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Immigration News Briefs

Provided by Humera Subhani

June 2021

U.S. bans most travel from India

On April 30, 2021, the Biden administration announced that it would ban travel to the U.S. for individuals who have been present in India within the past 14 days. The travel ban took effect on Tuesday, May 4. The ban is based on a recommendation from the CDC, and is a result of the dramatic increase in Covid cases in India.

The following individuals are exempt from the travel ban:

U.S. citizens;
U.S. lawful permanent residents;
Noncitizen nationals of the U.S.;
Spouses of U.S. citizens and lawful permanent residents;
A foreign national who is the parent or legal guardian of an unmarried U.S. citizen or lawful permanent resident under the age of 21;
A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, provided they are both unmarried and under the age of 21;
A foreign national who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States on an IR-4 or IH-4 visa;
A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;
A foreign air or sea crewmember;
Certain A, C, E-1 (TECRO or TECO), G, and NATO nonimmigrants, or nonimmigrants whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
A foreign national whose entry would further important U.S. law enforcement objectives;
A foreign national whose entry would be in the national interest, as described in our prior alert; and
Members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.

In addition, travelers to the U.S., including those from India, who remain eligible to apply for an NIE waiver include academics, students, journalists, humanitarian travelers, public health responders, and those travelers who will benefit national security. There are specific exemptions for F1, M1 and J1 holders.

Also of note is that U.S. Consular offices in New Delhi, Chennai, Hyderabad, Kolkata, and Mumbai have cancelled both in-person and interview waiver nonimmigrant visa appointments until further notice.

Temporary suspension of biometrics

Effective May 17, 2021, USCIS will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. USCIS will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. This suspension will apply through May 17, 2023, subject to affirmative extension or revocation of the suspension period by the USCIS director.

This temporary suspension will apply to applicants filing Form I-539 requesting the following:

Extension of stay in or change of status to H-4 nonimmigrant status;
Extension of stay in or change of status to L-2 nonimmigrant status;
Extension of stay in or change of status to E-1 nonimmigrant status;
Extension of stay in or change of status to E-2 nonimmigrant status (including E-2C (E-2 CNMI Investor)); or
Extension of stay in or change of status to E-3 nonimmigrant status (including those selecting E-3D).

APPLICATION FINAL ACTION DATES FOR JUNE 2021

FAMILY	India	Pakistan/Bangladesh
1st	01Nov14	01Nov14
2A	Current	Current
2B	22Aug15	22Aug15
3rd	01Sep08	01Sep08
4th	08May05	08Dec06

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Dec10	Current
3rd	01Nov11	Current
Other	01Nov11	Current
4th	Current	Current
5th	Current	Current1B

DATES FOR FILING VISA APPLICATIONS - JUNE 2021

FAMILY	India	Pakistan/Bangladesh
1st	01Mar16	01Mar16
2A	01May21	01May21
2B	15Aug16	15Aug16
3rd	01Aug09	01Aug09
4th	01Dec05	01Oct07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Aug11	Current
3rd	01Jan14	Current
Other	01Jan14	Current
4th	Current	Current
5th	Current	Current1B