Federal Register - December 13, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
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suspended entry of certain noncitizens into the United States since the public health emergency began. On January 31, 2020, then-President Trump issued Presidential Proclamation 9984, which, subject to limitations, suspended and limited the entry of certain noncitizens who had been physically present in the Peoples Republic of China excluding the Special Administrative Regions of Hong Kong and Macau for the 14-day period prior to their entry into the United States.3 Similar suspensions of entry were issued under Presidential Proclamation 9992, dated February 29, 2020 the Islamic Republic of Iran; 4
Presidential Proclamation 9993, dated March 11, 2020 the Schengen Area; 5
Presidential Proclamation 9996, dated March 14, 2020 the United Kingdom excluding overseas territories outside of Europe and the Republic of Ireland; 6
Presidential Proclamation 10014, dated April 22, 2020 immigrants who present a risk to the U.S. labor market 7
subsequently revoked by Presidential Proclamation 10149, dated February 24, 2021; 8 Presidential Proclamation 10041, dated May 24, 2020 the Federative Republic of Brazil; 9
Presidential Proclamation 10143, dated January 25, 2021 the Schengen Area, the United Kingdom excluding overseas territories outside of Europe, the Republic of Ireland, the Federative Republic of Brazil, and the Republic of South Africa; 10 and Presidential 3 Proclamation 9984 of January 31, 2020, Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk, 85 FR
6709 Feb. 5, 2020.
4 Proclamation 9992 of February 29, 2020, Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, 85 FR 12855 Mar. 4, 2020.
5 Proclamation 9993 of March 14, 2020, Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, 85 FR 15045 Mar. 16, 2020.
6 Proclamation 9996 of March 11, 2020, Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, 85 FR 15341 Mar. 18, 2020.
7 Proclamation 10014 of April 22, 2020, Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak, 85 FR 23441 Apr. 27, 2020.
8 Proclamation 10149 of February 24, 2021, A
Proclamation on Revoking Proclamation 10014, 86
FR 11847 Mar. 1, 2021.
9 Proclamation 10041 of May 24, 2020, Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, 85 FR 31933 May 28, 2020.
10 Proclamation 10143 of January 25, 2021, Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who
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Proclamation 10199, dated April 30, 2021 the Republic of India.11
COVID19 is a communicable disease caused by a coronavirus, SARSCoV2.
It appears to spread easily and sustainably within communities.12 The SARSCoV2 virus is thought to transfer primarily by person-to-person contact through respiratory droplets produced when an infected person coughs or sneezes; it may also transfer through contact with surfaces or objects contaminated with these droplets or by airborne transmission through exposure to virus in small droplets and particles that can linger in the air for minutes to hours.13 People who are infected but do not show symptoms can also spread the virus to others.14 The ease of transmission presents a risk of a surge in hospitalizations for COVID19, which would reduce available hospital capacity.
Symptoms include fever and chills, cough, shortness of breath, fatigue, muscle and body aches, headache, loss of taste or smell, sore throat, congestion or runny nose, nausea, or diarrhea, which typically appear two to 14 days after exposure.15 Manifestations of severe disease have included pneumonia, hypoxemic respiratory failure/ARDS, sepsis and septic shock, cardiomyopathy and arrhythmia, acute kidney injury, and complications from prolonged hospitalization, including secondary bacterial and fungal infections, thromboembolism, gastrointestinal bleeding, and critical illness polyneuropathy/myopathy.16
Older adults and people who have severe chronic medical conditions are also at higher risk for more serious COVID19 illness.17
As of November 16, 2021, there were approximately 254,174,536 identified Pose a Risk of Transmitting Coronavirus Disease 2019, 86 FR 7467 Jan. 28, 2021.
11 Proclamation 10199 of April 30, 2021, Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019, 86 FR
24297 May 6, 2021.
12 CDC, How COVID19 Spreads May 13, 2021, https www.cdc.gov/coronavirus/2019-ncov/
prevent-getting-sick/how-covid-spreads.html.
13 Id.
14 Id.
15 CDC, Coronavirus Disease 2019 COVID19
Feb. 22, 2021, https www.cdc.gov/coronavirus/
2019-ncov/symptoms-testing/symptoms.html.
16 CDC, Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease COVID19 Feb. 16, 2021, https www.cdc.gov/coronavirus/2019-ncov/hcp/
clinical-guidance-management-patients.html.
17 CDC, People with Certain Medical Conditions Aug. 20, 2021, https www.cdc.gov/coronavirus/
2019-ncov/need-extra-precautions/people-withmedical-conditions.html?CDC_AA_
refVal=https%3A%2F%2Fwww.cdc.gov%2F
coronavirus%2F2019-ncov%2Fneed-extraprecautions%2Fgroups-at-higher-risk.html.
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cases of COVID19 globally, resulting in approximately 5,112,325 deaths; and approximately 46,993,724 identified cases in the United States, and approximately 760,266 18 deaths, with new cases being reported daily.
On March 20, 2020, in response to significant worldwide challenges related to the COVID19 pandemic, the Department temporarily suspended routine visa services at all U.S.
Embassies and Consulates.19 The Department authorized posts to begin a phased resumption of visa services, on a post-by-post basis, beginning on July 15, 2020, consistent with the Departments guidance for safely returning the Departments workforce to its facilities.20 The Department noted that local conditions such as medical infrastructure, COVID19 cases, emergency response capabilities, and restrictions on leaving home may affect when Department facilities can begin to provide routine services.21 The Departments embassies and consulates are implementing safeguards to keep staff and customers safe, including implementing physical distancing in waiting rooms, scheduling fewer interviews at a time, frequent disinfection of high touch areas, and following local health and safety regulations.22
B. Allocation of Limited Consular Resources Individuals who have been issued an immigrant visa may need to seek a subsequent immigrant visa for a variety of reasons. Immigrant visas have a maximum validity of six months. That means recipients of immigrant visas typically have up to a maximum of six months to travel to the United States and apply for admission with a DHS
immigration officer after visa issuance.
If admitted, the individual becomes a lawful permanent resident. Individuals who were issued an immigrant visa may have been unable or unwilling to seek admission during the period of validity;
they may know that they will be unable to use the visa during the period of 18 Johns Hopkins, COVID19 Map, Oct. 5, 2021, https coronavirus.jhu.edu/map.html;
CDC, Coronavirus Disease 2019 COVID19:
Cases in U.S. Oct. 5, 2021, https www.cdc.gov/
coronavirus/2019-ncov/cases-updates/cases-inus.html.
19 Department of State, Suspension of Routine Visa Services Mar. 20, 2020, https
travel.state.gov/content/travel/en/News/visas-news/
suspension-of-routine-visa-services.html.
20 Department of State, Phased Resumption of Visa Services, Apr. 6, 2021, https
travel.state.gov/content/travel/en/News/visas-news/
visa-services-operating-status-update.html.
21 Id.
22 Id.
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