Communique – Volume 16, Number 6

July 2020

Greetings from the ISSO!

In this issue:

While it has been less than a month since our last Communique, there have already been several updates and changes related to COVID-19 travel bans, visa processing suspensions and Presidential Proclamations so we are providing a summary below. Please be advised that things continue to change and evolve on a daily basis and that each individual scholar or employee may be subject to one or more of the bans depending on their unique personal situation and immigration classification. The ISSO continues to urge extreme caution regarding any international travel as the ability to return to campus remains limited in many circumstances. Please contact us if you have questions.

Department of State Announces Phased in Resumption of Visa Processing

The Department of State suspended routine visa appointments in March due to the COVID-19 pandemic. The DOS recently announced the resumption of routine visa services on a post-by-post basis. While the DOS is unable to provide specific dates or details regarding when a specific post will be resuming visa processing, they have confirmed that they will continue to provide emergency services and intend to phase-in processing for certain routine non-immigrant visa classifications, including certain J-1 exchange visitors. The DOS is closely monitoring local conditions in each country as these conditions will affect when a particular post will resume routine processing. Prospective scholars should contact the Embassy or Consulate where they will apply to inquire if/when such routine services will resume at that post. In some cases, our incoming J-1 scholars have already been able to schedule visa appointments later in the summer or early fall. Please be reminded that other COVID-19 related travel bans remain in place and thus, while obtaining the visa stamp is a step in the right direction, it does not necessarily guarantee successful entry to the U.S. For example, the resumption of visa processing will not apply to H-1B employees as a separate Presidential Proclamation that remains in effect has suspended this processing. In addition, there are still country specific bans on travel to the US that may limit entry, despite the resumption of visa processing. Please contact the ISSO as this situation changes on a daily basis

‘National Interest Exceptions’ for Certain Travelers from the Schengen Area, the United Kingdom and Ireland

The Department of State announced that certain business travelers, investors, treaty traders, academics and students may qualify for National Interest Exceptions under Presidential Proclamations regarding travel bans from the Schengen area, United Kingdom and Ireland. The announcement indicates that individuals traveling on a J-1 may contact the nearest embassy or consulate to initiate an exception request. It is important to understand that this process is in addition to the required visa or to an already valid visa. Thus, even individuals with a valid visa will need to obtain this exception before traveling to the US from any of the noted countries. Please review the ISSO’s website for more details or contact your Scholar Advisor.

H-1B Visa Ban Litigation Filed

The first lawsuit against President Trump’s June 22 proclamation suspending non-immigrant visa applications for H-1B, H-2B, L-1 and certain J-1 Exchange Visitor categories (as well as qualifying dependent family members) until December 31, 2020 has been filed. In an effort to protect H-1B professionals and their families, the motion requests that the court declare the proclamation unlawful. According to a recent Forbes article, additional legal action regarding this proclamation is expected. However, at this time, the suspension remains in effect until either the end of the year or until the court grants a preliminary injunction. We recommend that you review a detailed summary and explanation of how this suspension may impact some of your international employees on the ISSO news site.

Q & A with ISSO Scholar Services

With so many travel bans, presidential proclamations, suspensions, exceptions – it is really hard to keep it all straight! We encourage interested faculty and administrators to join us for a Q & A with ISSO Scholar Services on Thursday, August 6 at 3:00 p.m. so that we can provide clarification and answer your questions. Registration is required to confirm your attendance via Zoom.

The Scholar Services Team remains committed to advising and assisting our international scholar community during this challenging time. We appreciate your  continued support!