Removal of Certain Country Related Travel Restrictions and Requirement to Show Negative COVID-19 Test for All International Air Passengers Effective January 26, 2021

The Centers for Disease Control and Prevention (CDC) issued an order last week, effective January 26, 2021, requiring proof of a negative COVID-19 test or documentation of having recovered from COVID-19 for all international air passengers arriving from a foreign country to the US. Under this order, nearly all travelers aged two or older including US citizens must show a negative viral test within three days of departure or documentation of recovery from COVID-19. The CDC will consider waivers of testing requirements for passengers coming from countries with little or no testing capacity, including certain places in the Caribbean.

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DHS Publishes Final Rule to Eliminate H-1B Visa Lottery and Adjudicate H-1B Petitions Based on Highest Salary

US Citizenship & Immigration Services (USCIS) announced the publication of a final rule this week that will “modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.” This final rule will end the H-1B visa lottery and instead allow USCIS to adjudicate H-1B petitions based on registrations starting with the highest salary level and going down, as Stuart Anderson explains in Forbes.

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The US Now Requiring Negative COVID-19 Test for Air Travelers from the UK

The Centers for Disease Control and Prevention (CDC) announced that effective December 28, 2020, American and foreign national air passengers arriving from the United Kingdom to the United States must test negative for coronavirus via the PCR or antigen test no more than seventy-two hours before departure from the UK to the US. The CDC notes that this order comes after UK public health authorities announced the discovery of a new variant of SARS-CoV-2 which may be up to seventy percent more transmissible than previously circulating variants. Numerous countries have announced new restrictions on UK travelers due to this new variant.

The CDC notes that this “additional testing requirement will fortify our protection of the American public to improve their health and safety and ensure responsible international travel.” In a statement, CDC explains: "Passengers are required to get a viral test (i.e., a test for current infection) within the 3 days before their flight from the U.K. to the U.S. departs, and provide written documentation of their laboratory test result (in hard copy or electronic) to the airline. Airlines must confirm the negative test result for all passengers before they board. If a passenger chooses not to take a test, the airline must deny boarding to the passenger."

Judge Orders Full Reinstatement of DACA Program 

Last week on December 4, 2020, Judge Nicholas G. Garaufis of the US District Court in Brooklyn ordered that the Department of Homeland Security (DHS) must immediately fully reinstate the Deferred Action for Childhood Arrivals (DACA) program, reversing a memorandum issued this summer by Acting DHS Secretary Chad Wolf that restricted the program to those already enrolled. Judge Garaufis ordered that DHS post a public notice stating that it is accepting new, initial DACA applications with work permits that are valid for two years and that DACA recipients are eligible to apply for Advance Parole for international travel. Judge Garaufis also directed the government to notify immigrants eligible for DACA to let them know of the change.

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