IR-1 or CR-1 interviews?

IR-1s are immediate relatives, so without knowing the specific circumstances of the consulate that you’re talking about, I can’t comment on why interviews are not being scheduled. Again – patience, patience, patience. In that particular locale, the list is probably long, and circumstances are probably preventing the processing of immediate relatives, and they’re working through it as fast as they can.

Have you actually ordered all embassies to resume IV processing? What are you doing to ensure that posts are following orders?

No, posts have not been ordered to resume IV processing. Let me review the guidance that we’re talking about: We need to prioritize the health and safety of our applicants and our staff, and about the people who come into contact with those people. We cannot order a consular section overseas to proceed if it is unsafe to do so. What I can say though is that, as they are safe to reopen, consulates must follow the prioritization guidelines I mentioned earlier. Please be patient. It’s not an easy situation for any of us.

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India Travel Restrictions & Resources

Restrictions on Travel From India

Effective May 4, 2021, India was added to a list of countries with restrictions on entry to the United States. Other countries with restrictions include Brazil, China, Iran, Ireland, Schengen Area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland), United Kingdom, and South Africa. Certain travelers physically present in these countries during the 14 days prior to their planned or attempted U.S. entry, are restricted from entering the U.S. The proclamation notes that India accounts for over one-third of new global cases and a variant strain is circulating throughout the country. The proclamation also stated that the CDC determined the variants have “characteristics of concern, which may make them more easily transmitted and have the potential for reduced protection afforded by some vaccines.”

Exceptions

Immigrants, U.S. citizens, and lawful permanent residents (LPRs) are not subject to the India travel ban proclamation. Other exceptions include:

  • Spouses of U.S. citizens or lawful permanent residents
  • Parents or legal guardians of U.S. citizen or lawful permanent resident (if the child is unmarried and under the age of 21)
  • Siblings of U.S. citizens or lawful permanent resident (if they are both unmarried and under the age of 21)
  • Children, foster children, or wards of U.S. citizens or lawful permanent residents
  • Prospective adoptees seeking to enter U.S. under IR-4 or IH-4 visa classifications
  • C-1, D, C-D crewmembers as air or sea crew
  • Noncitizens traveling at the invitation of the U.S. government related to the containment or mitigation of the virus
  • Members of U.S. Armed Forces and their spouses and children
  • A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories) or whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement

National Interest Exceptions

The proclamation also gives authority to the Secretary of State, the Secretary of Homeland Security, or their designees to determine categories of noncitizens

  • Immigrants (not applicable to the restrictions under Proclamation 10199, which only covers nonimmigrant travel)
  • Fiancé(e)s
  • Students and certain academics covered by exchange visitor programs. Students subject to these geographic COVID proclamations due to their presence in India, China, Iran, Brazil, or South Africa may qualify for a National Interest Exception only if their academic program, including optional practical training (OPT), begins August 1, 2021, or later. Students with valid F-1 and M-1 visas intending to begin or continue an academic program, including OPT, beginning August 1, 2021, or later do not need to contact an embassy or consulate to seek an individual National Interest Exception to travel. They may enter the United States no earlier than 30 days before the start of their academic studies. Students seeking to apply for new F-1 or M-1 visas should check the status of visa services at the nearest embassy or consulate; those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for a national interest exception to travel.
  • Travelers who are seeking to provide vital support for critical infrastructure sectors or directly linked supply chains.
  • Journalists
  • Pilots and aircrew traveling to the United States for training or aircraft pickup, delivery, or maintenance, including individuals who are traveling to the United States on B-1/B-2, B-1, or M-1 visas, or Visa Waiver Program authorizations. This also includes certain M-2 dependents when the principal visa holder’s necessary training is four weeks or longer
  • Certain exchange visitors, including some au pairs, specialized teachers, travel in support of critical foreign policy objectives, etc.
  • Derivative family members accompanying or following to join a noncitizen who has been granted, would be reasonably expected to receive an NIE, or is otherwise not subject to the proclamations and who is engaging in certain types of long-term employment, studies, or research lasting four weeks or more
  • Travelers seeking to enter the U.S. for purposes related to humanitarian travel, public health response, and national security.

International Travel Tips

The Department of State advises “Travelers in these categories who wish to visit the United States and have a valid visa in the appropriate class, or who are seeking to apply for a visa, and believe they may qualify for a national interest exception should contact the nearest U.S. embassy or consulate before traveling.” The DOS website also notes that the Secretary of State may revise the national interest determinations at any time.

  1. Limit nonessential international travel and consider postponing essential travel. 
  2. If you absolutely must travel, check COVID-19 testing and quarantine requirements for each country on your itinerary. The U.S. requires a negative COVID-19 test within the 3 days prior to their inbound flight, but many countries require mandatory quarantines or prohibit entry if you have traveled through certain countries with restrictions.
  3. Check appointment availability and/or schedule your visa stamping appointment prior to departure. You should also consider the conditions where you are traveling. Some consulates and embassies can close or cancel appointments with no advance notice.
  4. Prepare for extended leave from the United States. Closures, additional travel restrictions, or lack of visa appointments could delay your return to the U.S. When you depart, consider that you could be stranded abroad for several months if conditions are unfavorable.
  5. Check the U.S. Embassy website for the latest COVID-19 information in India.

Many consulates are reporting no appointments available before October or November of this year. Some individuals whose appointments were scheduled for this spring now have additional scheduling delays of several months. If your request for an emergency appointment is rejected, you cannot attempt the request again, so be sure that the evidence you provide fully demonstrates your eligibility.

Already Have a Valid Visa? 

The travel ban is a suspension of entry if you have been physically present in one of the affected countries in the past 14 days. If you have a valid visa and the ability to travel to a country not on the list and quarantine for 14 days, you would still be able to enter the U.S. on your valid visa. You would still have to comply with any local restrictions in the third country, as well as COVID-19 testing requirements for U.S. entry, so be sure to check that testing is widely available in the third country. You should also maintain careful records of your flights and accommodations to demonstrate you have not been in the affected countries in the 14 days prior to your entry or attempted entry into the U.S.

Don’t Have a Valid Visa and Need Visa Stamping?

Most consular posts have explicitly stated that visas will not be issued and/or appointments will not be scheduled unless the applicant also qualifies for a National Interest Exception. Each post has a different process for obtaining approval for the NIE, so check the consulate’s website to confirm the latest procedures. Since regular appointments are not readily available, you may also be required to prove your eligibility for an emergency appointment. If you qualify for a drop box appointment, you must still provide evidence of your NIE eligibility.

Related Topics & Resources:

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