IMPACT – HIGH

What is the change? Following the World Health Organization’s declaration of an international public health emergency last week, and with the number of reported cases of positive coronavirus increasing daily, governments around the world have started implementing travel bans. This, along with several airlines canceling flights to and from mainland China, will undoubtedly cause delay and uncertainty for thousands of travelers and businesses.

Since Friday, the United States, Singapore, New Zealand and Japan, among other countries, have escalated their response to safeguard against the spread of the coronavirus by implementing travel bans, which are effective immediately, as follows:

United States

Entry of foreign nationals who were physically present in China (excluding Hong Kong and Macau) during the 14 days before their attempted entry into the U.S. will be denied. Lawful permanent residents, their immediate family members and a limited number of other travelers will be exempt.U.S. citizens returning to the U.S. from Hubei Province will be quarantined for up to 14 days upon arrival in the U.S. Those returning from other parts of mainland China will be subject to self-screening measures.

Singapore

Since Feb. 1, 11:59 p.m., all new visitors who have been in mainland China within the last 14 days will not be allowed entry into Singapore, or to transit through Singapore.In the same context, with immediate effect, the Immigration and Checkpoints Authority will suspend the issuance of all forms of new visas to those with passports from the People’s Republic of China (PRC). Singapore’s status as a visa-free transit facility will also be suspended for those with PRC passports. Previously issued short-term and multiple-visit visas for those with PRC passports will also be suspended. During this period of suspension they will not be allowed entry into Singapore.

With immediate effect, the following returning groups will be issued an advisory for them to be placed on a 14-day leave of absence from the day of their return from China:

  • Residents (Singaporean citizens/permanent residents) who have been in mainland China within the last 14 days.
  • Long-term pass holders (including Work Passes and Permits, Student Pass, Dependent Pass and Long term Visit Pass) who have been in mainland China within the last 14 days.

New Zealand

Any foreign traveler who leaves or transits through mainland China after Feb. 2 New Zealand time will be refused entry to New Zealand. Immigration New Zealand’s Beijing office is temporarily closed in line with the Chinese government’s decision to close schools and businesses as part of their ongoing management of coronavirus.

Indonesia

The president held a meeting following evacuation of Indonesians from China. Foreign Minister Retno Marsudi said in a press conference following the meeting that the Indonesian government will temporarily ban direct flights to and from mainland China. The policy will take effect at 12 a.m. local time on Feb. 5.

All visitors coming from mainland China, who had been there for 14 days are also temporarily banned from entering or transiting in Indonesia. The government is also suspending the visa-free policy and issuance of visas-on-arrival to Chinese nationals residing in mainland China for the time being. Indonesian nationals are asked not to travel to mainland China.

Japan

Entry will be denied to any foreign migrants who have visited Hubei Province within the past two weeks or obtained visas there.

Analysis & Comments: Those planning travel to and from mainland China are urged to reconsider their plans amid growing concern about the virus and new travel restrictions. Employers and visa applicants should expect travel and visa processing delays as more countries implement similar measures and visa processing centers remain closed. Employers must be prepared to be flexible with employee schedules and start dates.

We anticipate that more countries will follow suit and implement similar travel bans until this international public health emergency is resolved. We understand that the U.K. government will shortly be announcing short-term guidance to help individuals and employers plan ahead and expect that other governments will do the same. Response to the coronavirus is evolving rapidly, and we will alert clients to additional changes or restrictions as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

US Source: BAL. This alert has been provided by the BAL U.S. and Global Practice groups. For additional information, please contact berryapplemanleiden@bal.com. Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

The United States has implemented new entry restrictions on those traveling from mainland China in an effort to stop the spread of coronavirus.

The restrictions ban most foreign nationals from entering the United States if they have been in China in the past 14 days. They also require mandatory quarantines for U.S. citizens, green card holders, and their immediate family members returning from Hubei Province and health screening for U.S. citizens, green card holders and immediate family members returning from other parts of the Chinese mainland. The United States has canceled visa appointments this week at the U.S. embassy and consulates in China.

Key points:

  • Foreign nationals who were physically present in China, excluding Hong Kong and Macau, during the past 14 days before attempting to travel to the United States will be denied entry. The entry ban does not apply to U.S. citizens, lawful permanent residents, immediate family of U.S. citizens/lawful permanent residents and a limited number of other foreign travelers.
  • U.S. citizens and foreign nationals who are allowed to enter the United States will be diverted to one of 11 U.S. airports: John F. Kennedy International Airport in New York, Chicago O’Hare International Airport, San Francisco International Airport, Seattle-Tacoma International Airport, Daniel K. Inouye International Airport in Honolulu, Los Angeles International Airport, Hartsfield-Jackson Atlanta International Airport, Dallas-Ft. Worth International Airport, Detroit Metro Airport, Michigan, Newark Liberty International Airport, and Washington Dulles International Airport.
  • Returning travelers will be subject to a 14-day quarantine if they have visited Hubei Province. Those returning from other parts of mainland China will be subject to a health check and self-screening measures. Available information indicates that these measures will apply to U.S. citizens, lawful permanent residents and others exempt from the entry ban.
  • The U.S. embassy and consulates have canceled all immigrant and nonimmigrant visa appointments this week. It is not clear when appointments will resume. Those with urgent travel needs should contact BAL.

Background: The coronavirus causes flu-like symptoms and double pneumonia. Thousands of people in China have been infected and some travel-related cases in the U.S. have been detected. The World Health Organization designated the outbreak as a public health emergency of international concern, and a number of countries are moving to impose travel and immigration restrictions to stop the virus from spreading. The U.S. State Department last week urged Americans not to travel to China, and several U.S. airlines followed up by canceling flights to and from mainland China. President Donald Trump signed a proclamation imposing the entry ban on Friday.

BAL Analysis: The measures represent a dramatic escalation in the U.S. response to coronavirus. Those planning travel between the U.S. and China are urged to reconsider their plans. Employers and visa applicants in both China and the U.S. should expect continued delays. Employers must be prepared to be flexible with employee schedules and start dates. The response to the coronavirus is evolving rapidly, and BAL will alert clients to additional changes or restrictions as information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

President Donald Trump signed a proclamation late Friday, imposing an entry ban on most travelers from China amid the coronavirus outbreak. Lawful permanent residents, their immediate family members and a limited number of other travelers will be exempt. The U.S. also moved to implement mandatory quarantines of U.S. citizens returning from Hubei Province in China and said it will cancel visa appointments next week at U.S. consulates in China.

Key points:

  • The proclamation, which is set to take effect Feb. 2 at 5 p.m. EST, bars entry into the U.S. of all foreign nationals who were physically present in China (excluding Hong Kong and Macau) during the 14 days before their attempted entry into the U.S.
  • Exempt from the ban are: (1) lawful permanent residents; (2) spouses of U.S. citizens or lawful permanent residents; (3) parents or legal guardians of unmarried U.S. citizens or lawful permanent residents who are under 21; (4) siblings of U.S. citizens or lawful permanent residents, provided both siblings are unmarried and under 21; (5) children, foster children, wards and certain prospective adoptees of U.S. citizens or lawful permanent residents; (6) anyone traveling at the invitation of the U.S. government to help contain the virus; (7) certain foreign nationals traveling as air or sea crew; (8) those seeking entry to the U.S. as foreign government officials or their immediate family; (9) foreign nationals who do not pose a risk of spreading the virus, as determined by the U.S. Centers for Disease Control and Prevention; and (10) foreign nationals who would advance important law enforcement priorities or whose entry would be in the nationals interest, as determined by the appropriate government officials.
  • The Department of Health and Human Services announced that U.S. citizens returning to the U.S. from Hubei Province would be quarantined for up to 14 days upon arrival in the U.S. Those returning from other parts of mainland China will be subject to self-screening measures. These measures will also take effect Sunday at 5 p.m. EST.
  • The U.S. embassy and consulates in China are canceling all immigrant and nonimmigrant visa appointments the week of Feb. 3. Those with urgent travel needs should contact BAL.

Background: The coronavirus causes flu-like symptoms and double pneumonia. Thousands of people in China have been infected and some travel-related cases in the U.S. have been detected. The World Health Organization designated the outbreak as a public health emergency of international concern, and a number of countries are moving to impose travel and immigration restrictions to stop the virus from spreading. The U.S. State Department on Thursday urged Americans not to travel to China, and several U.S. airlines followed up by canceling flights between mainland China and the U.S.

BAL Analysis: The measures represent a dramatic escalation in the U.S. response to coronavirus. Those planning travel between the U.S. and China are urged to reconsider their plans amid growing concern about the virus and new travel restrictions. Employers and visa applicants in both China and the U.S. should expect continued delays. Employers must be prepared to be flexible with employee schedules and start dates. The response to the coronavirus is evolving rapidly, and BAL will alert clients to additional changes or restrictions as information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

U.S. Citizenship and Immigration Services has published a new version of Form I-9, Employment Eligibility Verification, and a notice in the Federal Register regarding the transition period.

Key points:

  • Employers should begin using the new version immediately.
  • The new version of Form I-9 with a version date of 10/21/2019 is available on the USCIS I-9 page.
  • From Jan. 1 to April 30, employers may use either the previous version (version 07/17/2017) or the new, current version (version 10/21/2019).
  • The previous version (version 07/17/2017) will become obsolete on April 30, 2020.

BAL Analysis: Employers should begin using the new version of Form I-9 immediately and no later than April 30. Employers who fail to use the new version after April 30 may be subject to penalties. Employers do not need to complete the new version of the form for current employees who already have a properly completed Form I-9 on file, unless reverification is required.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

U.S. Citizenship and Immigration Services has announced that the Department of Homeland Security’s public charge rule will be implemented Feb. 24, 2020.

The rule will take effect in all states except Illinois, where it remains subject to a federal court injunction. The announcement comes after a 5-4 Supreme Court ruling to lift a nationwide injunction on the rule; the Court’s ruling did not address the injunction in Illinois.

Key Points:

  • Effective Feb. 24, employers will no longer be able to file the current version of Forms I-129, I-485, I-539, I-539A and I-864. USCIS said it would release new versions of the forms, submission instructions and guidance the week of Feb. 3.
  • Filings postmarked on and after Feb. 24 will be subject to the rule. For nonimmigrant workers changing or extending status, this means they must attest that they have not received public benefits as defined in the regulation since obtaining their nonimmigrant status; they do not need to prove that they will not become a public charge in the future.
  • Adjustment of status (green card) applicants on or after Feb. 24 will be required to submit a new form (Form I-944 Declaration of Self-Sufficiency) and supporting documentation to demonstrate that they will not become a public charge in the future under the regulation’s expanded definitions.
  • The State Department issued a similar public charge rule for visa applicants applying at U.S. consulates abroad, which has not yet been enforced because the accompanying public charge visa questionnaire has yet to be finalized.

Background: DHS published the final public charge rule last August with an effective date of Oct. 15, 2019, but the rule was subsequently enjoined by multiple federal courts. The regulation redefines “public charge” under the Immigration and Nationality Act and significantly tightens rules used by USCIS adjudicators when determining whether an applicant may become a public charge in the future and is therefore inadmissible. The Supreme Court lifted the nationwide injunction earlier this week, clearing the way for the administration to implement the rule while litigation challenging it continues.

BAL Analysis: Employers and applicants for green cards and extensions or changes of nonimmigrant status in the U.S. should anticipate longer case processing timelines and factor in additional preparation time to complete updated or new USCIS forms. Employees should be prepared to furnish documentation and other information requested on the new forms pertaining to their finances, prior use of public benefits, or potential future reliance on public benefits. BAL will provide further updates as additional information is released.

This alert has been provided by the BAL U.S. and Global Practice groups. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

President Donald Trump signed a proclamation today restricting immigrant visa issuance for nationals of six countries. The proclamation is entitled “Proclamation on Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry.”

Key points:

  • The proclamation will take effect at 12:01 a.m. Eastern Standard Time on Feb. 21, 2020.
  • Nationals of Eritrea, Kyrgyzstan, Myanmar, and Nigeria will be restricted from obtaining immigrant visas (including employment-based, family-based, and diversity visas).
  • Nationals of Sudan and Tanzania will be restricted from obtaining immigrant visas under the diversity visa program only.
  • The proclamation does not apply to nonimmigrant (i.e., temporary) visas, such as visitor or business visas, or H-1B and other temporary worker categories.
  • The proclamation will not apply to individuals who have already been granted valid immigrant visas as of the effective date.
  • The proclamation includes exemptions and a waiver process.

BAL Analysis: Employers whose employees may be impacted are encouraged to consult with their BAL professional. The State Department and Department of Homeland Security may release guidance on how the proclamation will be implemented. BAL will continue to monitor these new restrictions and will report additional developments as they become available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

The U.S. State Department has advised Americans not to travel to China, and major airlines have suspended air travel between the United States and the Chinese mainland amid growing concern about the spread of coronavirus.

Key Points:

  • On Thursday, the State Department raised its travel advisory for China to Level 4, urging Americans not to travel to China. The department also urged Americans who are in China to consider leaving. Officials said the government has limited ability to provide resources to U.S. citizens in Hubei province, where the outbreak is believed to have originated.
  • American Airlines, Delta Air Lines and United Airlines announced Friday that they would suspend travel between the United States and the Chinese mainland. American said it would suspend flights immediately through March 27. Delta said it will operate its last flight to the Chinese mainland on Feb. 3 and that flights would then be suspended through April 30. United said it will suspend flights from Feb. 6 until March 28. News reports indicated that American and United will continue operating flights to Hong Kong; Delta does not fly to Hong Kong.
  • U.S. Customs and Border Protection and the Centers for Disease Control continue to conduct screenings for coronavirus for travelers entering the U.S. from China. Beginning Sunday, travelers who have been in China (excluding Hong Kong and Macau) in the past 14 days will be diverted to one of seven U.S. airports for screening. The airports where screening will occur are John F. Kennedy International Airport in New York, Chicago O’Hare International Airport, San Francisco International Airport, Seattle-Tacoma International Airport, Daniel K. Inouye International Airport in Honolulu, Los Angeles International Airport and Hartsfield-Jackson Atlanta International Airport.

Background: The coronavirus causes flu-like symptoms and double pneumonia. Thousands of people in China have been infected and some travel-related cases in the U.S. have been detected. The World Health Organization called the outbreak a Public Health Emergency of International Concern, and a number of countries are moving to impose travel and immigration restrictions to stop the virus’ spread.

BAL Analysis: Those planning travel to China are urged to reconsider their plans amid growing concern about the coronavirus and new travel limitations. Employers and visa applicants in both China and the United States should expect continued processing delays. Employers must be prepared to be flexible with employee schedules and start dates. The response to the coronavirus is evolving rapidly, and BAL will alert clients to additional restrictions as information becomes available.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Colombia has issued a resolution that allows eligible Venezuelan nationals to apply for a Special Stay Permit (PEP) online.

What does the change mean? Venezuelan nationals who meet the PEP eligibility requirements can apply for the permit, at no cost, on the Colombian Migration web page.

  • Resolution: Resolution 0240, 2020
  • Effective date: Jan. 29.
  • Documents impacted: PEP.
  • Who is affected: Venezuelan nationals in Colombia applying for a PEP.
  • Impact on processing: Authorities will now process PEP applications via the Colombian Migration web page. 

Background: Colombia began issuing PEPs to Venezuelan nationals in 2017 in response to the political and economic situation in Venezuela. The PEP is valid for 90 days and renewable for up to two years.

Analysis & Comments: The change is good news for Venezuelan nationals, as they will now be able to apply for residence status online and without paying a fee. For more information on eligibility requirements, please contact your Deloitte representative.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? The government has suspended issuing visas upon arrival to all Chinese nationals in response to the coronavirus outbreak.

What does the change mean? Chinese nationals cannot receive a visa upon arrival until further notice and must obtain a visa before traveling to the Philippines.

  • Implementation time frame: Jan. 27.
  • Visas/permits affected: Visas upon arrival.
  • Who is affected: Chinese nationals and their employers.
  • Impact on processing: Chinese nationals must now obtain a visa before traveling to the Philippines, adding an additional step and possible delays.
  • Next steps: Employers should consider the unavailability of visas on arrival when sending Chinese national employees to the Philippines.

Background: Since the coronavirus was first detected in December, countries have begun issuing travel bans and warnings to prevent the further spread of the virus.

Analysis & Comments: The government hopes the suspension will slow down travel and thereby aid in preventing the spread of the virus. It should be noted that Chinese nationals are not barred from entering the Philippines. Deloitte will continue to monitor the situation and will provide updates as they become available.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? The government has suspended all visa-related processes at the consulate in Wuhan in the Hubei Province and has issued measures to address foreign nationals overstaying their visa or missing the ARC extension deadline because of quarantine for coronavirus.

What does the change mean? Chinese residents of Wuhan and Hubei Province cannot obtain visas from the South Korean Consulate in Wuhan.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: All visas processed by the South Korean Consulate in Wuhan.
  • Who is affected: Chinese residents of Wuhan and Hubei Province applying for South Korean visas.
  • Impact on processing: Processing of all visas is suspended for the South Korean Consulate in Wuhan.
  • Business impact: Companies employing foreign workers from Hubei Province may face reduced staff.
  • Next steps: Employers should be aware of the visa processing suspension when applying for visas for employees who are residents of Hubei Province. Foreign nationals quarantined in South Korea for coronavirus should be sure to obtain documentation of their quarantine if they have overstayed their visa or are applying for an ARC extension.

Background: Since the coronavirus was first detected in December, countries have begun issuing travel bans and warnings to prevent the further spread of the virus. On Jan. 25, the government of South Korea announced that it was suspending all visa processing at its consulate in Wuhan where the coronavirus is believed to have originated, and that it would send a chartered flight to the city to bring its citizens home.

Analysis & Comments: Employers should be aware of the suspension of visas for foreign workers from Hubei Province when filing visa applications. On Jan. 28, the government of South Korea implemented measures to address overstay of visas and missing ARC extension deadlines, saying that short-term visitors would not be penalized for overstaying their visa owing to quarantine. Long-term foreign national residents who miss their ARC extension deadline because of quarantine or treatment will receive a medical document to submit with their extension application. Deloitte will continue to monitor the situation and will provide updates as they become available.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.