Tomorrow! What will tomorrow bring?

Pitbull, his EYO grito and the trademark protection

Transfer pricing

Who is The WHO(The World Health Organization )

International law in the time of the coronavirus It is a key international actor in the Corona crisis: the World Health Organization (WHO) based in Geneva. In a recent article on the role of international law in dealing with the SARS-CoV-2 pandemic, researchers at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg take a closer look at the increasingly criticized United Nations health authority: How effective are the International Health Regulations (IHR), the WHO's main instrument for curbing the global spread of disease? The scientists from Heidelberg also take a stand on current political controversies. "The WHO was established in 7 April 1948, which is commemorated as World Health Day.[3] The first meeting of the World Health Assembly (WHA), the agency's governing body, took place on 24 July 1948. The WHO incorporated the assets, personnel, and duties of the League of Nations' Health Organisation and the Office International d'Hygiène Publique, including the International Classification of Diseases.[4] Its work began in earnest in 1951 following a significant infusion of financial and technical resources Read more https://www.who.int/about https://en.wikipedia.org/wiki/World_H... https://phys.org/news/2020-04-interna...

Governmental taking - Business closure

Social distance, stay safe, stay healthy. We will see you soon!

PPP and litigation - Wells Fargo

What is it in a Logo?

Wells Fargo sued over PPP loan processing

Wells Fargo & Co. is being sued by two California companies over how it prioritized processing loan applications for the U.S. Small Business Administration's Paycheck Protection Program. The suit by the two companies, filed in federal court in Los Angeles, seeks class-action status.

“Wells Fargo has, once again, prioritized corporate greed at the expense of its small business customers,” the lawsuit alleges. “Wells Fargo prioritized loan applications seeking higher loan amounts because processing these applications first generated larger loan origination fees for the banks.”

Read more

https://www.bizjournals.com/charlotte/news/2020/04/20/wells-fargo-sued-over-ppp-loan-processing.html?ana=e_ae_set1&j=90504857&t=Afternoon&mkt_tok=eyJpIjoiTUdJeE5USmtaREUyWW1OayIsInQiOiJtUTFaTFBVUHZKaytNd3JnWTRiY0UwOHhQOUs1eGpLbW54SWpkbjdEaHRZa3BFakxcL1ExMjlDYVwvaVllU2xhVFl1eVlpRFg0Qm54SmZ4QVBkZlV5VGd6QTI2VlczY25VMmh2dWtaM1FPV200aVlJTWFpVVwvaEdLcmJId0wzWWU5XC8ifQ%3D%3D

What shoud I dress today?

Debt Relief beyond the PPP – Loans Eligible for the SBA to make Six Months of Payments

For anyone considering a business acquisition, now may be a great time to do it. Many buyers finance business acquisitions using 7(a) loans. A 7(a) loan is a general-purpose loan up to $5 million, which can be used to purchase a business, purchase equipment, or obtain working capital, among other uses. 504 loans are loans for the limited purpose of financing real estate or equipment purchases. Finally, SBA Microloans are loans up to $50,000 which can be used for the purchase of furniture, materials, equipment, and/or for working capital. 

With six months of loan payments being paid by the SBA, there is a high incentive to pursue one of these loans prior to September 27th, 2020. The financing packages available under a 7(a) loan often include plenty of working capital.

Which loans are eligible for the Debt Relief Program?

7(a) loans, 504 loans, and microloans (“Covered Loans”) are eligible. Please note that Debt Relief under this program will not apply to a PPP loan. Disaster loans are not eligible either.

Covered Loans made before March 27, 2020

Benefit: SBA will pay the principal, interest, and any associated fees for 6 months

Timing of Benefit: For the 6-month period beginning with the next payment due on the covered loan

Covered Loans made between March 27, 2020 and September 27, 2020

Benefit: SBA will pay the principal, interest, and any associated fees for 6 months

Timing of Benefit: For the 6-month period beginning with the first payment due on the covered loan

7(a) Loan

What is it?

A loan product of up to $5 million for borrowers who lack credit elsewhere and need access to versatile financing:

- short-term or long-term working capital

- finance purchase of an existing business

- refinance current business debt, or

- purchase furniture, fixtures, and supplies

How to Apply

There are many different types of 7(a) loans, you can visit this site to find the one that’s best for you. You apply for a 7(a) loan with a bank or a mission-based lender. 

504 Loan

What is it?

A loan of up to $5.5 million to approved small businesses with long-term, fixed-rate financing used to acquire fixed assets for expansion or modernization. It is a good option if you need to purchase real estate, buildings, and/or machinery. 

How to Apply

You apply through a Certified Development Company, which is a nonprofit corporation that promotes economic development. SBA has a free referral service tool called Lender Match to help find a lender near you.

Microloan

What is it?

A loan of up to $50,000 for the purchase of furniture, supplies, materials, equipment, and/or for working capital. Microloans may not be used for real estate. The average microloan is about $13,000.

How to Apply

These loans are delivered through mission-based lenders who are also able to provide business counseling.



Madeline Person, Attorney (NC)

Is it vegan meat possible?

Is it vegan meat possible?

A whopper? Watchdog bans ads for Burger King 'vegan-suitable' Rebel

ASA says campaign implied burger did not contain beef or other animal products

An ad campaign for Burger King’s first plant-based burger has been banned by the advertising watchdog for implying it is suitable for vegans and vegetarians when it is not.

The Rebel Whopper, which was launched in January coinciding with Veganuary was promoted in a campaign that included tweets and Facebook posts.

The ads, which trumpeted the patty as the fast-food chain’s “first plant-based burger”, also featured the “Vegetarian Butcher” logo.

However, the soy-based version of the chain’s Whopper beef burger is cooked on the same grill as meat and egg-based mayonnaise applied, making it unsuitable for many non-meat eaters.

The Advertising Standards Authority received 10 complaints about three social media ads for the burger. Complainants said claims that the product was “100% Whopper. No beef” and was a “plant-based burger” were misleading.

Read more:

https://www.theguardian.com/business/2020/apr/15/whopper-watchdog-bans-ads-burger-king-vegan

How To Avoid Going To Prison For Your Paycheck Protection Program Loan

The passage of the CARES Act has made available $349 billion in potentially forgivable loans to small businesses (500 employees or fewer) via the Paycheck Protection Program (PPP). Naturally, many companies are applying for PPP loans to mitigate the impacts of the COVID-19 pandemic. We have even heard some small-business owners crow that this is “free money.” Be careful. For many small employers like mine, especially those who have never considered applying for government aid before, the PPP loan program does have potential legal minefields to avoid. Earlier this week (Free Money For Small Business? Beware Legal Risks Of Paycheck Protection Loan Program Until More Guidance Issued), I explored how the allure of “free money” in a forgivable PPP loan could raise risks—specifically through the hardship certification required in the loan application Read more https://www.forbes.com/sites/brucebru... .

Jägermeister in Switzerland - does the trademark offend Christians?

Jägermeister logo does not offend Christians, court rules

The logo for the popular alcoholic drink Jägermeister was found not to be religiously offensive by a Swiss court earlier this week.

Judges in Switzerland rejected Monday a case brought by the country’s Federal Institute of Intellectual Property demanding the emblem be restricted because the image was offensive to the religious beliefs of some citizens.

The institute said the image – a stag with a cross between its antlers – could offend the country’s Christians due to the religious symbol on the bottle’s label and had blocked attempts by the German brand to expand its trademark beyond alcohol and clothing.

Judges said while the story behind the logo comes from an old Christian tale, the modern consumer associates it with the alcohol.

They ruled the “intensive” use of the image by Jägermeister had “weakened its religious character” over time and no one was likely to be offended, according to Swissinfo.

The logo’s origin stems from the eighth-century legend of St. Hubertus.

Before becoming the “Apostle of the Ardennes,” St. Hubertus was a devoted hunter who was chasing a stag on Good Friday when he received a vision of a glowing crucifix between the animal’s antlers.

Legend says a heavenly voice spoke to him about living a more holy life and he converted to Christianity after that revelation.

Considering it’s now the 21st century, judges ruled Jägermeister is free to use the logo for all promotional activities and products in Switzerland — including cosmetics, mobile phones, or telecommunications services.

 Read more

https://nypost.com/2020/02/20/jagermeister-logo-does-not-offend-christians-court-rules/

Reduced Hours,Reduced Wages, and Layoffs during the COVID-19 Crisis

These general rules should be followed when considering a reduction in hours, a reduction in wages, or termination in North Carolina. If there is an employment agreement in place, the provisions of the agreement will generally take precedence over these rules. 

Reducing Hours 

• An employer is free to adjust the hours of its employees regardless of what the employees are scheduled to work. 

• The employer does not have give its employees any advanced notice of having to work different hours.

 • Keep in mind that if hours are significantly reduced, employees may no longer be eligible to receive the employer’s health insurance benefits. 

Reducing Wages 

• An employer can change its wage agreement with an employee at any time, regardless of what the original wage agreement was.

 • An employer must notify its employees in writing at least 24 hours prior to any changes in its wage agreements that result in the reduction in pay or wage benefits.

• An employer cannot make changes in pay or wage benefits that result in the retroactive reduction of wages or wage benefits that are already earned. 

Layoffs 

• Layoffs are defined as a full separation with an employee.

• You’ll want to draft a termination letter to the affected employee. You’ll also want to encourage your employee to apply for unemployment benefits as quickly as possible.

 • In North Carolina, the employer’s unemployment insurance tax account will not be charged, for those individuals who are paid benefits for reasons related to COVID-19. 

• As an employer, when your company announces plans to either close a facility or conduct a mass personnel layoff, you may be required to file a report with the state, under certain circumstances, known as a Worker Adjustment and Retraining Notification – commonly called a WARN notice.

Generally, an employer cannot discriminate against its employees for reasons based on age, race, sex, religion, national origin, color, disability, or pregnancy. Discrimination claims can be made based on reduced hours, reduced wages, and termination, if there are other employees who were not affected by reductions or termination. To avoid any potential discrimination claims, when deciding whose hours/wages will be reduced or who will be laid off, it may be helpful to make these changes on the basis of seniority at the company.

Please contact us if you need assistance making any of these changes in employment or complying with current state and federal employment laws

SEC and Investigations

SEC Enforcement Expected To Surge On COVID Volatility

Following the erratic stock market swings fueled by the COVID-19 crisis, attorneys expect a surge in U.S. Securities and Exchange Commission investigations tackling a broad range of potential violations, from outright fraud to disclosure issues.

The SEC will put investment firms, broker-dealers and public companies under the microscope, closely examining the activities of corporate insiders, fund investment guidelines and risk disclosures — in some cases likely revealing problems that predate the pandemic by months or years, attorneys said.

“One thing I think you can be sure of is that SEC enforcement activity is going to increase, and both class action and derivative action shareholder litigation is going to increase,” said Steven Scholes, a partner at McDermott Will & Emery LLP and a former attorney in the SEC’s Division of Enforcement. “It’s likely that many issues that were not evident when the bull market was humming along will be exposed.”

The blatant offenders, such as those perpetrating schemes that are directly related to COVID-19, are likely to generate the greatest increase in investigations from the SEC and other regulatory agencies, attorneys said.

Read more

https://www.law360.com/corporate/articles/1262118/sec-enforcement-expected-to-surge-on-covid-volatility?nl_pk=ce42219a-1fb9-4751-bdbc-3bc150e076c5&utm_source=newsletter&utm_medium=email&utm_campaign=corporate&read_more=1

Debt Relief beyond the PPP – Loans Eligible for the SBA to make Six Months of Payments

Aside from the Paycheck Protection Program, are you aware of the other small business relief program created by the CARES Act? Under the Debt Relief Program, the SBA will automatically be making six months’ worth of payments on eligible loans, including existing loans and any new loans taken out prior to September 27, 2020.

For anyone considering a business acquisition, now may be a great time to do it. Many buyers finance business acquisitions using 7(a) loans. With six months of loan payments being paid by the SBA, there is a high incentive to pursue one of these loans prior to September 27^th. The financing packages available under a 7(a) loan often include plenty of working capital.

Which loans are eligible for the Debt Relief Program?

7(a) loans*, 504 loans, and microloans (“Covered Loans”)

*Debt relief under this program will not apply to a PPP loan. Disaster loans are not eligible either.

	Covered Loans made before March 27, 2020	Covered Loans made between March 27, 2020 and September 27, 2020
Benefit	SBA will pay the principal, interest, and any associated fees for 6 months	SBA will pay the principal, interest, and any associated fees for 6 months
Timing of Benefit	For the 6-month period beginning with the next payment due on the covered loan	For the 6-month period beginning with the first payment due on the covered loan

7(a) Loan
What is it?	How to Apply
A loan product of up to $5 million for borrowers who lack credit elsewhere and need access to versatile financing: -       short-term or long-term working capital -       finance purchase of an existing business -       refinance current business debt, or -       purchase furniture, fixtures, and supplies	There are many different types of 7(a) loans, you can visit this site to find the one that’s best for you. You apply for a 7(a) loan with a bank or a mission-based lender.

504 Loan
What is it?	How to Apply
The 504 Loan Program provides loans of up to $5.5 million to approved small businesses with long-term, fixed-rate financing used to acquire fixed assets for expansion or modernization. It is a good option if you need to purchase real estate, buildings, and machinery.	You apply through a Certified Development Company, which is a nonprofit corporation that promotes economic development. SBA has a free referral service tool called Lender Match to help find a lender near you.

Microloan[PM1]
What is it?	How to Apply
The Microloan Program provides loans up to $50,000 to help small businesses and certain not-for- profit childcare centers to start up and expand. The average microloan is about $13,000.	These loans are delivered through mission-based lenders who are also able to provide business counseling.

Madeline Person, Attorney (NC)

Do you know what novel law is?

Novel Legal Challenges from the New Coronavirus: Force Majeure

The unfolding situation is implicating previously seldom-used contractual excuses in a variety of commercial contexts. This article explores potential frameworks for navigating contractual challenges in light of potential future litigation.

The business community is faced with unforeseen litigation risk, in addition to the other challenges it faces from the coronavirus pandemic. Among other issues, the crisis is compromising the ability of parties to perform contracts. 

Read more

https://www.law.com/newyorklawjournal/2020/03/13/novel-legal-challenges-from-the-new-coronavirus-force-majeure/?slreturn=20200309152949

GM Seeks Tariff Relief for Ventilator Parts

WASHINGTON—General Motors Co. is asking the Trump administration to drop import tariffs on Chinese parts that the auto maker needs to make ventilators, saying the levies will make it more expensive to build desperately needed machines that can save lives.

In a letter to the U.S. Trade Representative, GM officials asked the federal government to grant exclusions for several categories of ventilator parts made in China. The existing tariffs on ventilator parts “could potentially impede the ability of GM and other U.S. manufacturers..

Read more
https://www.wsj.com/amp/articles/gm-seeks-tariff-relief-for-ventilator-parts-11585947245

Paycheck Protection Program

When does your passport expire?

Which Businesses are “Essential” or “Critical” under the South Carolina Executive Orders?

Beginning last week on Wednesday, April 1st, in South Carolina non-essential businesses, venues, facilities, and services were ordered to be closed to non-employees and the public. In the latest Executive Orders issued on April 3^rd & 6th, South Carolina Governor McMaster has further defined which businesses must be closed.

The latest “Home or Work Order” (No. 2020-21), which limits movement outside the home, went into effect on Tuesday, April 7^th at 5:00 pm and will remain in effect for the duration of the South Carolina State of Emergency. Under Executive Order No. 2020-15, the State of Emergency is currently set to expire on April 12^th, but it will likely be extended.

Which businesses may be exempt from the Executive Orders?

The latest Executive Order, No. 2020-21, creates an exception “for purposes of engaging in Essential Business, Essential Activities, or Critical Infrastructure Operations.”

We at BridgehouseLaw have found that many clients qualify as “Critical Infrastructure Operations” according to the Advisory Memorandum on the Essential Critical Infrastructure Workforce, because they are involved in the supply chain of these critical infrastructure sectors.

The memorandum, issued by the US Department of Homeland Security, identifies 16 sectors whose systems, networks, and/or operations are considered so vital that their incapacitation would have a debilitating effect on national economic security, national public health or safety, or any combination thereof. These 16 critical sectors include:

• Chemical Sector
• Financial Services Sector
• Commercial Facilities Sector
• Food and Agriculture Sector
• Communications Sector
• Government Facilities Sector
• Critical Manufacturing Sector
• Healthcare and Public Health Sector
• Dams Sector
• Information Technology Sector
• Defense Industrial Base Sector
• Nuclear Reactors, Materials, and Waste Sector
• Emergency Services Sector
• Transportation Systems Sector
• Energy Sector
• Water and Wastewater Systems Sector

Please contact us if you need guidance determining whether or not your business qualifies to continue operations due to its involvement in one of these Critical Infrastructure Sectors.

In the event that your business qualifies as critical or essential under one of the exceptions, we recommend that your staff be equipped with a letter stating the specific justification for the exemption. BridgehouseLaw can assist in drafting such a Letter.

Madeline Person, Attorney (NC)

Do you qualify for unemployment benefits?

E-2 visa and unemployment benefits eligibility

Many of our clients have employees with E-visa working here in the US. Due to the coronavirus outbreak, some of these employees may have been laid off. Their question may be:

• “Can I apply for unemployment benefits? If I apply for unemployment benefits, will the government determine that I am likely to become a public charge?”

First one needs to know that every state has its own requirements that will need to be met to qualify for unemployment benefits. But, the general rule is that a person applying for unemployment benefits must be “able and available” to work at the time claiming the unemployment benefits. This means the applicant is required to be legally authorized to work in the U.S. at the time of applying for the unemployment benefits. Since the employee is currently in the U.S. on an E-2 employee visa, they are only authorized to work for the specific E-2 company, and they are not permitted to work for any other employer. 

Therefore, an E-visa employee would not be able to prove that they are available to work in the U.S. and are not allowed to accept any employment in the U.S. Therefore, if they become unemployed, they could not collect unemployment benefits.

• Can the spouse who is in the U.S. on an E-2 visa and has work authorization apply for unemployment benefits?

If a spouse of an E-visa employee (always required to have an own EAD) becomes unemployed due to the Coronavirus outbreak, he/she could potentially apply for unemployment benefits as the work authorization allows your spouse to accept employment with any company in the U.S.

Therefore, the spouse may be able to apply for unemployment benefits, as the spouse’s work authorization does not require that they work for a specific company. So the spouse is able to proof their availability to work in the U.S. The spouse’s employment authorization should not be expired. If needed, re-apply for this at least 90 days prior to the expiration of the EAD. However, there are many different state-specific requirements that will have to meet to be able to get unemployment benefits.

Please make sure to review these in detail before applying for unemployment benefits. The above discussed requirement is just one of several requirements.

Reinhard von Hennigs, Attorney (NC)

FoX News - Corona and the 1st Amendment

FoX News - Corona and the 1st Amendment

What is SLAPP? (Strategic lawsuit against public participation )

 The statute allows you to file a special motion to strike a complaint filed against you based on an "act in furtherance of [your] right of petition or free speech under the United States or California Constitution in connection with a public issue.

Read more

Washington State Group Is 1st to Sue Fox News for Calling Coronavirus a ‘Hoax'

https://timesofsandiego.com/business/2020/04/02/washington-state-group-is-1st-to-sue-fox-news-for-calling-coronavirus-a-hoax/

Foreign Ownership and PPP Can you apply for PPP(Payroll protection program?

Foreign Ownership and PPP
Can you apply for PPP(Payroll protection program?

Paycheck Protection Program
An SBA loan that helps businesses keep their workforce employed during the Coronavirus (COVID-19) crisis.

The Paycheck Protection Program is a loan designed to provide a direct incentive for small businesses to keep their workers on the payroll.

SBA will forgive loans if all employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities.

You can apply through any existing SBA 7(a) lender or through any federally insured depository institution, federally insured credit union, and Farm Credit System institution that is participating. Other regulated lenders will be available to make these loans once they are approved and enrolled in the program. You should consult with your local lender as to whether it is participating in the program.
Read more

https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program-ppp

SBA loans - Can my PPP loan be forgiven in whole or in part?

After the Small Business Administration (SBA) applications under the CARES Act for the Paycheck Protection Program are now possible and many banks have opened their portals and applications are pouring in, the next question is: can the loan be forgiven?

photo mysynergy.com

 

The quick answer is: Yes. We suggest that you open a new bank account, put all the loan in there and use it for allowed purposed. This makes tracking much easier. 

The amount of loan forgiveness can be up to the full principal amount of the loan and any accrued interest. That is, the borrower will not be responsible for any loan payment if the borrower uses all of the loan proceeds for forgivable purposes described below and employee and compensation levels levels are maintained. The actual amount of loan forgiveness will depend, in part, on the total amount of payroll costs, payments of interest on mortgage obligations incurred before February 15, 2020, rent payments on leases dated before February 15, 2020, and utility payments under service agreements dated before February 15, 2020, over the eight-week period following the date of the loan. 

However, not more than 25 percent of the loan forgiveness amount may be attributable to non- payroll costs. While the Act provides that borrowers are eligible for forgiveness in an amount equal to the sum of payroll costs and any payments of mortgage interest, rent, and utilities, the Administrator has determined that the non-payroll portion of the forgivable loan amount should be limited to effectuate the core purpose of the statute and ensure finite program resources are devoted primarily to payroll. 

The Administrator has determined in consultation with the Secretary of the Treasury that 75 percent is an appropriate percentage in light of the Act’s overarching focus on keeping workers paid and employed. Further, the Administrator and the Secretary believe that applying this threshold to loan forgiveness is consistent with the structure of the Act, which provides a loan amount 75 percent of which is equivalent to eight weeks of payroll. They provided this rationale: 8 weeks / 2.5 months = 56 days / 76 days = 74 percent rounded up to 75 percent. Limiting non-payroll costs to 25 percent of the forgiveness amount will align these elements of the program, and will also help to ensure that the finite appropriations available for PPP loan forgiveness are directed toward payroll protection. 

It was announced that SBA will issue additional guidance on loan forgiveness. We will update at a separate time once the information is available.

Reinhard von Hennigs, Attorney (NC)

SBA "Payroll Protection Plan"

Last night, April 2 around 9 PM the Small Business Administration (SBA) released 31 pages of the so called "Interim Final Rules" regarding the applicability, availability and processing of the "Payroll Protection Program" (PPP).

Is the PPP “first-come, first-served?”

Yes.

However, we were told by some banks that the rules came in too late to allow applications to start today on April 3, 2020 (Which was the initial start date).

We are tracking which banks known to us are "ready for business" and will update this via twitter @BridgehouseUS - make sure you subscribe to our twitter feed.

"time is of the essence"

The answer "How much?" is detailed below.BridgehouseLaw is reviewing the details and will provide a more detailed update tomorrow. Most important: does your business quality for any relief and how to get it?

How do I calculate the maximum amount I can borrow?

The following methodology, which is one of the methodologies contained in the Act, will be most useful for many applicants.

• Step 1: Aggregate payroll costs (defined in detail below in from the last twelve months for employees whose principal place of residence is the United States.

• Step 2: Subtract any compensation paid to an employee in excess of an annual salary of $100,000 and/or any amounts paid to an independent contractor or sole proprietor in excess of $100,000 per year.

• Step 3: Calculate average monthly payroll costs (divide the amount from Step 2 by 12).

• Step 4: Multiply the average monthly payroll costs from Step 3 by 2.5.

• Step 5: Add the outstanding amount of an Economic Injury Disaster Loan (EIDL) made between January 31, 2020 and April 3, 2020, less the amount of any “advance” under an EIDL COVID-19 loan (because it does not have to be repaid)

Reinhard von Hennigs, Attorney (NC)

Do you know what PPP stands for?

On Friday, March 27, 2020, the President signed the CARES Act into law. The bill provides for $2.2 trillion in emergency aid to ease the financial impact of the COVID-19 crisis, including $349 billion for new, partially forgivable small business loans to cover, among other things, certain payroll costs, mortgage interests, rents and utilities payments. The Paycheck Protection Loans, which we call PPP loans, will charge interest at no more than 4% and will be administered by the Small Business Administration (SBA). Payment of interest, principal and fees will be deferred for at least six months but not more than 1 year. As the program’s name implies, PPP Loans are designed to provide cash to small businesses, including sole proprietors and independent contractors.

Read More:

https://www.psbusinessfinancing.com/covid19-ppp/

Social distance

  

Social distancing, or physical distancing, is a set of non-pharmaceutical interventions or measures taken to prevent the spread of a contagious disease by maintaining a physical distance between people and reducing the number of times people come into close contact with each other

Read more https://en.wikipedia.org/wiki/Social_...

Update on ESTA

As a result of the COVID-19 pandemic, travelers who entered the U.S. under the Visa Waiver Program (or “ESTA”) may find themselves in a difficult set of circumstances: should an ESTA traveler depart the U.S. at the end of the 90-day authorized stay with all the obvious risks of doing so, or should the ESTA traveler risk overstay and the related penalties?

Though no special solution or waiver has been granted, U.S. Customs and Border Protection (CBP) is now processing ESTA traveler applications for “Satisfactory Departure”, which allows the ESTA traveler to remain in the U.S. for an additional 30 days beyond the 90-day limit. Usually reserved for unusual circumstances such as medical emergencies or natural disasters, if granted by CBP, the ESTA traveler would be considered to have departed timely so long as he or she departs the U.S. within the extended 30-day period.

Normally, USCIS field offices process such requests, however, closure of those offices has necessitated CBP’s entrance as the adjudicating agency. To apply, an ESTA traveler should contact the port of entry of arrival or the closest CBP deferred inspection office. As each office has its own rules, please be sure to contact the relevant office as quickly as possible to determine how to apply, what documents are required, and whether any deadlines apply. Additionally, it is crucial that any ESTA traveler seek Satisfactory Departure before the 90-day stay ends.

For more questions, on this or any other immigration issue, please do contact us.

Andrew Howe, Attorney (NC) | photo https://www.cbp.gov/travel/international-visitors/esta