Travel

COVID-19 Journey Restrictions for United Kingdom, Eire, Schengen Space

When President Joe Biden revoked the immigrant visa ban, however not the nonimmigrant visa ban or 14-day journey restrictions, it appeared there is perhaps issues forward. New restrictions on Nationwide Curiosity Exceptions (NIEs) to the 14-day journey restrictions for the UK, Eire, and Schengen Space have been issued, and lots of people presently in the US in E, H, L, O, or P standing mustn’t journey overseas to a restricted nation until they’re ready to stay there for a while.

On March 2, 2021, the Division of State (DOS) issued new steering severely limiting the prior steering for NIEs from the 14-day journey restrictions for the UK, Eire, and the Schengen Zone. Earlier categorical exceptions for skilled athletes and treaty buyers or merchants now not apply. The exception that beforehand coated sure technical consultants and specialists, in addition to senior-level managers and executives (these making use of for H and L visas), has been rescinded. The one exceptions remaining are for these in search of to enter for humanitarian functions, the general public well being response, nationwide safety, or “important help” for a essential infrastructure sector. Nonetheless, beforehand granted NIEs stay legitimate and won’t be revoked because of the new coverage.

Every week earlier, on February 24, 2021, DOS up to date its steering concerning NIEs to the nonimmigrant visa ban, to not be confused with the 14-day United Kingdom, Eire, and Schengen Space journey restriction. That replace restricted NIEs by requiring particular proof, significantly for H-1B, H-2B, J-1, and L-1 visa candidates. For example, a technical specialist, senior degree supervisor, or different employee requesting an H-1B visa whose journey is important to facilitate the instant and continued financial restoration of the US should show a minimum of two of the next 5 indicators:

  • The employer has continued want for the providers as evidenced by a Labor Situation Software (LCA) accredited throughout or after July 2020. If the job may be carried out remotely, then there isn’t a continued want.

  • The applicant will present important and distinctive contributions to an employer assembly a essential infrastructure want and should maintain a senior degree placement, have job duties which might be each distinctive and important to the administration and success of the general enterprise, or have specialised {qualifications}.

  • The wage price meaningfully exceeds the prevailing wage price by a minimum of 15 %.

  • The applicant’s training, coaching, or expertise demonstrates uncommon experience.

  • Denial of the visa will trigger monetary hardship to the extent that the employer might be unable to satisfy monetary or contractual obligations, proceed in enterprise, or create an obstacle to the employer’s means to return to its pre-COVID-19 degree of operations.

Primarily based on this steering from DOS, it’s potential that a person could also be eligible for an NIE to the nonimmigrant visa ban, however nonetheless be precluded from journey to the US because of the tightened constraints on NIE eligibility for the UK, Eire, and Schengen Space 14-day journey restriction.


Jackson Lewis P.C. © 2020
Nationwide Legislation Evaluate, Quantity XI, Quantity 62

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