March 24, 2020

COVID-19 Travel Restrictions: India

India has issued new travel restrictions due to the COVID-19 pandemic. The following are guidelines for foreign nationals traveling to India:

Commercial Flight Restrictions

Effective March 23, 2020 and until March 29, 2020, no incoming scheduled international commercial passenger aircraft will be allowed to land and disembark passengers in India.

Visa and Consular Services

All Indian visa services are suspended until April 15, 2020. This does not include in-country registration, visa extension, and other visa related formalities.

India has temporarily suspended Visa-on-Arrival for nationals of Japan and South Korea.

Foreign nationals who are already in India on visas remain in valid status until their visa expires. The Indian government has made special provisions (set out below) for in-country extensions.

The Foreigners Regional Registration Offices (FRROs) and Foreigners Registration Offices (FROs) are temporarily providing essential consular services for foreign nationals who are currently unable to leave the country due to travel restrictions. Consular processed visas, electronic visas (e-visas) and stipulations of stay endorsed on the visas, which have expired, or are set to expire, during the period from March 13, 2020 (midnight) to April 15, 2020 (midnight) will be extended until April 15, 2020 (midnight). All foreign nationals must file an online application on the e-FRRO portal. Foreign nationals whose visas have expired and who have made an application to exit the country, will be granted an Exit Permit without a penalty for overstay. Foreign nationals are not permitted to visit the FRRO or FRO without a prior appointment for in-country Registrations, Visa Extensions, Overseas Citizen of India (OCI) applications and other visa related services, until further notice.

OCI cardholders in India remain in valid status. However, OCI cardholders who are not currently in India cannot travel to India until April 15, 2020.

Travel Restrictions for Foreign Nationals and Indian Nationals

Foreign nationals and Indian nationals residing in the following countries are restricted from traveling to India from March 18, 2020 until March 31, 2020:

  • Member countries of the European Union
  • Member countries of the European Free Trade Association (Switzerland, Norway, Liechtenstein and Iceland)
  • Turkey
  • United Kingdom.

Citizens from Afghanistan, Malaysia and the Philippines are restricted from all travel to India until March 31, 2020.

Quarantine Procedures

All foreign nationals who have traveled to India from any location outside India or who may travel to India once international flights are permitted to land in India, may be quarantined for a minimum period of 14 days upon their arrival to India.

All incoming travelers including Indian nationals who have traveled or who are set to travel to India once international flights are permitted to land and who have visited China, Italy, Iran, the Republic of Korea, France, Spain or Germany after February 15, 2020 will be quarantined for a minimum period of 14 days upon their arrival.

We are closely monitoring matters in India and will provide further updates as they are provided by the Indian government.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

March 20, 2020

I-9 “In-Person” Requirement Relaxed During Pandemic

During the 2020 coronavirus pandemic, DHS has relaxed the “in-person” review requirements associated with the Form I-9 process for certain employers on a remote working schedule. All other Form I-9 process rules remain in effect, meaning that remote-working employers must still complete Form I-9 within three (3) business days following an employee’s first day of work. You may review the official announcement on the DHS website.

Who does this affect?

Form I-9 in-person inspection rules are currently relaxed for any US employer who has converted to a total remote working schedule for all employees due to COVID-19. On the other hand, DHS states that “if there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9.“ However, exceptions will also be made if newly-hired employees are subject to COVID-19 quarantine or lockdown protocols.

How should qualifying remote-working employers proceed?

Remote employees should be asked to complete Section 1 of Form I-9 and choose identity and work-authorization documents from List A/B/C.

Within three (3) business days of hire, remote employers must inspect the employee’s documents over video link, fax or email, etc. and complete Section 2. Employers must retain copies of any documents inspected remotely. Employers should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field.

After normal operations resume and employees return to the office, employers have three (3) business days to physically examine the same documents previously reviewed electronically/remotely. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate.

What else?

Remote-working employers who avail themselves of this option must be prepared to provide to DHS written documentation of their remote onboarding and telework policy.

DHS reminds employers that, as a general matter for remote workers (even before the pandemic), a company may designate anyone to serve as an “authorized representative” of the company for completion of Section 2, including the inspection of documents. The employer is liable for any violations in connection with the form or the verification process, including any violations in connection with the form or the verification process.

Finally, effective March 19, 2020, any employers who were served NOIs by DHS during the month of March 2020 and have not already responded will be granted an automatic extension for 60 days from the effective date. At the end of the 60-day extension period, DHS will determine if an additional extension will be granted.

How long are these relaxed rules effective?

The relaxed rules are effective immediately and will remain in place until Tuesday, May 19, 2020, or until the President ends the National Emergency Declaration, whichever comes first.

Gibney will be closely monitoring any proposed changes to I-9 policy or procedures and we will provide updates as needed.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

March 20, 2020

COVID-19: U.S. Travel Advisories and Suspension of Visa Services

As the world grapples with the COVID-19 pandemic, the U.S. and other countries are cautioning against travel,  imposing fast-breaking travel restrictions, and cancelling non-essential visa services at consulates abroad. Recent actions are highlighted below.

Travel Advisory – U.S. Citizens

  • The U.S. Department of State has issued a travel advisory  advising  U.S. citizens to avoid all international travel and recommending that U.S. citizens arrange for immediate return to the U.S. if they are able to do so.  The State Department is warning that U.S. citizens who chose to travel internationally may be forced to remain outside of the U.S. indefinitely.
  • The State Department has also authorized the departure of U.S. personnel and family members from its diplomatic and consular posts abroad if they are at higher risk if exposed to COVID-19.  Departure of personnel may limit the ability of U.S. Embassies and consulates to provide services to U.S. citizens who remain abroad.

Suspension of U.S. Visa Services

  • With increased travel restrictions, the Department of State also announced that it is suspending routine U.S. visa services in most countries worldwide and cancelling immigrant and nonimmigrant visa appointments effective March 18, 2020.  The Department of State aims to resume visa services as soon as possible, but cannot provide a specific date at this time. Please check the Embassy websites for the status of current operations and for information about the availability of emergency appointments.

Travel to the U.S.

  • Earlier this week, the U.S. and Canada announced a mutual agreement to close their shared border to non-essential travel. Official details regarding implementation have not been published as of March 19.
  • The Trump Administration has temporarily suspended travel to the U.S. for most foreign nationals traveling from Schengen Area countries in Europe, the U.K. and Ireland,  China and Iran.  Additional information is available on our Insights We expect more countries to face similar restrictions going forward and it is possible that the U.S. may determine to temporarily close its borders to all foreign national travelers in the near future.

Travel to Countries Outside the U.S.

Gibney is closely monitoring these developments.  Please contact a Gibney representative for additional information.

March 16, 2020

COVID-19 Measures: U.S. Travel Ban Expanded to U.K. and Ireland

The Trump Administration issued a Proclamation extending travel restrictions to travelers from the U.K. and Ireland.  The ban will take effect at 11:59 pm ET on Monday March 16, 2020.  Impacted travelers include most foreign nationals who have been physically present in the U.K. or Ireland at any point during the 14 day period prior to arrival in the U.S. A similar ban went into effect on Friday, March 13, 2020 at 11:59 pm ET for travelers who have been in Schengen Area countries at any point during the 14 days prior to their scheduled arrival in the U.S.

The U.K. and Ireland will join the growing list of travel impacted countries including 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, Switzerland, Iran and China.

It is likely that additional countries will be added to this list as the U.S. and the rest of the world grapples with the COVID-19 pandemic. All travelers should also expect other countries to impose restrictions, and should check foreign embassy websites and airline carriers before traveling.

WHO IS EXEMPTED FROM THE BAN?

The entry restrictions for the U.K., Ireland and Schengen Area countries do not apply to U.S. citizens, U.S. lawful permanent residents, immediate family members of U.S. citizens, and certain other individuals who are identified in the proclamation. Exempted individuals will arrive on flights that are directed to designated ports of entry to the U.S. and these travelers will undergo enhanced screening. Those who are allowed to enter the U.S. will be asked to self-quarantine for 14 days.

HOW LONG WILL THE BAN REMAIN IN EFFECT?

While news outlets have widely reported that the suspension will remain in effect for 30 days, the Presidential Proclamation announcing the Schengen Area ban does not specify a time period. Gibney is monitoring the implementation of these measures and will provide updates as they become available.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

March 13, 2020

Visa Appointments at U.S. Embassy and Consulates in India Cancelled 

On March 13, 2020, the U.S. Department of State announced on its website that the U.S. Embassy and Consulates in India are cancelling all visa appointments scheduled on or after March 16, 2020 due to the COVID-19 pandemic. The U.S. Department of State has not provided a date by when they expect to resume regular consular operations.

Who is Impacted?

Any foreign nationals who have scheduled, or are in the process of scheduling, a visa appointment at a U.S. Embassy or Consulate in India.

Do Cancellations Apply to Both Immigrant and Nonimmigrant Visa Appointments?

Yes, the U.S. Embassy and Consulates in India are cancelling all nonimmigrant and immigrant visa appointments scheduled on or after March 16, 2020.

Will the Embassy Contact Each Visa Applicant with a New Appointment Date?

No, it will be the visa applicant’s responsibility to monitor the website of the U.S. Embassy and Consulates in India to find out when appointments will be made available again and schedule a new one.

If you are currently in India and had a U.S. visa appointment scheduled on or after March 16, 2020, please contact your Gibney representative immediately.

Foreign nationals who are in the U.S. and are planning on visiting India in the near future should contact their Gibney representative to discuss travel risks and visa/status renewal or extension options. If travel or visa appointments were cancelled, please be sure to notify your Gibney representative to ensure no other action is needed to maintain valid status in the U.S.

Background Information and Resources

More information on the U.S. Embassy and Consulates in India and their operations is available here.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

The general information provided is not intended to serve as a source of legal advice for any purpose. Please contact your designated Gibney representative or immigration counsel for specific legal advice.

March 12, 2020

COVID-19 Measures: U.S. Expands Travel Ban to Include Europe

President Trump signed a Presidential Proclamation further limiting travel to the United States for foreign nationals traveling from several European countries.

WHO IS IMPACTED?

The Proclamation suspends entry to the United States of most foreign nationals who have been in Schengen Area countries at any point during the 14 days prior to their scheduled arrival in the United States.  The impacted countries include: 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. The United Kingdom is not included in the restriction.

WHEN DOES THE BAN TAKE EFFECT?

The entry restrictions will go into effect on Friday, March 13, 2020 at 11:59 pm ET. The restriction will not apply to persons aboard flights scheduled to arrive in the U.S. that departed prior to 11:59 pm ET on March 13.

WHO IS EXEMPTED FROM THE BAN?

The entry restrictions do not apply to U.S. citizens, U.S. lawful permanent residents, immediate family members of U.S. citizens, and certain other individuals who are identified in the Proclamation. Those who are allowed to enter the U.S. after travel to Europe will likely be subject to quarantine measures and their flights may be directed to selected ports of entry, as yet to be named.

HOW LONG WILL THE BAN REMAIN IN EFFECT?

News outlets have widely reported that the suspension will remain in effect for 30 days. However, the Proclamation does not specify a time period. Gibney is monitoring the implementation of these measures and will provide updates as they become available.

Background Information and Resources

Information about all of the U.S.  travel restrictions associated with the coronavirus, including links to some general resources, is available here.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

The general information provided is not intended to serve as a source of legal advice for any purpose. Please contact your designated Gibney representative or immigration counsel for specific legal advice.

February 24, 2020

Public Charge Rule Implemented Nationwide

Today USCIS implements its new public charge rule nationwide.  The rule was previously enjoined in Illinois, but the U.S. Supreme Court lifted the injunction last week, allowing USCIS to implement the rule in all 50 states.

In addition, the Department of State (DOS) will also implement the new public charge standards beginning February 24, 2020 pursuant to the Office of Management and Budget (OMB) approving DOS’s  Form DS-5540, Public Charge Questionnaire. While the DS-5540 is now required for immigrant visa applicants (i.e., “green card” applicants) at U.S. consulates abroad, according to the updated Foreign Affairs Manual,  DOS  may also require nonimmigrant (i.e., temporary) visa applicants to provide specific financial evidence or to complete a Form DS-5540, in whole or in part, or to respond orally to questions from the form at visa interviews.

As previously reported, in general, individuals seeking admission to the U.S. must show they are not likely to become a public charge. The new public charge rule dramatically expands the definition of pubic charge for individuals seeking to extend or change their temporary status in the U.S., as well as for individuals applying for lawful permanent resident status.

Nonimmigrants seeking a change or extension of status in the U.S. will be required to show that they have not received certain public benefits exceeding a designated threshold as of the rule’s implementation date.  Information about DHS’s public charge rule, including the implicated benefits, may be found here.

Individuals applying for adjustment of status to lawful permanent resident will be required to provide extensive financial documentation, including credit reports, to establish that they will not become a public charge in the future. These individuals will be subject to a discretionary “totality of circumstances” test that will weigh such factors as the applicant’s age, health, household size, level of education and skills, financial assets  and liabilities, among others.  Applicants may be subject to ongoing credit checks while their applications are pending, over months, and in many cases, years.

Foreign nationals and their employers should expect that it will take longer to analyze, prepare and file applications given the scope of the new public charge inquiry and the increased documentation that will required. For additional information, please contact your designated Gibney representative or email info@gibney.com

February 21, 2020

Violeta Petrova to Speak at Labour Mobility Update

Violeta Petrova will speak at Labour Mobility Update – A New Immigration Framework on March 2, 2020. Hosted by BritishAmerican Business, the event will take place at Buzzacott in London. This program will explore the question: What does the new immigration framework need to look like in order for the UK economy to flourish in a post-Brexit environment?

Program Overview

The December general election has fixed the Brexit timetable for 2020 and the new Government has reinforced its commitment to completing the UK’s transition to an independent nation state by 1 January 2021. The transition will include ending the free movement of people and the introduction of new systems and controls for attracting the skills, investment and labour that the country will need in order to main its competitiveness in a global economy.

Meanwhile, the prospect of a UK-US trade agreement presents an opportunity to strengthen what is already one of the world’s leading bilateral trade and investment partnerships by further deepening cooperation in labour mobility, making it easier for UK professionals to do business in the US, and vice-versa.

The panel will consider:

  • Who does the UK need to attract in the new economy?
  • What are the best mechanisms for attracting and selecting the people the country needs?
  • How to maintain public confidence in the immigration system
  • The UK’s revamped immigration system and the Migration Advisory Committee’s recommendations
  • Is the “Australian-style” scheme fit for purpose in the UK?
  • A view from America – is Brexit an opportunity for transatlantic movement of talent and investment?

Violeta Petrova is a Senior Counsel in Gibney’s Immigration Group. She represents large-cap, mid-cap and small-cap clients in U.S. business immigration , including nonimmigrant and permanent residence matters.  She has also assisted individual clients with family-based and employment-based visas.

February 21, 2020

Gibney Immigration Attorneys and Practice Named in The Best Lawyers in America©

Gibney attorneys Stephen Maltby and Houman Afshar were recognized in the 2020 edition of  The Best Lawyers in America© in the field of immigration law. Gibney was also recognized as a top firm for immigration in New York. Published in 1982, The Best Lawyers in America© is one of the oldest and most respected peer review publications in the legal profession. Recognition by Best Lawyers is based on a peer review process designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

About Immigration

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February 7, 2020

New York State to Sue Trump Administration over Traveler Program Ban

Two days after the Trump Administration banned New York residents from participating in Trusted Traveler Programs (TTPs), New York State’s Attorney General Letitia James announced  that the state will respond with legal action.  Calling the Trump Administration’s action “political retribution, plain and simple”  James announced that the state will  sue the Department of Homeland Security (DHS) for unfair targeting of New York residents.

The Trump Administration banned New York residents  from participating in TTPs in retaliation for New York passing a  Green Light Law, which allows  undocumented immigrants to obtain a state driver’s license. In enacting the law, the New York legislators cited the public safety interest in ensuring that drivers on the road are licensed.  The Green Light Law has been upheld as lawful by two federal courts.    The national security nexus between New York’s Green Light Law and TPPs is questionable.  U.S. Customs and Border Protection conducts extensive and independent security screening of TPP applicants, including background checks, and applicants must be fingerprinted and provide proof of citizenship. A state driver’s license conveys no right to participate in a TTP, and indeed, a driver’s license is not a requirement for enrollment in a TTP. Notably, thirteen other states and the District of Columbia have passed laws similar to New York’s, and residents of those states have not been banned from TTP participation.

Hundreds of thousands of New York residents stand to lose their membership in TTPs including Global Entry, SENTRI (Secure Electronic Network for Travelers Rapid Inspection), NEXUS, and FAST (Free and Secure Trade).  The ban is likely to lead to significant delays at ports of entry into the U.S., including land crossings, and may have the harmful consequence of compromising security as Customs and Border Patrol agents will now have to dedicate resources to conduct inspections of individuals previously vetted and found to pose no nationality security threat.

Gibney will continue to monitor this matter and provide updates. For additional information, please contact your designated Gibney representative.