Biden Administration Takes Steps to Maintain STEM Talent in the US

In an effort “to attract global talent to strengthen our economy and technological competitiveness, and benefit working people and communities all across the country”, the Department of Homeland Security (“DHS”) has significantly revised and broadened its policy affecting F-1 students who have earned a qualifying US degree in the fields of science, technology, engineering, and mathematics (“STEM”).

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Ensconced in Limestone Caves, Naturalization Applications Backlogged

Since 1944, The United States Citizenship and Immigration Service (“USCIS”) has created Administrative Files or “A-files” containing all records of any active immigration case pertaining to foreign nationals not yet naturalized to become US citizens. Without an A-file created during the immigration and inspection process an individual cannot be granted permanent residency or citizenship. These files are housed in storage facilities known as Federal Records Centers (“FRCs”) which are located underground beneath the administration of the National Archives and Records Administration (“NARA”). FRCs are made up of “miles-long networks of man-made limestone caves built beneath the Kansas City metro area” and due to the COVID-19 pandemic, FRCs have been either temporarily closed or operating under limited capacity to ensure the safety of workers. In fact, The Wall Street Journal reported that NARA said in a statement that it has kept staff levels at 25% at its Kansas City facility because it is “an area of high transmission.”

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Proof of COVID-19 Vaccination Required for All Foreign Travelers at US Land Borders

Effective January 22, 2022, U.S. Customs and Border Protection (“CBP”) will require non-US citizens traveling across the land border for both essential and non-essential reasons to be fully vaccinated.   The recent announcement confirms, “[t]hese new restrictions will apply to non-U.S. individuals who are traveling for both essential and non-essential reasons. They will not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.”

All foreign national travelers, whether traveling for non-essential or essential reasons, must attest to their vaccination status and to present proof of vaccination to CBP officers upon request. To be considered fully vaccinated, fourteen days must have passed since the traveler’s final shot of their vaccine. CBP follows the Centers for Disease Control and Prevention’s (“CDC”) protocols regarding acceptable “proof of vaccination, including which vaccines are permissible.”

Pre-arrival COVID-19 testing is not required for entry via a land port of entry or ferry terminal.