All beneficiaries 6 months of age and older are now required to have a certificate confirming that they received their COVID-19 vaccinations both prior to travel to the United States and upon arrival, unless they are eligible for an exemption.
Previously, beneficiaries under the age of 5 were eligible for an exemption from the COVID-19 vaccination requirement because the vaccine was not approved or licensed for use in this age group.
• Prior to traveling to the United States: To obtain a travel permit under the Uniting for Ukraine program, all beneficiaries 6 months of age or older must provide a certificate confirming that they have received at least one dose of COVID-19 vaccine, if only they are not exempt.
• Upon arrival in the United States, all children 6 months of age and older must have a certificate stating that they have received or will complete their COVID-19 vaccination series (in other words, they will be fully vaccinated) within 90 days of arrival or within 90 days after reaching age suitable for vaccination according to current Centers for Disease Control and Prevention guidelines, unless they qualify for an exemption. Attestation must be completed in the USCIS online account. Beneficiaries are responsible for vaccinations.
Retrieved from NCLS page on Facebook: https://www.facebook.com/NationalCapitalLegalServices

Updated COVID-19 Vaccination Requirements for the U4U Program

All beneficiaries 6 months of age and older are now required to have a certificate confirming that they received their COVID-19 vaccinations both prior to travel to the United States and upon arrival, unless they are eligible for an exemption. Previously, beneficiaries under the age of 5 were eligible for an exemption from the COVID-19 vaccination requirement because the vaccine was not approved or licensed for use in this age group. • Prior to traveling to the United States: To obtain a…

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US no longer requires COVID test for travelers flying into the country.

The US will reportedly no longer require international air travelers to take a COVID test before traveling to the country. The change will be effective starting June 12th, and the Centers for Disease Control and Prevention (CDC) will reevaluate the decision in three months. That means people flying into the US won’t have to worry about taking a COVID test before take-off, at least until the summer travel season is over. Retrieved from NCLS page on Facebook: https://www.facebook.com/NationalCapitalLegalServices

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US Continues March 2020 Guidance for F/M Students for 2022-23 Academic Year

This guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the continuing public health concerns created by COVID-19. The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020, and are otherwise complying with the terms of their nonimmigrant status, whether from inside the United States or abroad. As stated in the March 2020 guidance, Active F and M students will be permitted…

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USCIS to Implement Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

USCIS is implementing premium processing for certain EB-1 and EB-2 classifications with pending Form I-140, under the EB-1 and EB-2 classifications. This applies only to an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). The expansion will occur in phases, so contact our office to see if you qualify. USCIS shall not accept new (initial) Forms I-140 with a premium processing request at…

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Social Security Administration Will Recognize That E and L Spouses Are Work Authorized Incident Status

Before the Social Security Administration (SSA) was refusing to issue social security numbers to E and L spouses in accordance with USCIS’s recent policy update recognizing that they are work authorized incident to status and do not need an employment authorization document as evidence. On May 4, 2022, USCIS reported that SSA plans to update its system to reflect the guidance by the end of this week. Until that time, a workaround has been communicated to SSA regional offices to…

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The US Department of State has provided guidance on local filing of Form I-130 by Ukrainians at the US Consulate, bypassing USCIS and NVC

The U.S. Department of State has released guidance stating that U.S. citizens who are physically abroad with their Ukrainian (and Afghan, Ethiopian) immediate family members have the right to ask to file a Form I-130 petition on the spot at the nearest U.S. embassy or consulate that handles immigrant visas. For Ukrainians - in Germany. Previously, we advised our readers that this is possible, but now this option has become more guaranteed. We would like to remind you that in such…

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USCIS Issues Policy of Automatic Right to Work for Spouses of E and L Visa Holders (E-2 and L-2)

USCIS stated that it will consider E and L spouses to be employment authorized incident to their valid E or L nonimmigrant status. The agency further stated that DHS will modify Form I-94 to distinguish E and L spouses from E and L children, making the form evidence of employment authorization. Retrieved from NCLS page on Facebook: https://www.facebook.com/NationalCapitalLegalServices

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Reauthorization of the EB-5 Center Recovery Program

The EB-5 Reform and Integrity Act of 2022 has been added to the FY 2022 Consolidated Expenditure Report. The resumption of the Program is a restoration of justice for all those who have already applied and were waiting in line. The I-526 and I-485 petition exception, which was suspended by the United States Citizenship and Immigration Services (USCIS) for almost nine months, is now being reinstated. This law is also great news for those who have been patiently waiting for the extension…

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USCIS Updates Guidance on National Interest Waivers

On January 21, 2022, USCIS announced updated guidance on adjudicating requests for “National Interest Waivers”, which includes discussing the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields. USCIS recognizes the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies or other STEM areas important to U.S. competitiveness or national security. The authoritative lists of critical and emerging technology fields are published by the Executive Office of the…

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New COVID-19 Travel Requirements

On October 25, 2021, President Biden issued a proclamation ending travel bans that restricted the entry of nonimmigrants present in China, Brazil, India, Iran, South Africa, Ireland, the United Kingdom, and the Schengen Area. The Proclamation also created a new rule, effective November 8, 2021, that requires all adult nonimmigrant travelers entering the United States via air travel to be fully vaccinated against COVID-19, with limited exceptions. Similarly, non-essential travel for fully vaccinated individuals across land and ferry borders will be…

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