Immigration Updates

On January 26, President Biden signed a proclamation continuing without interruption the regional COVID-19 travel bans in place for Brazil, European Schengen countries, Ireland and the United Kingdom. Previously, former President Trump ordered that these restrictions expire on January 26. The new proclamation also adds the Republic of South Africa, effective January 30, to the list of countries subject to the ban. Separate proclamations issued by the Trump administration for China and Iran are still in place. Foreign nationals are prohibited from traveling if they have been physically present in any of these countries/territories within 14 days of travel to the U.S.

Under this new proclamation, F-1 and J-1 visa holders traveling from the EU Schengen countries, U.K, and Ireland will continue to be eligible for the national interest waiver.

Additional recent immigration and travel updates:

1. As of January 26, all international air passengers over the age of two entering the U.S. are required to show proof of negative test for COVID-19 or proof of having recover from COVID-19 before they will be allowed to board their flights. This regulation requires passengers to get a test within three days of their flight to the U.S.
2. On January 20, President Biden signed a presidential proclamation that lifted two nationality-based travel bans, ban 3.0 and ban 4.0, issued by the previous administration. Ban 3.0 was instituted in 2017 and restricted nationals of Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen from traveling to the U.S. Ban 4.0 was instituted in early 2020 and restricted nationals of Eritrea, Kyrgyzstan, Myanmar (Burma), Nigeria, Sudan, and Tanzania from traveling to the U.S. The proclamation charged the Department of State to review all immigrant visas denied under these bans. Additionally, DOS is asked to ensure that previously denied applicants are not prejudiced against if they re-apply for visas.
3. On January 20, President Biden directed the Secretary of Homeland Security, in consultation with the Attorney General, to “take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA”.
4. On January 20, President Biden announced that he plans to send an immigration reform bill to Congress. This bill is expected to provide a pathway to U.S. permanent residence (“green card”) and citizenship for undocumented foreign nationals who were present in the U.S. on or before January 1, 2021, including those holding Deferred Action for Childhood Arrivals (DACA). This reform bill is in preliminary stages and its future remains unclear.
5. On January 14, the Trump administration revised the final rule that will restructure the prevailing wages system for H-1B, E-3, H-1B1, and PERM programs. The new rule contains significant prevailing wage increases for all wage levels, though the new minimums are not as high as initially sought in October 2020. This rule is set to take effect in March 2021, but the wage minimum will not be imposed until July 1, 2021. It is still unclear if the new administration will challenge this ruling.

ISSS will continue monitoring further developments and update our website as needed. For more detailed and up-to-date information about all relevant immigration changes, please consult the Biden Administration Immigration Portal recently developed by NAFSA: Association of International Educators. Our NAFSA colleagues developed this portal to follow significant immigration-related changes and initiatives especially relevant to higher education.