Regional COVID-19 Public Health Travel Ban for Southern Africa Instituted

Just weeks after announcing new travel policies and lifting previous extensive COVID-19 travel restrictions, President Biden signed an Executive Order banning most travelers from eight countries in southern Africa in response to the ongoing national emergency caused by the newly emergent Omicron variant of the COVID-19 virus to “protect public health.” Effective November 29, 2021, noncitizens of the United States who were physically present within “the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States” are not eligible to be issued a U.S. visa or be admitted to the United States.

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COVID-19 Testing Requirements for International Travel

In response to the Omicron variant of COVID-19, the Centers for Disease Control (“CDC”) has amended its testing requirements for air passengers traveling to the US from international destinations. The vaccination requirements remain in place with the only change being when a person must be tested before they arrive in the US by plane.

Beginning December 6, 2021, all inbound international airline passengers, including US Citizens and Lawful Permanent Residents, ages two and older will be required to submit a negative COVID test taken within one day of travel to the United States, in order to board their flight.

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USCIS Policy Update for Employment Authorization of H-4, L, and E Dependent Spouses

Shergill et al, v Mayorkas (21-cv-1296-RSM), a class action lawsuit, was filed by The American Immigration Lawyers Association (“AILA”) and its litigation partners Wasden Banias and Steven Brown, to address the extensive delays at United States Citizenship and Immigration Services (“USCIS”) in processing Employment Authorization Document (EAD) applications for dependent spouses of H-1B and L nonimmigrant visa holders. On November 10, 2021, AILA announced a settlement had been reached with the U.S. Department of Homeland Security (DHS) in the Shergill case, under which USCIS agreed to allow continued work authorization for certain H-4 and L-2 EAD applicants whose applications remained pending with USCIS. USCIS reversed its policy that prevented H-4 spouses “from benefiting from automatic extension of their employment authorization during the pendency of standalone employment authorization document (EAD) applications.” USCIS also agreed to implement policy guidance within 120 days to provide work authorization for L-2 spouses without requiring an EAD card.

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