- Travel Ban: The DOS has clarified the waiver process for individuals impacted by President Trump’s Presidential Proclamation 9645 (i.e., the “travel ban”). The Proclamation specified that entry restrictions may be waived on a case-by-case basis if a consular officer or Customs and Border Protection (CBP) official determines, in their discretion, that an application meets the following criteria: (1) denying entry would cause the foreign national undue hardship; (2) entry would not pose a threat to the national security or public safety of the U.S.; and (3) entry would be in the national interest. The DOS has now clarified that: (1) to satisfy the undue hardship criterion, the applicant must demonstrate that an unusual situation exists that compels immediate travel and that delaying the issuance of the visa and the associated travel plans would defeat the purpose of the travel; (2) to establish that an applicant does not constitute a threat to national security or public safety, the consular officer will consider the information-sharing and identity-management protocols and practices of the government of the applicant’s country of nationality; and (3) the applicant’s travel may be considered in the national interest if the applicant demonstrates that a U.S. person or entity would suffer hardship if the applicant could not travel to the U.S. until after the travel restrictions are lifted. Of note, the DOS confirmed that between December 8, 2017 and January 8, 2018, DOS received 8,406 applications from nationals subject to the travel ban, and, as of February 15, 2018, only two (2) applicants had received waivers. The DOS has stated that since then, 100 additional waivers have been granted.
- The April 2018 DOS Visa Bulletin “Final Action” chart for employment-based preference cases contains important updates as we enter the 7th month of FY2018. The DOS will establish a cut-off date of January 1, 2012 for EB-1 Priority Workers China and India while EB-1 All Chargeability areas, El Salvador / Guatemala / Honduras, Mexico, and Philippines will remain current. EB-2 “Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability” for All Chargeability areas, Mexico, El Salvador/Guatemala/Honduras, and the Philippines will also remain current. EB-2 China will advance nearly 7 months to August 1, 2014 while EB-2 India will progress only 7 days to December 22, 2008. EB-3 “Professionals/Skilled Workers” for China will also advance 7 months to June 1, 2015. EB-3 India will progress 1 week to a cut-off date of December 15, 2008 while EB-3 India will advance 13 months to February 1, 2008. EB-3 Philippines will advance 8 months to January 1, 2017.
- Continue monitoring the Blog’s Visa Bulletin for further developments.