Suspension of U.S. Domestic and Overseas Immigration/Visa Services Because of COVID-19

The COVID-19 pandemic has stopped or slowed down most of the regular business activities of the world.  In response to the challenges related to the Coronavirus, various U.S. government agencies have also taken significant measures to protect public health. Both local and overseas immigration and visa services are also severely limited. 

Routine U.S. Consulate Visa Services Suspended 

As of 03/20/2020, the U.S. Department of State is temporarily suspending all routine visa services at all U.S. Embassies and Consulates.  All routine immigrant and nonimmigrant visa appointments are cancelled.  Urgent and emergency visa services are provided based on each embassy's or consulate's available resources. Visa applicants should refer to each embassy/consulate's website for further information. It should be noted that the ESTA/Visa Waiver Program is still available.  The Machine Readable Visa (MRV) fee is valid and may be used for a visa appointment in the country where it was purchased within one year of the date of payment.

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ESTA/Visa Waiver Travelers May Extend Status 

Individuals admitted to the U.S. through John F. Kennedy International Airport, NY (JFK) and Newark Liberty International Airport, NJ (EWR) under the VWP/ESTA program who are not able to depart the U.S, before their authorized period of stay because of COVID-19 related issues can contact the Deferred Inspections office, (718) 553-3683,  at JFK, starting Monday, 03/16/2020, M-F, 9am to 4pm ET and request Satisfactory Departure for up to 30 days. Contact the CBP office of other airports for their specific procedures. 

USCIS Suspended Routine In-Person Services Until May 3rd.

As of 03/18/2020, U.S. Citizenship and Immigration Services has suspended routine in-person services, including all interviews and biometrics appointments, until at least May 3rd. USCIS will continue to adjudicate applications submitted by mail. USCIS will send out new appointment notices to applicants. Applicants may also request for new appointments with USCIS. Individuals who need emergency services must schedule an appointment through the USCIS Contact Center, 800-375-5283. 

Premium Processing Services Suspended

USCIS suspended premium processing service for this year's H-1B CAP petitions until May and June 2020.  As of 03/20/2020, premium processing service has also been suspended for all I-129 and I-140 petitions until further notice. 

Scanned and Photocopied Signatures Temporarily Allowed 

USCIS has temporarily relaxed the requirement of original signatures in immigration petitions.  Previously certain applications including the I-129 petition must be submitted with the original signatures of the petitioners and applicants.  

Poland Nominated for Visa Waiver Program

The Department of State has announced that Poland has been formally nominated to join the Visa Waiver Program. After induction is finalized, Polish citizens will be able to apply to enter the U.S. for short trips without a visa.

What is the visa waiver program? Nationals of countries participating in this program can enter the U.S. for periods of less than 90 days for business or pleasure without a visa. They must first receive approval through the Electronic System for Travel Authorization (ESTA). The ESTA is an online system used by Customs and Border Patrol (CBP) to determine eligibility of travelers for tourism and business purposes. Approval usually lasts 2 years and a new ESTA is required for any major changes such as new passport, name, gender, and country of citizenship.  There are 38 countries currently in the Visa Waiver Program.

Visa Waiver Program Subject to Stricter Vetting Process

Frequent flyers under the Visa Waiver Program will likely face longer processing times. This is due to planned changes to the ESTA (Electronic System for Travel Authorization), beginning in December 2018.

The Visa Waiver Program allows nationals of certain countries to travel to the States and take tourist or business visits of less than 90 days without first obtaining a visa. The ESTA is a tool that aids the visa waiver adjudication process. The Customs and Border Patrol (CBP), a branch of the Department of Homeland Security, determines whether an ESTA application is approved and for how long the traveler is admitted to the States. An implementation plan released in August describes how the government plans to update the ESTA vetting process.

The proposed plan is meant to implement the Trump Administration's National Security Presidential Memorandum-9 (NSPM-9), ''Optimizing the Use of Federal Government Information in Support of the National Vetting Enterprise". Phase one of the plan is to develop standardized processes to share information among the National Visa Center (NVC), Adjudication Agencies, and Vetting Support Agencies. The purposes of these processes are: (1) for Adjudication Agencies to share information with the Intelligence Community and law enforcement, (2) for Vetting Support Agencies to share analysis results with Adjudication Agency analysts in a shared location, and (3) for these analysts to provide feedback on these results. A management system for NVC processes and for ensuring compliance with legal and privacy and civil liberties standards is also included in this plan.

Phase two will start in 2019 and will scale phase one mechanisms up. This includes incorporating more Vetting Request Sets. More information will probably be disclosed in the near future and will depend on how phase one develops.

The ESTA application itself will remain the same for now. Applicants will likely experience longer waits, so it would be wise to submit applications earlier. Lengthier waits should also be taken into consideration when planning trips.  

The Visa Waiver Program is a great way for frequent international travelers to enter the U.S. without going through the lengthy visa application process.  Citizens or nationals of many countries are currently eligible to travel to the United States under the VWP including Hungary, New Zealand, Australia, Iceland, Norway, Austria, Ireland, Portugal, Belgium, Italy, Japan, Singapore, Republic of Korea, Slovakia, Czech Republic, Latvia, Slovenia, Denmark, Spain, Sweden, Finland, Luxembourg, Switzerland, France, Malta, Taiwan, Germany, Monaco, United Kingdom,  Greece, The Netherlands, etc.  Chili became the 38th country eligible for VWP in 2014. 

FAQs on the Visa Waiver (VWP) and the ESTA Programs

Frequent travelers understand the importance of speed and convenience when it comes to international travel.  The United States have established two important programs to make it faster and less burdensome for certain frequent travelers to the United States. They are the Visa Waiver Program and Electronic System for Travel Authorization (ESTA). The following are some important FAQs about them as provided by the CBP:

Q: What is the Visa Waiver Program?

A: The Visa Waiver Program (VWP) is administered by DHS and enables eligible citizens or nationals of designated countries to travel to the United States for tourism or business for stays of 90 days or less without first obtaining a visa.

Q: Which countries participate in the Visa Waiver Program?

A: Citizens or nationals of the following countries are currently eligible to travel to the United States under the VWP:

Andorra, Hungary, New Zealand, Australia, Iceland, Norway, Austria, Ireland, Portugal, Belgium, Italy, San Marino, Brunei, Japan, Singapore, Chile, Republic of Korea, Slovakia, Czech Republic, Latvia, Slovenia, Denmark, Liechtenstein, Spain, Estonia, Lithuania, Sweden, Finland, Luxembourg, Switzerland, France, Malta, Taiwan, Germany, Monaco, United Kingdom,  Greece, The Netherlands.    

Q: What are the passport requirements to travel under the Visa Waiver Program?

A: Travel under the VWP is restricted to travelers possessing passports with specified security features. All VWP travelers must have a machine-readable passport. In addition, depending on when VWP travelers’ passports were issued, other passport requirements apply.  Ex. Nationals of Chile, the Czech Republic, Estonia, Greece, Hungary, the Republic of Korea, Latvia, Lithuania, Malta, Slovakia, and Taiwan require passports with an integrated chip containing the information from the data page. 

Q:  What is the ESTA System?

The Electronic System for Travel Authorization (ESTA) is an automated system that assists in determining eligibility of an individual to travel to the United States under the Visa Waiver Program. Any individual wishing to travel to the United States visa free must first apply for permission on-line using ESTA.  ESTA is not a visa and does not replace a visa when one is needed.  The ESTA system eliminated the need for the issuance of the paper I-94 and I-94W forms. Approval of ESTA does not guarantee entry into the United States.

Q: How does the U.S. government protect the privacy of ESTA data and who has access to it?

A: Information submitted by applicants through the ESTA website is subject to the same strict privacy provisions and controls that have been established for similar traveler screening programs. Access to such information is limited to those with a professional need to know. 

Q: Who is required to apply for ESTA?

A: All eligible nationals or citizens of VWP countries who plan to travel to the United States for temporary business or pleasure under VWP are required to receive an authorization through ESTA prior to boarding a U.S.-bound airplane or vessel. The term "United States" refers to the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

Accompanied and unaccompanied children, regardless of age, are also required to obtain an independent ESTA approval. A third party, such as a relative or travel agent, is permitted to submit an ESTA application on behalf of a VWP traveler. 

Q: Do nationals or citizens of countries that participate in the VWP require an ESTA if they are only transiting the United States en route to another country?

A: Yes. Eligible nationals or citizens of countries that participate in the VWP require either an ESTA or a visa to transit the United States. Transit traveler should enter the words "In Transit" and his or her final destination in the address lines under the heading “Address While In The United States.”

Q: When can a traveler apply for travel authorization via ESTA?

A:   A VWP traveler should apply for ESTA when planning a trip to visit the United States. CBP recommends that you apply at least 72 hours before travel.  Travelers may file ESTA applications through the ESTA web site.

Q: What happens if a VWP participant travels to the United States when ESTA is mandatory, but somehow does not have an ESTA?

A:    VWP travelers who have not received an ESTA approval may be denied boarding, experience delayed processing, or be denied admission at a U.S. port of entry. CBP will handle emergency situations on a case-by-case basis.

Q: Do VWP travelers arriving in the United States from a non-VWP country need an ESTA?

All VWP travelers arriving by U.S.-bound airplane or vessel, regardless of their country of origination or port of embarkation, require an approved ESTA.

Q: Can a VWP traveler with more than one passport travel to the United States on the passport that was not used when applying for an ESTA?

A: No. Each  VWP traveler must have an approved ESTA for the passport he or she plans to use for travel to the United States. If travelers acquire a new passport, they must submit a new ESTA application for their new passport.

Q: My passport shows an 'X' sex marker. How do I complete the gender portion of ESTA?

A: ESTA does not currently have a gender X to choose from on the application. It is suggested  that the traveler choose whichever choice they feel most comfortable with. ESTA will not be denied solely on the gender chosen on the application.

Q.  How long is the ESTA status valid for?

Each approved ESTA application generally is valid for two years or until the applicants’ passport expires, whichever comes first. A new travel authorization is required if: (1) the traveler is issued a new passport; (2) the traveler changes his or her name; (3) the traveler changes his or her gender; (4) the traveler’s country of citizenship changes; or (5) other information in the application has changed. The associated  fee will be charged for each new application submitted.

Q: What information is needed in order to complete the ESTA application?

A:     The traveler must provide, in English, biographical data including name, birth date and passport information. The traveler also must answer VWP eligibility questions regarding communicable diseases, arrests and convictions for certain crimes, past history of visa  revocation or deportation and other questions. The traveler  will also need  their credit card information to pay the associated fees in order to complete the ESTA application.

Q: Can  I contact somebody for assistance regarding ESTA?

A: You may call the CBP Info Center  at (202) 325-8000 or 1-877-227-5511. 

CBP Announces Additional Enhancements to the Electronic System for Travel Authorization

WASHINGTON—U.S. Customs and Border Protection today (Feb. 23, 2016) announced additional enhancements to the Electronic System for Travel Authorization (ESTA), as part of the continued implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act).

Last month, the United States began implementing changes under the Act. Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):

Nationals of VWP countries who have been present in Iraq, Syria, or countries listed under specified designation lists (currently including Iran and Sudan) at any time on or after March 1, 2011 (with limited government/military exceptions).

Nationals of VWP countries who are also nationals of Iraq, Syria, Iran, or Sudan.

As part of the implementation, as of today an updated ESTA application form is now available. The new form contains additional questions to address the travel eligibility requirements called for in the Act. CBP encourages travelers seeking an ESTA to use the enhanced system, which will also assist in making determinations on the potential granting of a waiver. Travelers will not be able to apply separately for a waiver of the new restrictions.

Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interest of the United States. Such waivers will be granted only on a case-by-case basis in the near future. As a general matter, categories of travelers who may be eligible for a waiver include individuals who traveled to these countries on behalf of international organizations, regional organizations, and sub-national governments on official duty; on behalf of humanitarian non-governmental organizations on official duty; or as a journalist for reporting purposes. Additionally individuals who traveled to Iran (only after July 14, 2015) or Iraq for legitimate business-related purposes may be eligible for a waiver.

Additionally, pursuant to the Act, last week the Secretary of Homeland Security determined that Libya, Somalia and Yemen be included as countries of concern, specifically for individuals who have traveled to these countries since March 1, 2011. An updated ESTA application with additional questions on travel to Libya, Somalia, and Yemen will be released this spring 2016 to address exceptions for diplomatic- and military-related travel provided for in the Act.  As announced last week, as a general matter, categories of travelers who may be eligible for a waiver include individuals who traveled to these countries on behalf of international organizations, regional organizations, and sub-national governments on official duty; on behalf of a humanitarian NGO on official duty; or as a journalist for reporting purposes.

DHS continues to review the security of the Visa Waiver Program, the threat environment, and potential vulnerabilities. These recent measures are the latest in a series of actions over the past 15 months to strengthen the security of the VWP and ensure the Program’s requirements are commensurate with the growing threat from foreign terrorist fighters, many of whom are nationals of VWP countries.

Individuals will still be able to apply for a visa using the regular immigration process at U.S. embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates stand ready to provide visa interview appointments on an expedited basis. The new law does not ban travel to the United States, or admission into the United States, and the great majority of VWP travelers will not be affected.

Current ESTA holders should check their ESTA status prior to travel on CBP’s website, esta.cbp.dhs.gov. If a traveler needs to speak to someone immediately, they may contact the CBP information Center, www.cbp.gov/contact or their closest U.S. embassy or consulate.

Information on visa applications can be found at travel.state.gov.

(Release on February 23, 2016, http://www.cbp.gov/newsroom)