When US Lifts Travel Ban: COVID-Passport? Visa Renewal?

When US Lifts Travel Ban: COVID-Passport? Visa Renewal?

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At some place this calendar year, we be expecting that the United States will carry the journey ban that features all of the Schengen international locations, the United Kingdom, China, and other individuals.  When there have been numerous rumors about when this will materialize, the US government continues to be silent.

When the United States lifts the journey ban, US visa holders in the United States will have quite a few issues about regardless of whether they can journey overseas, when they can return, and what impediments they could experience.  The next FAQs tackle these queries.  We will update them as essential.

1. When the United States lifts the journey ban, will I nevertheless want a National Desire Exception?

Response:  No.  If the journey ban is fully lifted and no other constraints are place in its place, journey will return to pre-pandemic “normal.”  In other words and phrases, you will not require any specific progress permission to fly directly to the United States from nations around the world that ended up beforehand less than the vacation ban.  You will also not need to clearly show that you are exempt simply because you have an speedy relative (partner or kid) who is a US citizen.

2. When the United States lifts the travel ban, will I need a Covid vaccination to return right after intercontinental vacation?

Respond to:  Quite possibly. The vacation ban may well be lifted in phases, enabling initially for travel of vaccinated persons.

3. When the United States lifts the vacation ban, will I will need a unfavorable Covid check to return immediately after international vacation?

Response:  Probably. That will be up to the CDC. As of early June 2021, a damaging Covid check is necessary for all US-sure air travellers 2 years of age or older, no matter of where they are traveling from. If the CDC decides to alter this rule, it will be announced on the CDC website.

4. When the United States lifts the journey ban, can I leave the United States and travel to my house country to see my spouse and children and friends?

Respond to:  As a US visa holder, you are normally cost-free to go away. The concern is when you can return, which may well rely on irrespective of whether you require a US visa in your passport that only US consulates can issue.  (See down below.)

5. Will I require a US visa in my passport in purchase to return to the United States to resume my existing nonimmigrant visa status?

Remedy:  Other than for Canadian passport holders (other than E visa holders), just about every work-centered nonimmigrant visa holder ought to have a legitimate, unexpired visa in their passport that matches their get the job done-authorized standing, as indicated on their USCIS acceptance see (Kinds I-797 or I-129S) in purchase to return to the United States.  Loved ones users keeping dependent position will have to also have valid, unexpired visas in their passports to return to the United States.

6. My present-day visa is unexpired and is in the identical group as my approval observe.  Will I need a new visa to return to the United States just after journey overseas?

Solution: As long as you return with your unexpired, valid visa and your acceptance discover in advance of possibly expire, US Customs ought to acknowledge you in the same visa position by the close date stated on the acceptance observe.  For instance, if you have in your passport an unexpired H‑1B visa that references a prior employer’s title and your most current H-1B approval recognize is for a new employer with a for a longer time expiration date than detailed on the visa, the two files together will enable a US Customs officer to confess you in H-1B position. The visa and the acceptance see ought to be in the exact visa classification, nonetheless.

7. My latest visa has expired, but I have an acceptance observe extending my status in the similar visa classification.  Do I want a new visa to return to the United States?

Response:  Yes, you will need to have to use the new approval recognize to get a new visa at a US consulate abroad.  Your family users will need new dependent visas as well.

8. The visa I applied to enter the United States is in a different visa classification than the acceptance observe my employer obtained for me, which changed my visa classification.  Do I want a new visa in get to return to the United States?

Solution:  If the USCIS transformed your standing right after you arrived in the United States, you will have to have a new visa in your passport in the very same visa classification listed on the new approval recognize.  For case in point, if you entered using an F‑1 scholar visa, and then a US firm submitted an H-1B transform of position petition for you and authorised by USCIS, you will have to have an H-1B visa in your passport to return pursuing vacation abroad.  Your family users will want new dependent visas as properly.

9. I heard that if the USCIS extended my standing and/or changed my position to a new visa classification, I can journey to Canada or Mexico and back with out receiving a new visa in my passport.  Is this legitimate?

Reply: Yes, it is legitimate, but only if you are visiting both of these international locations for 30 days or much less, you do not use for a US visa though there, and you do not vacation to a further place in in between departing from and returning to the United States.  This procedure is the “automatic revalidation of visa at port of entry”.  You should really consult with an legal professional just before working with this provision of regulation to make certain that it is nonetheless offered when you plan to return and that you have the necessary documentation to return following your short vacation.

10. I heard that scheduling visa appointments at US consulates has been quite hard through the pandemic and while the travel ban has been in put.  The moment the United States lifts the journey ban, will it be easier to agenda visa appointments overseas?

Response: Possibly, but most likely not quickly. We count on lingering backlogs in visa appointments. Whilst we do expect that US consulates will return to pre-COVID appointment scheduling, we do not count on it to happen quite rapidly.  When the United States lifts the journey ban, the consulates may possibly not be working at entire employees.  Even people that will be totally staffed will not probably return promptly to pre-COVID scheduling, as there is nonetheless a risk of COVID transmission in many nations around the world.  As the vaccine rollout becomes additional widespread, US consulates are likely to make additional appointments offered.  For nations around the world with mounting COVID instances, appointments will continue being tricky to protected.  At this time, most US consulates are only scheduling emergency appointments, and those scheduling frequent appointments are carrying out so for late 2021 and early- to mid-2022.

11. I have a visa appointment scheduled for early 2022.  If the consulate opens up more appointments, will my appointment be moved to an before date?

Reply:  It may perhaps rely on the unique consulate regardless of whether it will instantly go appointments to previously dates, or regardless of whether it falls on the applicant to reschedule.  It is sensible to check out the consulate’s internet site usually to see if earlier appointments become offered.  This may need examining everyday.

12. What are the chances that I can protected an unexpected emergency appointment to obtain my visa?

Remedy:  Small. At this time, US consulates are inundated with unexpected emergency appointment requests, most of which are denied.  Unless of course the crisis rises to a existence-or-demise circumstance, you can suppose that you will not get a single.  On the other hand, there is no damage in producing the request.

13. Can I use for a US visa at a US consulate in a state other than my dwelling country?

Solution: Probably not. Since visa appointments are difficult to routine, most US consulates are not entertaining visa purposes from third-nation nationals and are only granting visa appointments to neighborhood citizens or prolonged-phrase citizens.

14. Can I renew my visa although I am in the United States?

Solution:  Regrettably no. The ability to implement to the Point out Division for “visa revalidation” ended following the tragic events of 9/11/2001.  Consequently, you will have to use at a US consulate abroad.  There are rumors that the US might reinstate visa revalidation in the United States at some stage to relieve the backlogs at US consulates, but we do not know if or when this could become a fact.

15. I have an unexpired B-1/B-2 visitor’s visa in my passport.  Can I use it to return to the United States to continue on my employment?

Solution: No. You can not use a B-1/B-2 visa (or any other nonimmigrant visa not similar to your get the job done-authorized acceptance discover) to enter the United States for work.  Carrying out so would be visa and immigration fraud, and your US employer would be at possibility for using you when not approved to do so.  You also should not use it to enter the United States intending to have your employer re-sponsor you for a perform-authorized transform of position, as you simply cannot enter as a customer with the intention of altering position following arrival.

16. I have an unexpired ESTA (Visa Waiver) registration (or can get the registration). Can I use it to return to the United States to continue my work?

Response:   No. You are not able to use ESTA to enter the United States for work.  Executing so would be visa and immigration fraud, and your US employer would be at risk for using you when not approved to do so.  You also are not able to implement to extend your ESTA visit or to modify to a new standing while you are in the United States.

17. Can I request for Congressional assistance to schedule a visa appointment?

Remedy: You can definitely achieve out to your member of Congress for these assistance having said that, it is unlikely that you will be prosperous, as Congressional offices are inundated with these kinds of requests.  If you have compelling info, it could assistance, but except if you have a lifestyle-or-dying scenario, Congressional aid is not most likely to assist.

18. If I depart the United States and can’t get a new visa, can I get the job done from abroad right up until I can acquire the new visa to return to the United States?

Response:  It depends on your company’s guidelines. Your employer may well not let you to complete your US situation from overseas, as it might increase tax or other authorized concerns.  This is something you must examine with your manager, human resources, and/or your global mobility section before making options to depart.


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National Law Review, Quantity XI, Selection 162

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