Consular National Interest Exceptions to the COVID-19 Travel Ban to Remain Valid for 12 Months and for Multiple Entries
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Colleen L. Caden
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Avram Morell
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Maria Fernanda Gandarez
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Kimberly N. Grant
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On July 6, 2021, the Department of State announced new National Interest Exception guidance: National Interest Exceptions granted at Consular Posts abroad will now be valid for 12 months and for multiple entries to the United States. Significantly, this guidance also applies retroactively to individuals granted National Interest Exceptions within the last 12-months. If it has been more than 12 months since the last National Interest Exception was approved, it must be re-assessed by a Consular Officer.
By way of background, over the course of the COVID-19 pandemic, Presidents Trump and Biden have issued several Presidential Proclamations restricting travel from China, Iran, Brazil, South Africa, the Schengen Area, the United Kingdom, Ireland, and India. These "travel bans" include various exceptions, including situations where the travel is deemed to be in the national interest of the United States.
The Department of State has set forth several criteria for consular officers to consider when making determinations regarding eligibility for National Interest Exceptions under the Presidential Proclamations. Among the extensive list of those who may qualify for a National Interest Exception are those traveling to provide vital support or executive direction to critical infrastructure; those traveling to provide vital support or executive direction for significant economic activity in the United States; journalists; students; those traveling due to extraordinary humanitarian circumstances; or those traveling in support of national security or public health. National Interest Exceptions have been granted sparingly at most consulates and often take weeks to adjudicate.
Previously, individuals who met the criteria were granted National Interest Exceptions valid for 30 days and for only a single entry to the United States. Repeat travel required a new application, with the attendant lengthy wait times and unpredictable results. Thus, the new guidelines reflect a welcome change for those seeking to make several trips to the US for important business and projects.
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Colleen L. Caden
Partner Colleen Caden, chair of Pryor Cashman’s Immigration Group, is widely recognized as one of the country’s top immigration lawyers. She represents clients in the pharmaceutical, media, consumer products, consulting, and food and beverage industries, among others, as well as the professional sports, arts, and entertainment fields. Exclusively practicing immigration law for 20 years, Colleen uses her deep knowledge of the field to offer creative, strategic solutions to her clients. Skilled in all aspects of immigration and nationality law, Colleen helps employers and their employees comply with the U.S. Department of Labor and U.S. Citizenship and Immigration Services regulations. She has extensive experience advising clients on: The development and implementation of immigration programs and policies Strategic long- and short-term immigration planning to meet unique workforce requirements Immigration issues related to changing corporate structures and international relocations and expansions A frequent speaker on U.S. business immigration issues, Colleen regularly shares her insight on topics ranging from temporary visa petitions to permanent residency applications with management executives and in-house counsel. The “Go-To” Attorney for Sports Immigration Matters Colleen has one of the country’s leading professional sports practices and is retained to represent professional sports teams, leagues, athletes, and professional staff in immigration-related matters. She advises on issues that range from hiring foreign athletes to play professionally in the U.S., to managing international travel issues, to obtaining employment authorization for coaches and other sports professionals. Colleen also conducts immigration training for professional sports leagues. Recognizing that immigration issues often demand immediate and decisive action, Colleen is committed to being accessible to her clients whenever they need her. She also works with her Pryor Cashman colleagues to provide clients with a seamless legal experience when they require counsel in matters such as tax, corporate, intellectual property, family law, and real estate. Education Brooklyn Law School (J.D., 1999) New York University (M.A., 1993) New York University (B.A., 1991) Recognition Recognized as a leading immigration attorney by Chambers USA (2016-21) Named one of Lawdragon 500 Leading U.S. Corporate Employment Lawyers - Immigration (2020) Named a top immigration attorney by Best Lawyers in America (2011-22) Named a leading immigration attorney by The Legal 500 US (2015-21) Named a "Trailblazer" in immigration law by the National Law Journal (2019) Named among the "Most Powerful Employment Attorneys” by Human Resource Executive and Lawdragon (2012-20) Named a top immigration attorney by Super Lawyers (2011-21) Named among the top 100 "Leading Women Lawyers in New York City" by Crain's (2018) Named a "Female Powerbroker" by Law360 (2014) Named to Super Lawyers "Top 50 Women Lawyers" list (2012-13) Received "Alumni Award for Excellence in the Practice of Law" from Brooklyn Law School’s Legal Association for Women (2014) Community New York Junior League Named “Outstanding Volunteer” (2014) Board of Directors, Brooklyn Law School Alumni Association Admissions New York, 2000 New Jersey, 1999 Professional Affiliations American Immigration Lawyers Association Academic Achievements While at Brooklyn Law School, Colleen served as Articles Editor of The Journal of Law and Policy and was Vice President of the Moot Court Honor Society.
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Avram Morell
Partner Avram Morell is a member of Pryor Cashman’s Immigration Group and is one of the premier attorneys in his field. Regularly recognized by Chambers USA, Chambers Global, TheLegal 500, Best Lawyers and other leading legal rankings guides, Avi brings a deep knowledge of immigration and nationality law to his practice. He represents U.S. and foreign-based companies and organizations, entrepreneurs and investors doing business in the U.S., as well as their employees and family members. Avi is widely known in the corporate world for his ability to navigate particularly complex business immigration issues, with Chambers USA 2021 describing him as "the first port of call for many clients...including household-name insurance companies and financial institutions." He understands the high level of scrutiny companies face with respect to immigrant workers and advises on matters relating to regulatory compliance, internal policies and training, and recordkeeping procedures. Avi frequently represents businesses and individuals before U.S. government agencies such as the Department of Homeland Security, the Department of State, the Department of Labor and the Department of Health and Human Services. Many of Avi’s clients come from the financial services sector, including U.S. and multinational banks, insurance companies, securities broker/dealers and hedge funds. He also represents designers and marketers of luxury fashion products and retail goods, hospitals, pharmaceutical companies, research institutes and entertainment companies. Avi advises on a wide variety of immigration matters that are essential to clients, including: Temporary visas and applications for permanent residence Foreign talent recruiting and retention I-9 procedures and audits Regulatory compliance Immigration-related discrimination avoidance Immigration policy development Global mobility guidelines/processes development Workplace investigations Advising C-Suite Executives Large U.S. corporations that require immigration counsel related to hiring and transferring their most senior executives rely on Avi’s counsel. Companies, institutions and professional associations consult with him on legal interpretations of current and proposed legislation to advance their immigration-related lobbying efforts. In addition, Avi provides proactive guidance to boards of directors and top management regarding the far-reaching immigration implications of workforce changes that often accompany mergers, acquisitions, spinoffs, international expansions and changes in corporate leadership. Industry Recognition Avi serves on the American Immigration Lawyers Association’s (AILA) national Verification and Worksite Enforcement Liaison Committee. The Committee is responsible for liaising, on behalf of the AILA’s 14,000 member lawyers, with the Department of Justice and the Department of Homeland Security on the government’s policy and practice regarding employers’ obligations to verify the work eligibility of employees and avoid immigration-related discrimination. He is also a member of two select committees of the Immigration Bar that liaise with the New York City headquarters of United States Citizenship and Immigration Services and Customs and Border Protection. Education Benjamin N. Cardozo School of Law, Yeshiva University (J.D., 1993) Yeshiva University (B.A., cum laude, 1989) Recognition Named an Immigration Trailblazer by National Law Journal (2020) Named a top attorney in Immigration law by Chambers Global (2014, 2016-21) and Chambers USA (2007-21) Named a leading attorney in Immigration law by Best Lawyers in America (2015-22) Named a top attorney in Immigration law by The Legal 500 US (2012-21) Named to the Super Lawyers – New York Metro list in Immigration law (2013-21) Named to Who's Who Legal for Corporate Immigration (2016) Admissions New York, 1994 New Jersey, 1993 Professional Affiliations American Immigration Lawyers Association, National Verification and Worksite Enforcement Liaison Committee, Vice Chair American Immigration Lawyers Association, Liaison Committee to the New York/New Jersey headquarters of U.S. Customs and Border Protection (CBP), Co-Chair National Liaison Verification Committee to subdivisions of the U.S. Department of Homeland Security and the U.S. Department of Justice, Member Liaison Committee to the New York City District Office of U.S. Citizenship and Immigration Services, Former Co-Chair Law360 Immigration Editorial Advisory Board, Member Practicing Law Institute (PLI), Faculty Languages Hebrew Academic Achievements Avi is a graduate of the Benjamin N. Cardozo School of Law where he was a Samuel Belkin Scholar. While in law school, he was a summer law clerk to Judge Karla Moskowitz of the New York Supreme Court.
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Maria Fernanda Gandarez
With over 35 years of experience practicing immigration law, Maria Fernanda Gandarez has extensive knowledge of U.S. and international visa requirements. A partner and member of Pryor Cashman’s Immigration Group, Maria heads up the firm’s global mobility practice and counsels multinational corporate clients across various industries to help them to achieve their worldwide talent objectives. Highly committed to her “white-glove,” high-touch client service, Maria and her team have consistently been recognized as a premier immigration attorney by Chambers, Legal 500, and Super Lawyers, and was named among the Best Women Lawyers in New York City by Crain’s New York Business. Chambers USA 2021 noted Maria's "deep experience in extraordinary ability petitions," with one client enthusing, "[s]he is very thorough, responsive, capable, always on top of things and good at keeping us informed." Over the last decade, Maria has focused her practice on global mobility, assisting her multinational clients in U.S. and international immigration matters. This broad skillset includes acquiring temporary employment visas and permanent residence in over 185 countries; securing passports; getting documents legalized and/or apostilled in numerous jurisdictions; assist with obtaining police records from various countries; readvising clients on employer sanctions, discrimination, and employment verification procedures; and, with local team assistance, even counseling clients on the tax and general labor consequences of mergers & acquisitions (M&A), complex employee relocations, and other corporate restructurings around the globe. In addition to her global mobility expertise, Maria heads up the firm’s consular practice which facilitates visa processing worldwide, including staying up-to-date on COVID-related consular closings, visa appointment availability, requests for expedited appointments, travel exemptions, and quarantine requirements. Well-versed in foreign governmental requirements and permanent establishment, Maria utilizes a vast global network of partners in over 185 countries to bring about swift resolutions for her clients. Her years of experience in each of these jurisdictions enables her to understand the culture, process and procedures of these foreign entities, and she knows how, when and what to deliver to avoid the unnecessary back and forth that is so common when managing global mobility needs for large foreign multinationals. Maria regularly works with a diverse client base and delivers a full range of immigration expertise to national and multinational corporate and individual clients across a broad spectrum of industries, including aviation, education, financial services, technology, pharmaceutical, fashion, food, and entertainment. Her most recent experience includes representing: A leading global company that provides ingredients found in foods, beverages, personal care items, pharmaceuticals, and many other products used worldwide, which was designated as an essential service provider in numerous countries during the COVID-19 pandemic. Maria and her team assisted three critical employees relocating from Australia to various locations in North America to ensure that the company could optimize their delivery of critical goods. After approval and the submission of representations to the Australian government for an exit ban exemption based on employment in critical infrastructure (food industry), all three were approved. The leading importer of upscale beers in the U.S. in immigration matters, including strategic long- and short-term planning to meet unique workforce requirements and providing advice related to immigration issues associated with changing corporate structures and COVID-related international issues (including but not limited to travel, global visa issuance challenges, and consular processing advice.) A large, multinational information technology (IT) provider based in the U.K. with their inbound U.S. immigration matters following the recent acquisition of another U.S.-based company. With their U.S. staffing and customer base that doubled overnight, and in the midst of COVID-19, travel restrictions, embassy closures, and presidential proclamations occurring daily, efficient integration of the two companies was a critical yet significant undertaking. Maria quickly developed a strategy to expand the client’s range of visa options and set an aggressive program of National Interest Exemptions to enable the client to continue operating at maximum capacity. A privately-held, full-service provider of electronic and physical security services in conjunction with an employee who entered the U.S. from Central America who secured TPS status following his B-1/B-2 visa expiration. Despite the challenges under the current immigration climate and his immigration status, Maria’s team secured H-1B status after a challenging request for evidence (RFE). Her group then quickly filed a PERM application and I-140 for him. Despite various challenges, we were able to obtain a green card interview and consideration for the employee. This is an ongoing matter. A world-renowned hairdresser and entrepreneur for an O-1 Extraordinary Ability visa regarding the individual’s new business venture - providing premier hair care and beauty products to a broader audience in the United States. The business is backed by several celebrity angel investors, who were eager to have the client come to the U.S. as soon as possible. After a complex request for evidence during the pandemic, Maria and her team secured approval and the visa was issued. A leading author in advice pertaining to resident location advice, as the individual wanted to be based in Europe while writing a current series of books about the continent. Due to a looming publication date, this issue needed to be settled promptly, so Maria identified the Global Talent Visa in the U.K. in order to provide the client with the flexibility to access Europe quickly. The first stage of the application, an endorsement from the Arts Council in the U.K., required reviewing the client’s extensive body of work, including numerous reviews and awards in multiple languages, whittling it down to the best 10 items representing the high-level international recognition of their work. Based on the submission, the client received the Arts Council Endorsement within two weeks (as compared to the usual months-long timeline) and is currently approved to travel to the U.K. at their leisure. A Trusted Expert Maria has led various panel discussions and frequently speaks about current global immigration law topics at various industry events and organizations, including the New York State Bar Association International Section, the American Immigration Lawyers Association (“AILA”) Fordham Law School, among others. Pro Bono and Community A strong supporter of pro bono service, Maria works with community outreach programs and churches to aid the immigrant community. Maria also provides pro-bono legal services to a global not-for-profit organization whose mission is to ensure the development of safe and accessible HIV vaccines for use throughout the world. Education Rutgers University School of Law (J.D., 1988) Hood College (B.A., 1985) Recognition Recognized as a top immigration attorney by Chambers USA (2015-21) Named a leading immigration attorney by The Legal 500 US (2012-21) Named to the Super Lawyers – New York Metro list in immigration law (2011-21) Named among the top 100 "Leading Women Lawyers in New York City" by Crain's (2018) Admissions New York New Jersey District of Columbia Professional Affiliations American Immigration Lawyers Association New York State Bar Association New Jersey State Bar Association (Immigration Law Section) District of Columbia Bar Association Portuguese-American Chamber of Commerce (Member; Board of Directors) British-American Chamber of Commerce European American Chamber of Commerce National Association of Professional Women ("NAPW") National Employment Law Council ("NELC") Society for Human Resource Management ("SHRM") National Association for Women Lawyers ("NAWLS") Languages Spanish Portuguese Italian French
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Kimberly N. Grant
Kimberly Grant is a partner in Pryor Cashman’s Immigration practice, as well as a member of the firm’s Life Sciences and Financial Services industry groups. In this role, she helps organizations of all shapes and sizes to secure visas and green cards for their top talent. A trusted advisor to HR and global mobility departments, Kimberly helps her corporate clients stay ahead of the constant changes that are inevitable in the dynamic immigration landscape. As a key member of the firm’s award-winning practice that has been recognized by Chambers, Legal 500, Lawdragon, and others, Kimberly has a long track record of bringing even the most challenging cases and situations to successful outcomes. In fact, even as Request for Evidence (RFE) and denial rates have climbed nationwide, Kimberly’s success rate has remained consistently close to 100 percent, a tribute to her high-touch service. Significant Depth in Life Sciences Immigration Kimberly has helped hundreds of scientists, physicians, and researchers secure visas and green cards to work in the United States. From Fortune 500 multinational pharmaceutical and biotech companies to nationally recognized hospitals and medical device manufacturers, Kimberly’s experience navigating the hurdles specific to the various life sciences stakeholders enables her to efficiently deliver J-1 and O-1 visas; cap-exempt H-1B visas for academic medical centers; waivers of the 2-year home residency requirement; and the full panoply of green card options, including Outstanding Researcher petitions, Schedule A, National Interest Waivers, and PERM applications. Most recently, Kimberly has secured emergency visa interviews and travel waivers, even during worldwide U.S. Embassy shutdowns and the global COVID-19 pandemic. A Breadth of Financial Services and Technology Experience Kimberly also has years of experience in representing clients in the financial services and technology spheres, including investment banks, asset managers, hedge funds and one of the largest global e-commerce companies. Her understanding of the front, middle and back office structure of modern financial services companies enables her to effectively “cut to the chase” in order to meet the high level of scrutiny by U.S. Citizenship and Immigration Services (USCIS) and other agencies involved in immigration approvals. She has a proven track record of successfully filing L-1A visas, E-2 managerial visas and I-140 Multinational Manager petitions for functional and project managers, relationship managers, and executives, in addition to filing L-1B and E-2S essential visas and PERM applications for auditors, quantitative analysts, risk, IT analysts, programmers and other key employees. Connections in France A longtime Francophile, Kimberly is particularly attuned to U.S. immigration matters in France and has her ear to the ground on current practices at the U.S. Embassy in Paris. She consistently processes numerous E-2 and L-1 visa applications through the Embassy for clients and maintains deep relationships in Paris. Thought Leadership in Immigration and Global Mobility Named to both the New York Metro Rising Stars and New Jersey Rising Stars lists in immigration, Kimberly has presented on immigration law issues to numerous Fortune 500 companies, the American Immigration Lawyers Association (AILA), the NYC Bar Association, and National Public Radio (NPR), and she has also been published in Law360. She has a long attachment to the arts, particularly dance and theater, and is deeply devoted to promoting public school education. Kimberly serves as a board member of NYC Outward Bound Schools, which operates a network of transformative public schools across the five boroughs. Education Benjamin N. Cardozo School of Law, Yeshiva University (J.D., 2007) Columbia University (B.A., 2003) Recognition Named to the Super Lawyers - New York Metro list in immigration (2021) and as a "Rising Star" (2014-17, 2019-20) Admissions New York Languages French Clerkships United States Court of Appeals for the Second Circuit, Immigration Unit, Law Clerk (2007-08)