Month: January 2022

Beginning Saturday January 22, 2022, the U.S. Department of Homeland Security will require all visitors seeking to enter the U.S. to be fully vaccinated for COVID-19 and provide proof of vaccination upon entry. This requirement applies to land borders and ferry terminals, and is not applicable to U.S. citizens, U.S. nationals, or lawful permanent residents of the United States. Proof of vaccination is already a requirement for air travel into the United States.

Non-U.S. individuals traveling to the United States via land ports of entry or ferry terminals, whether for essential or non-essential reasons, must:

• verbally attest to their COVID-19 vaccination status;
• provide proof of a CDC-approved COVID-19 vaccination, as outlined on the CDC website;
• present a valid Western Hemisphere Travel Initiative (WHTI)-compliant document, such as a valid passport, Trusted Traveler Program card, or Enhanced Tribal Card; and,
• be prepared to present any other relevant documents requested by a U.S. Customs and Border Protection (CBP) officer during a border inspection.

COVID-19 testing is not required for entry via a land port of entry or ferry terminal, however is a requirement for air travel. CYA reminds all travelers to up to date on the most recent international travel requirements and to avoid all non-essential international travel if possible.

The Office of Foreign Labor Certification has completed the randomization process to randomly assign all H-2B applications submitted during the initial three-day filing window, January 1-3, 2022, requesting an April 1, 2022, work start date for the second half of the Fiscal Year 2022 H-2B statutory visa cap. OFLC received a total of 7,875 H-2B applications requesting 136,555 worker positions during this filing period. OFLC will be providing written notification to employers (and the employer’s authorized attorney or agent) with their H-2B Assignment Group. On January 7, 2022, OFLC also published on its website the list of the H-2B applications assigned to each Assignment. 

The U.S. Department of State confirmed that consular officers will continue to have the ability to waive the in-person interview requirement for certain nonimmigrant visa applicants. This policy applies to individuals who are applying for H-1, H-3, H-4, L, O, P, and Q visas who are applying for a visa in their country of nationality or residence. For this class of visa applicants, consular officers have the discretion to waive the interview requirement for individuals who were previously issued any type of visa. Consular officers also have the discretion to waive the interview requirement for those applying for H-1, H-2, H-4, L, O, P, and Q visas for the first time who are citizens of a Visa Waiver Program participating country if the individual has previously traveled to the United States under ESTA.  The U.S. Department of State has also extended the policies to waive visa interviews for H-2 visa applicants as well as certain students, professors, research scholars, short-term scholars, or specialists (F, M, and academic J visa applicants) through December 31, 2022.  Additionally, consular officers have the authority to waive the in-person interview requirement for visa applicants renewing a visa in the same visa category within 48 months of the prior visa’s expiration. The categories of visas eligible for an interview waiver as well as the eligibility requirements for each visa type vary. Please contact a CYA attorney for more information.