Journey to the U.S. – Suspensions and Restrictions
The White Home has printed two Coronavirus Illness 2019 (COVID-19)-related proclamations regarding journey to america:
Jan. 31, 2020: Proclamation 9984, Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Individuals who Pose a Threat of Transmitting 2019 Novel Coronavirus. The proclamation cites Immigration and Nationality Act (INA) 212(f) to droop entry into america of all aliens (immigrants, nonimmigrants, and different non-U.S. residents) who have been bodily current throughout the Folks’s Republic of China, excluding the Particular Autonomous Areas of Hong Kong and Macau, throughout the 14-day interval previous their entry or tried entry into america. This coronavirus journey ban is efficient as of 5:00 p.m. EST on Feb. 2, 2020.
Feb. 29, 2020: Presidential Proclamation, Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Sure Extra Individuals Who Pose a Threat of Transmitting Coronavirus. The proclamation cites INA 212(f) to droop entry into america of all aliens (immigrants, nonimmigrants, and different non-U.S. residents) who have been bodily current throughout the Islamic Republic of Iran throughout the 14-day interval previous their entry or tried entry into america. This coronavirus journey ban is efficient as of 5:00 p.m. EST on March 2, 2020. This proclamation doesn’t apply to individuals aboard a flight scheduled to reach in america that departed prior to five:00 p.m. EST on March 2, 2020.
The proclamations present that the journey bans do not apply to any international nationwide who’s:
a lawful everlasting resident of america;
a partner of a U.S. citizen or lawful everlasting resident;
a mum or dad or authorized guardian of a U.S. citizen or lawful everlasting resident, supplied that the U.S. citizen or lawful everlasting resident is single and underneath the age of 21;
a sibling of a U.S. citizen or lawful everlasting resident, supplied that each are single and underneath the age of 21;
a baby, foster baby, or ward of a U.S. citizen or lawful everlasting resident, or a potential adoptee in search of to enter america pursuant to the IR-Four or IH-Four visa classifications;
an alien touring on the invitation of america authorities for a objective associated to containment or mitigation of the virus;
C (transit) or D (air or sea crewmember) nonimmigrants;
in search of entry into or transiting america pursuant to an A-1, A-2, C-2, C-Three (as a international authorities official or speedy member of the family of an official), G-1, G-2, G-Three, G-Four, NATO-1 by means of NATO-Four, or NATO-6 visa;
an alien whose entry wouldn’t pose a major threat of introducing, transmitting, or spreading the virus, as decided by the CDC Director or his designee;
an alien whose entry would additional necessary United States legislation enforcement targets, as decided by the Secretary of State, the Secretary of Homeland Safety, or their respective designees based mostly on a suggestion of the Legal professional Basic or his designee; or
an alien whose entry can be within the nationwide curiosity, as decided by the Secretary of State, the Secretary of Homeland Safety, or their designees.
For international nationals not excluded by the ban, the proclamations direct the Secretary of Homeland Safety to ascertain requirements and procedures at and between all U.S. ports of entry to control the journey of individuals and plane to america to facilitate the orderly medical screening and, the place acceptable, quarantine of individuals who enter america and who could have been uncovered to the virus. “Such steps could embody directing air carriers to limit and regulate the boarding of such passengers on flights to america.” See Proclamation 9984.
Closures of USCIS/DHS/DOS places of work
Questions and Solutions
Query: Ought to employers permit sponsored staff to journey for visa interviews?
Reply: If a sponsored worker want to journey to acquire a brand new visa stamp, it will be greatest first to examine with the consulate to make certain they’re open and scheduling interviews. If journey isn’t required in an effort to preserve an worker’s standing, it is perhaps greatest to postpone that journey for visa functions.
Q: What threat does a sponsored worker have when touring for enterprise or immigration functions?
A: Sponsored staff threat being denied re-entry to the U.S. anytime they go away and try to re-enter. Definitely, staff initially from international locations underneath U.S. journey restrictions needs to be conscious of the dangers of leaving the U.S. and being unable to re-enter in a well timed method.
Q: Are further journey bans seemingly? South Korea/Italy?
A: It’s attainable that, because the affect of the virus is felt in different areas of the world, the Trump administration will impose further journey restrictions. We’ll carefully monitor.
Q: Are employers required to pay H-1B staff when the staff are unable to carry out their job duties as a consequence of an emergency, equivalent to a quarantine?
A: As of now, DHS and DOL haven’t issued any particular steerage relating to this challenge. We’ll proceed to watch and allow you to know instantly if the federal government offers any related updates.
For planning functions, based mostly on the laws, the corporate would most definitely need to proceed to pay H-1B employees within the occasion of a quarantine, and many others. The next rules apply:
The employer is usually accountable for nonproductive time in addition to productive time, as soon as an H-1B worker turns into eligible for work. For the reason that downtime wouldn’t be employee-specific, i.e., solely affecting staff who turn into sick, and many others., the legal responsibility is the employer’s, who would wish to proceed to pay the H-1B employee.
If lodging are made and H-1B staff are given work unrelated to their regular positions, the employer should nonetheless pay the wage based mostly on the occupation listed on the LCA. The employer may not be required to amend the H-1B petition in such an emergency state of affairs.
There are exceptions to the requirement to pay when an H-1B worker is unwilling to work or requests a go away of absence for a private cause. Nonetheless, these conditions are employee-driven and employee-specific. Additional, the Individuals with Disabilities Act, the Household and Medical Depart Act (FMLA), and associated authorized provisions could require employers to supply unpaid go away or different lodging. We advocate that you simply additionally seek advice from employment counsel on these points.
Q: How ought to employers deal with H-1B, E-Three petitions, and PERM filings that want a posting discover to go up on the worksite?
A: Whereas we’re ready for steerage from USCIS, an choice is to submit electronically on the intranet as long as each worker has entry to it; if this follow is used, it needs to be used throughout the board.
Q: If the bodily workplace is closed, or staff will not be required to journey, how can we put together for an I-9 for an worker who’s allowed to start out working from house?
A: We’re additionally awaiting steerage from USCIS, but when the workplace is closed or the worker won’t journey, ensuing within the employer not inspecting paperwork in particular person, USCIS does permit the choice to make the most of a notary or appoint an agent to finish the I-9 so the paperwork may be examined. If there are additional points, please contact your GT lawyer. See Finishing Type I-9 for Distant Rent.
Q: What if my intra-company transferee worker wants a renewal, and the house nation is one the international locations affected?
A: Whereas third-country nationwide processing is out there at some U.S. consulates nearer to america (Canada, Mexico, Barbados), please examine availability, as this feature will not be possible as a consequence of demand. Please additionally examine whether or not your worker will want a visa to enter the opposite nation.
Another choice is to file an extension petition by means of USCIS. Some staff might have an approval to increase their driver’s license, for instance. Notice that if the worker travels internationally and doesn’t have a sound visa, he/she is going to nonetheless must receive this at a U.S. consulate overseas.
Q: The place can I examine for journey advisories if my worker want to journey and want to assess the risk stage?
A: The U.S. State Division points journey advisories and updates them on a continuing foundation.
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