The U.S. Mission in Turkey has resumed limited processing of nonimmigrant visas following the earlier suspension of nonimmigrant visa services in all U.S. diplomatic posts in Turkey back on Oct. 8, 2017. The U.S. Mission in Turkey will process nonimmigrant visas on a limited basis with a reduced number of appointments in both Ankara and Istanbul. Applicants with previously canceled visa appointments may access the internet-based appointment system to select any open date to schedule a new visa appointment. Please contact your GT attorney for more information on options for visa appointments in Turkey. Meanwhile, we will continue to monitor this matter.

For more information on visa services in Turkey, please click here.

The U.S. Embassy announced it was suspending all nonimmigrant visa services in all U.S. diplomatic posts in Turkey. Turkey responded within a few hours of the U.S. Embassy’s announcement by saying it would no longer issue visas to U.S. citizens, including the physical “sticker” visas at border posts as well as the online Turkish electronic visa (e-visa).

Continue Reading U.S. Suspends Nonimmigrant Visa Services in Turkey; Turkey Responds by Suspending Visas to U.S. Citizens

Polish citizens no longer need a visa to travel to Turkey. Turkey’s Prime Minister Ahmet Davutoğlu announced the visa policy change on Dec. 8 during a two-day visit to Warsaw. Davutoğlu explained that the government had done away with the visa requirement to “boost interaction” between Turkey and Poland. In return, Poland’s Prime Minister Ewa Kopacz promised to increase flights between the two countries and to support Turkey in its visa liberalization agreement with the European Union, which should result in visa-free EU travel for Turkish citizens starting in 2016. Poland has been a member of the EU since 2004.

 

 

On Nov. 8, 2023, the Department of Homeland Security (DHS) announced the list of countries whose nationals will be eligible to participate in the H-2A visa program for agricultural workers and the H-2B visa program for non-agricultural workers in 2024. The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs. Typically, U.S. Citizenship and Immigration Services (USCIS) approves H-2A and H-2B petitions only for nationals of countries designated by the Secretary of Homeland Security as eligible to participate in these programs. However, USCIS may still approve H-2A and H-2B nonimmigrant visa petitions for nationals of non-designated countries if USCIS determines, as a matter of discretion and on a case-by-case basis, that it is in the interest of the United States for the individual to be a beneficiary of such petition.

Effective Nov. 9, 2023, the Secretary of Homeland Security added Bolivia to the list of countries eligible for participation in the H-2A and H-2B nonimmigrant visa programs. Specifically, in sum, the Secretary of Homeland Security identified 87 countries whose nationals are eligible to participate in the H-2A program for agricultural workers, and 88 countries whose nationals are eligible to participate in the H-2B program for non-agricultural workers for 2024. These designations are effective from Nov. 9, 2023, to Nov. 8, 2024. The notice listing the eligible countries was published in the Federal Register Nov. 9, 2023. This notice does not affect the status of H-2A and H-2B beneficiaries who are currently in the United States unless they apply to extend their stay in H-2A/H-2B status on or after the publication date of the Federal Register notice, Nov. 9, 2023. Similarly, this notice would not affect the eligibility of an H-2A and H-2B beneficiary to apply for an H-2 visa stamp at the U.S. Embassy or Consulate abroad and seek admission to the United States based on an H-2A/H-2B nonimmigrant petition approved prior to Nov. 9, 2023.

According to the Secretary of Homeland Security’s designations, effective Nov. 9, 2023, to Nov. 8, 2024, nationals of the following countries are eligible to receive H-2A and H-2B nonimmigrant visas in the United States:

AndorraThe Kingdom of EswatiniMadagascarSaint Lucia
ArgentinaFijiMaltaSan Marino
AustraliaFinlandMauritiusSerbia
AustriaFranceMexicoSingapore
BarbadosGermanyMonacoSlovakia
BelgiumGreeceMongolia* (*eligible to participate in the H-2B program only)Slovenia
BoliviaGrenadaMontenegroSolomon Islands
Bosnia and HerzegovinaGuatemalaMozambiqueSouth Africa
BrazilHaitiNauruSouth Korea
BruneiHondurasThe NetherlandsSpain
BulgariaHungaryNew ZealandSt. Vincent and the Grenadines
CanadaIcelandNicaraguaSweden
ChileIrelandNorth MacedoniaSwitzerland
ColombiaIsraelNorwayTaiwan
Costa RicaItalyPanamaThailand
CroatiaJamaicaPapua New GuineaTimor-Leste
Republic of CyprusJapanParaguay** (**eligible to participate in the H-2A program only)Turkey
Czech RepublicKiribatiPeruTuvalu
DenmarkLatviaThe Philippines* (*eligible to participate in the H-2B program only)Ukraine
Dominican RepublicLiechtensteinPolandUnited Kingdom
EcuadorLithuaniaPortugalUruguay
El SalvadorLuxembourgRomaniaVanuatu
Estonia   

On Dec. 15, 2022, Congress passed the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (the “2023 NDAA”), which contains two key changes to the eligibility for E visas:

  • First, Portugal has now been designated as a treaty country. Thus, Portuguese passport holders are eligible to obtain E-1 and E-2 visas as Treaty Trader/Treaty Investors.
  • Second, the 2023 NDAA inserted a limitation on the eligibility for an E visa by adding a new requirement that E visa applicants who have acquired citizenship of a treaty country via financial investment must have been “domiciled” in the treaty country for a “a continuous period of not less than three years at any point before applying” for the E visa. Notably, this new requirement does not apply to existing or previous E visa holders.

The purpose of this provision is to limit a pathway to U.S. residency that was previously open to individuals who applied for citizenship by investment programs in certain E visa treaty countries, primarily Grenada. In these scenarios, the individual from a non-E visa treaty country would obtain citizenship in Grenada via investment, and then use their newfound Grenadian citizenship to apply for an E visa. Thus, the value of the Grenadian passport to these individuals was the ability to obtain an E visa.

Individuals from countries where investment migration is popular, such as India and China, have long had a desire to access the United States for purposes of school, investment, or retirement, among other reasons. Because China and India are not E visa treaty countries, individuals from those countries have less options for migration to the United States, particularly if they do not have a qualifying family relative. Obtaining citizenship from a country such as Grenada became a worthwhile endeavor in order to access the United States. This was especially so because the E visa has many advantages, such as a relatively low amount of investment, the ability to include spouses and dependent children under the age of 21 with one investment, long visa validity periods, and the ability to renew the E visa indefinitely.

For some, this provision takes effect immediately. Thus, an individual who has made, or intends to make, an investment in a citizenship by investment country eligible for an E visa finds themselves newly ineligible for such E visa, unless they can show they have “…been domiciled for a continuous period of not less than three years at any point before applying for…” an E visa.

The term “domicile” is not found in the 2023 NDAA, and it is unclear how the U.S. Department of State will apply this requirement to E visa applicants. The word “domicile” under U.S. law pertaining to immigration has been subject to change and dispute over the years because the Immigration and Nationality Act (INA) does not generally define “domicile.”

In other contexts, such as the use of “domicile” under INA 213A as interpreted by the State Department (the provision of law relating to the domicile of a U.S. sponsor), “domicile” means the place where an individual has their principal residence with the intention to maintain that residence for the foreseeable future. In this context, under the Foreign Affairs Manual issued by the State Department, evidence that an individual is “domiciled” in the United States can include (i) opening a bank account; (ii) transferring funds to the United States; (iii) Making investments in the United States; (iv) Seeking employment in the United States; (v) Registering children in U.S. schools; (vi) Applying for a Social Security number; and (vii) Voting in local, State, or Federal elections.

This State Department interpretation is generally consistent with other areas of U.S. immigration law that define “domicile,” such as certain areas of law defining U.S. citizenship by adopted children[3] and residents of the Commonwealth of the Northern Mariana Islands,[4] which also generally defines “domicile” as the place where an individual maintains a residency with the intent to reside in that place for an indefinite period. These definitions are consistent with the common law interpretation of “domicile,” which also generally defines a “domicile” as a “person’s true, fixed, principal, and permanent home, to which that person intends to return and remain even though currently residing elsewhere.”[5]

While this is not an exhaustive review of U.S. law as it relates to the term “domicile,” it does provide a general idea of what to expect once the State Department announces guidance on this change in law. Applying this guidance to the new E visa requirement of “domicile” could entail requiring the applicant to show a residence in the treaty country, investments in the treaty country, bank accounts in the treaty country, funds in the treaty country, employment in the treaty country, participation in the treaty country elections and/or civic life, and/or, if applicable, attendance at schools in the treaty country by children of the applicant. Further, as like most areas of U.S. immigration law, this will not be a one-size-fits-all approach, and a totality of the circumstances review in the discretion of the adjudicating consular officer should be expected. Applicants interested in applying for an E visa after acquiring citizenship by investment will need to wait for the State Department to issue guidance, likely in the form of an updated Foreign Affairs Manual.

Finally, it remains to be seen whether these changes in the 2023 NDAA violate U.S. treaty obligations for E visa countries with citizenship by investment programs (e.g., Grenada, Turkey, Austria, Jordan, etc.). Generally speaking, E visa treaties require each party to permit and treat investment activities in the United States on a basis no less favorable to that accorded the other party, must provide “fair and equitable treatment” to the other party, to not impair, through unreasonable or discriminatory means, investments of a party, among other requirements.[6] Given the amount of investment seen by some of these countries solely due to the access to an E visa, and the less favorable treatment nationals of those countries will now receive, particularly in comparison to other E visa countries without citizenship by investment programs, it is conceivable these E visa countries raise a diplomatic issue with these new provisions.


[1] See 9 FAM 601.14-7(a)(1).

[2] See 9 FAM 601.14-7(a)(3)

[3] See INA 101(c) and INA 101(a)(33)

[4] See Section 1005(e) of the Covenant to Establish the Commonwealth of the Northern Mariana Islands in Political Union with the United States (Act of Mar. 24, 1976, Public Law No. 94-241, 90 Stat. 263, 48 U.S.C. 1801). See also 8 FAM 302.2-4.

[5] See Black’s Law Dictionary (11th ed. 2019). See also Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48, 109 S.Ct. 1597, 104 L.Ed.2d 29 (1989) (defining “domicile” as “physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there”), cited in in the immigration context by Morel v. INS, 90 F. 3d 833 (3rd Cir., 1996).

[6] See e.g., Treaty between the Government of the United States of America and the Government of the Hashemite Kingdom of Jordan Concerning the Encouragement and Reciprocal Protection of Investment, with Annex and Protocol, signed at Amman on July 2, 1997, or The Treaty between the United States of America and Grenada concerning the Reciprocal Encouragement and Protection of Investment, signed at Washington on May 2, 1986.

Update:  USCIS extends its closure to June 4.

With the spread of COVID-19 and the attempt to prevent its spread, in addition to the travel bans in place by the President, U.S. government agencies are starting to shut down.  Furthermore, other countries are starting to follow suit and shut its borders in an attempt to contain the virus.

USCIS announced on April 3, 2020, that it will shut all its field offices, Application Support Centers, and asylum offices until at least May 3. This will affect procedures such as biometrics, adjustment of status interviews, oath ceremonies, etc. USCIS will still continue to provide emergency services. Those who had appointment notices will receive a new appointment notice for their schedule appearances. Please visit the USCIS website for more information.

There is no update yet regarding the closures of Service Centers, which process immigrant and nonimmigrant petitions.

U.S. Consulates and Embassies Closures

Due to the concern of COVID-19 spread, U.S. consulates and embassies around the world are beginning to either close, or severely limit its services. The current trend is that most U.S. consulates or embassies will close very soon. Please check with the location where you have an appointment before attending to confirm whether it is still offering services, or staying open. As of this date, the following have either closed, or have limited services, and we include the below list which is not comprehensive. Please check each consulate’s specific website.

Europe

  • United Kingdom
  • Ireland
  • France
  • Italy
  • Spain
  • Belgium
  • Greece
  • Germany
  • Hungary
  • Norway
  • Poland
  • Sweden
  • Switzerland
  • Albania
  • Andorra
  • Austria
  • Azerbaijan
  • Belarus
  • Bosnia
  • Bulgaria
  • Croatia
  • Cypress
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • Iceland
  • Latvia
  • Liechtenstein
  • Lithuania
  • Netherlands
  • Romani
  • Russia
  • Serbia
  • Slovakia
  • Ukraine

Central America/ Americas

  • Mexico
  • Costa Rica
  • Panama
  • Barbados
  • Belize
  • Dominican Republic

Asia

  • Japan
  • Hong Kong/ Macau
  • India
  • Vietnam
  • South Korea
  • China
  • Armenia
  • Iraq
  • Israel
  • Kazakhstan
  • Kuwait
  • Kyrgyzstan
  • Lebanon
  • Oman
  • Qatar
  • Saudi Arabia
  • Tajikistan
  • Turkey
  • Turkmenistan
  • UAE
  • Uzbekistan

Africa

  • Algeria
  • Morocco
  • Nigeria
  • Togo
  • Tunisia
  • Zimbabwe
  • Rwanda
  • Gabon
  • Gambia
  • Benin
  • Burkina Faso
  • Dem Rep of Congo
  • Ethiopia
  • Ghana
  • Lesotho
  • Liberia
  • Malawi
  • Senegal
  • Sierra Leone
  • South Africa
  • Sudan

Pacific

  • Australia
  • Philippines
  • Indonesia
  • Malaysia

South America

  • Chile
  • Ecuador
  • Bolivia
  • Peru
  • Brazil
  • Paraguay
  • Colombia
  • Argentina
  • Venezuela

International Travel Considerations

The U.S. State Department has just issued an alert warning against ANY international travel for U.S. citizens.  Along with the United States, other countries are also putting travel restrictions in place. To check whether there are any issues with leaving the United States and entering another country, access the U.S. State Department Website.

shutterstock_62030287U.S. Department of Homeland Security (DHS) announced its intent to expand air preclearance operations to 10 new foreign airports, located in nine countries, as part of the agency’s efforts to improve national security and to enhance economic opportunities.  Secretary of Homeland Security Jeh Johnson called for the creation of these additional preclearance facilities, saying: “I want to take every opportunity we have to push our homeland security out beyond our borders so that we are not defending the homeland from the one-yard line. Preclearance is a win-win for the traveling public. It provides aviation and homeland security, and it reduces wait times upon arrival at the busiest U.S. airports.”  The 10 airports being considered are: (1) Brussels Airport, Belgium; (2) Punta Cana Airport, Dominican Republic; (3) Narita International Airport, Japan; (4) Amsterdam Airport Schipol, Netherlands; (5) Oslo Airport, Norway; (6) Madrid-Barajas Airport, Spain; (7) Stockholm Arlanda Airport, Sweden; (8) Istanbul Ataturk Airport, Turkey; and (9) London Heathrow Airport and (10) Manchester Airport, United Kingdom.  Continue Reading DHS Aims to Expand CBP Preclearance Operations to 10 Additional Airports Abroad

The United Kingdom government has announced a plan to expand The Super Priority Visa Service in April 2015. Currently, this service is available to Chinese and Indian business travelers, and provides decisions within 24 hours to individuals who need to travel to the United Kingdom urgently. The following countries will benefit from this expansion: Continue Reading UK Government Announces Expansion of 24 Hour Visa Service