4/22 Proclamation Suspends Entry of Immigrants For 60 Days; @StateDept Already Suspended Routine Visa Services on 3/18

 

 

State/CA released this on April 23, 2020: Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

On Wednesday, April 22, President Trump signed a proclamation suspending entry into the United States of certain immigrants who present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak.  The proclamation is effective at 11:59 p.m. EDT on Thursday, April 23 and expires in 60 days, unless continued by the President.  

U.S. citizens, lawful permanent residents, and those holding valid immigrant visas on the effective date of the Proclamation, are not subject to the proclamation.  The Proclamation is not retroactive. No valid visas will be revoked under this Proclamation.  The proclamation provides exceptions to its restrictions for certain categories of immigrants, including: certain healthcare professionals, aliens seeking to enter the United States pursuant to an EB-5 investor visa, spouses and children (categories IR2, CR2, IR3, IH3, IR4, IH4) of U.S. citizens, members of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces, and aliens seeking to enter the United States pursuant to an Afghan and Iraqi Special Immigrant Visa.  Please refer to the proclamation for a full list of exceptions.   Routine visas services have been suspended at U.S. posts worldwide, but as resources allow, embassies and consulates will continue to provide emergency and mission critical visa services for applicants who are not subject to this presidential proclamation. 

The full text of the presidential proclamation is available on the White House website at:  

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

See immigrant visa categories here.
Per Sec 2.(b)  of the Proclamation.
The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii)   any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv)    any alien who is the spouse of a United States citizen;

(v)     any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi)    any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(vii)   any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(viii)  any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or

(ix)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Note that the  State Department already suspended routine visa services in most countries on March 18, 2020.

If your routine visa services are still open during this pandemic, please tell us why (Updated)

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Consular Affairs Medical Professionals Visa Announcement Adds to Chaos

 

Via March 27 DOS Briefing:

QUESTION: Thank you very much. Say, Ian, I wanted to ask you a question about this doctor visas thing that you have on your web page. Are you moving medical professionals who can work on COVID-19 treatments basically to the front of the line or speeding up their processing or give them – giving them some sort of preference? And what would you say to people who say you’re essentially trying to poach people and you’re encouraging a brain drain? Thank you.

MR BROWNLEE: We had – excuse – thank you, Carol, for that question. We had some – I’ve got to confess maybe what we put up on the web page is not as clear as it might have been. We’re ready to work with people who are already accepted into existing U.S. programs and had otherwise planned to travel to the United States. We are not going out looking for others. These are people who were ready to come in. What we’ve done is around the world we have suspended routine visa services, but we are – we have not shut down visa services. We’ve suspended routine visa services, and our posts overseas are ready to work with applicants who are – who were already identified as being eligible for these visas. Does that answer your question?
[…]
QUESTION: My question is that – can I actually just follow up on Carol’s question about the visas with regards to the medical professionals? Thank you for the clarification, and I appreciate you saying the initial tweet maybe wasn’t clear enough. Can you – based on what you just said, can we just say now that there is actually an exception to medical professionals who already have their jobs secured but they need their visa to be processed? So can we say that State Department is actually processing those visas, because at the moment all other visas are suspended? And can you elaborate a little bit more on the motivation to process those visas over others? Thank you.

MR WALTERS: [MED CROSSING TO CA LANE]
Well, let me clarify one point. All other visas are not suspended. They are not suspended. We have suspended routine visa services so that we can concentrate our efforts on assisting U.S. citizens. But all other visa services are by no means suspended. So for example, adoption visas. We are still processing visas for U.S. couples who are adopting children overseas. In some cases where there are immigrant visas where an applicant would be at risk of aging out under the law, we are still processing those visas. What we’ve done is substantially reduced our – the provision of visa services.

But let me just – for the sake of absolute clarity, I will read you the – what we are saying about these student – excuse me, about these doctors. The Department of State stands ready to work with doctors and other medical professionals who are already accepted into existing U.S. programs and otherwise expected to travel to the United States to work or study. Even though routine visa services are suspended, the Department and our post services are working to serve the most urgent visa applicants as resources and local government restrictions allow. We encourage medical professionals who already have an approved U.S. visa petition or certificate of eligibility in an approved exchange visitor program, particularly those working to treat or mitigate the effects of COVID-19, to consult with the relevant U.S. embassy or consulate to determine what services that post is currently able to provide. Over.

QUESTION: Hi there. I’m sorry, I’m still confused about this whole physician, medical professional visa thing. If in fact there’s no special treatment being given to them or you’re not specifically encouraging them, why did you put out this tweet or this statement that was also on the travel.state.gov? It wasn’t just a tweet. I don’t get it. It just seems to be – if there is no special treatment, it seems to be a bit tone deaf, considering this mad scramble that everyone else in the world is going through, and including in the U.S.

And then the other thing I’d just like to point out is for everyone else who got that fact sheet, which is great – thank you very much – but make sure you scroll down in the repatriation section, because you don’t see all of the countries at first, and I made that mistake just now. Anyway, thank you for doing this.

[…]
MR BROWNLEE: I’m sorry. Once again, I had mute pressed. Matt, I – what I said to myself here was I’m going to have to take the question as to how this all came to pass. But we are still processing visas around the world for certain cases. These are one, certain H-2As are another. But otherwise I’m happy to take that question. Thank you.

@StateDept Issues Do Not Travel – ‘Immediately Come Home Now’ Advisory – How? By Broomsticks

 

On March 19, the State Department issued a Global Level 4 Do Not Travel Health Advisory. Excerpt below:
The Department of State advises U.S. citizens to avoid all international travel due to the global impact of COVID-19.  In countries where commercial departure options remain available, U.S. citizens who live in the United States should arrange for immediate return to the United States, unless they are prepared to remain abroad for an indefinite period.  U.S. citizens who live abroad should avoid all international travel.  Many countries are experiencing COVID-19 outbreaks and implementing travel restrictions and mandatory quarantines, closing borders, and prohibiting non-citizens from entry with little advance notice.  Airlines have cancelled many international flights and several cruise operators have suspended operations or cancelled trips.  If you choose to travel internationally, your travel plans may be severely disrupted, and you may be forced to remain outside of the United States for an indefinite timeframe.
On March 14, the Department of State authorized the departure of U.S. personnel and family members from any diplomatic or consular post in the world who have determined they are at higher risk of a poor outcome if exposed to COVID-19 or who have requested departure based on a commensurate justification.  These departures may limit the ability of U.S. Embassies and consulates to provide services to U.S. citizens.
Also see our March 15 post, @StateDept Issues Global “Authorized Departure” For Certain USG Personnel and Family Members.
The State Department may not be referencing this event by any specific term, but this is effectively a “remain in country” policy in reality as travel has been severely restricted in many places.
How are people going to get home?
Or is the State Department going to mount a global evacuation for private American citizens from over 270 embassies and consulates?
For USG employees overseas, this technically becomes “shelter in place”. Employees and family members  on voluntary departure orders but caught in border closures may not have flights out. If/When they do get out, they will end up in European hubs with travel restrictions or quarantine policies in place. What happens after they arrive in Paris, or Frankfurt, or London is unknown.  Employees and family members waiting for their posts to get approved for “ordered departures” will be stuck in their host country or some in-between places even if the OD requests are approved. Borders are closed. Flights severely curtailed or suspended.
A week ago, American (AAL), the world’s largest airline and a leader in trans-Atlantic flights, said it would operate many of its European flights through at least March 18 according to a CNN report. Its March 12 announcement, AA says it will “Continue to operate flights to and from Europe for up to seven days to ensure customers and employees can return home.” Seven days later is March 19th.  The State Department’s Level 4 Do Not Travel advisory was announced today, March 19th. Suspended AA flights are not expected to resume until early May.
The COVID-19 outbreak was declared a Public Health Emergency of International Concern on 30 January 2020. It wasn’t until March 11, when the World Health Organization officially declared COVID-19 a pandemic.
Also on March 11, Trump Announces Travel Ban For Travelers From Schengen Area (26 European Countries) Over COVID-19 effective March 13, 2020.
The State Department’s page on “Options During a Pandemic” was reduced to a 2-paragraph snippet in 2018, which indicates the level of priority it assigns to informing Americans what happens to them, and what they can expect from the U.S. Government during a pandemic.

 

If your routine visa services are still open during this pandemic, please tell us why (Updated)

Update: March 16, 4:58 PDT US Embassy Seoul, South Korea still doing routine visa services (see below)
From a March 14 message from State/M Brian Bulatao:
“We may never have experienced a situation exactly like this before, but the Department has plenty of experience dealing with emergencies. We know that we have to make good decisions for ourselves, for our families, for our colleagues, and are actively taking into account the needs and challenges of individual team members who may be at a higher risk if they contract COVID-19.
This means, if you are sick, please stay home. If a member of your household is sick, please stay home. If you think you may have been exposed, it is best to stay home – you do not have to take annual leave if you are set up to telework. Reducing contact with other people is our best defense against the spread of the virus.”
If your routine visa services are still open during this pandemic, we’d like to know why.
If your post is able to do social distancing for visa applicants while continuing full services, we’d like to know how.
At the US Embassy in Israel, a COVID19-positive individual visited the Embassy Branch Office Non-Immigrant Visa Section waiting room in Tel Aviv on March 5, the Embassy announced that it directed its affected staff to quarantine on March 12.
US Embassy Seoul: We’re told that despite being a Level 3 COVID-19 country with very active community spread for the past few weeks, has continued to do routine NIV visa services and is still doing routine NIV visa services. “Those from epicenter areas are able to walk in like anyone else. No temp checks or additional screenings! Guards are not allowed to turn visibly sick people away. Visa appointments are only down because people aren’t traveling as much. However you can still get an appointment easily for (F, M, J, B) This is also a visa waiver country.”  (Note: South Korea is a CDC Level 3 country, and a State Department Level 3: Reconsider Travel country as of this writing).

Updated: 5:30 PDT, March 18, 2020

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FTC Reports More Than $200 Million Consumer Losses to Romance Scams #valentinesday

 

Via FTC: Reports of romance scams are growing, and costing people a lot of cash. According to new FTC data, the number of romance scams people report to the FTC has nearly tripled since 2015. Even more, the total amount of money people reported losing in 2019 is six times higher than it was five years ago – from $33 million lost to romance scammers in 2015 to $201 million in 2019. People reported losing more money to romance scams in the past two years than to any other fraud reported to the FTC.
More information available on the FTC’s romance scam page, as well as in a video. Information about FTC complaint data can be found at ftc.gov/exploredata, and consumers can file a complaint at ftc.gov/complaint.
See the State Department’s International Financial Scam page here.
For sending money to a U.S. citizen outside the United States, see guidance here.
To read more about OCS Trust, click here.

@StateDept Issues Revised Visa Reciprocity Fees For Nigeria

 

The US Embassy Abuja in Nigeria announced recently that the visa reciprocity schedule for Nigeria has changed effective August 29, 2019.  The statement notes that  since early 2018, the U.S. government has engaged the Nigerian government to request that the Nigerian government change the fees charged to U.S. citizens for certain visa categories.  Apparently, the government of Nigeria has not changed its fee structure for U.S. citizen visa applicants, so now the State Department has issued new reciprocity fees. Note that visa processing fees, and visa issuance fees are not the same. 

Effective worldwide on 29 August, Nigerian citizens will be required to pay a visa issuance fee, or reciprocity fee, for all approved applications for nonimmigrant visas in B, F, H1B, I, L, and R visa classifications.  The reciprocity fee will be charged in addition to the nonimmigrant visa application fee, also known as the MRV fee, which all applicants pay at the time of application.  Nigerian citizens whose applications for a nonimmigrant visa are denied will not be charged the new reciprocity fee.  Both reciprocity and MRV fees are non-refundable, and their amounts vary based on visa classification.

U.S. law requires U.S. visa fees and validity periods to be based on the treatment afforded to U.S. citizens by foreign governments, insofar as possible.  Visa issuance fees are implemented under the principle of reciprocity: when a foreign government imposes additional visa fees on U.S. citizens, the United States will impose reciprocal fees on citizens of that country for similar types of visas.  Nationals of a number of countries worldwide are currently required to pay this type of fee after their nonimmigrant visa application is approved.

The total cost for a U.S. citizen to obtain a visa to Nigeria is currently higher than the total cost for a Nigerian to obtain a comparable visa to the United States.  The new reciprocity fee for Nigerian citizens is meant to eliminate that cost difference.

Since early 2018, the U.S. government has engaged the Nigerian government to request that the Nigerian government change the fees charged to U.S. citizens for certain visa categories.  After eighteen months of review and consultations, the government of Nigeria has not changed its fee structure for U.S. citizen visa applicants, requiring the U.S. Department of State to enact new reciprocity fees in accordance with our visa laws.

The reciprocity fee will be required for all Nigerian citizens worldwide, regardless of where they are applying for a nonimmigrant visa to the United States.  The reciprocity fee is required for each visa that is issued, which means both adults and minors whose visa applications are approved will be charged the reciprocity fee.  The fee can only be paid at the U.S. Embassy or the U.S. Consulate General.  The reciprocity fee cannot be paid at banks or any other location.

The new fees range between $80 to $303.00 USD.  The Visa Reciprocity Schedule is available here.

USCIS to Shrink Overseas Presence to Seven Locations

 

We almost missed a recent announcement from the U.S. Citizenship and Immigration Services (USCIS) dated August 9 concerning its “international footprint.” It will maintain its presence at seven locations but will close 13 field offices and 13 district offices within the next year.

U.S. Citizenship and Immigration Services (USCIS) announced today plans to maintain operations at its international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; and New Delhi, India. Previously, Acting Director Ken Cuccinelli directed the agency to continue operating in Guatemala City, Guatemala; Mexico City, Mexico; and San Salvador, El Salvador, as part of a whole-of-government approach to address the crisis at the southern border.

While retaining these seven international offices, USCIS plans to close the remaining thirteen international field offices and three district offices between now and August 2020. The first planned closures are the field offices in Monterrey, Mexico, and Seoul, South Korea, at the end of September. These organizational changes will allow more effective allocation of USCIS resources to support, in part, backlog reduction efforts.

“This cost-effective and high value international footprint allows USCIS to efficiently adjudicate complex immigration petitions that require in-person interviews, to enhance integrity through fraud detection and national security activities, and to liaise with U.S. and foreign government entities to improve migration management capacity,” said Cuccinelli. “In the months ahead, USCIS will close its other international offices on a staggered schedule, ensuring a smooth transition of workloads to USCIS domestic offices and State Department consular sections, while mitigating impacts on USCIS staff who will rotate back to domestic positions.”

Many functions currently performed at international offices will be handled domestically or by USCIS domestic staff on temporary assignments abroad. As part of this shift, the Department of State (DOS) will assume responsibility for certain in-person services that USCIS currently provides at international field offices. In addition to issuing visas to foreign nationals who are abroad, DOS already performs many of these service functions where USCIS does not have an office. USCIS is working closely with DOS to minimize interruptions in immigration services to affected applicants and petitioners.

As of this writing, travel.state.gov’s newsroom remains pretty sparse with news.

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Trump Threatens Retaliation Against Countries That Issue Travel Warnings For USA #GetReady

 

 

On August 10, USA Today reported that the president has threatened retaliation Friday against countries and organizations that issue travel warnings on the United States because of gun violence (see Amnesty International Issues Travel Advisory For the United States of America).
The president said during the gaggle “We are a very reciprocal nation with me as the head. When somebody does something negative to us in terms of a country, we do it to them.”
Oh, Lordy, that’s going to be the end of the State Department’s Travel Advisories, wouldn’t it? Better not show him the other countries’ color coded map of the United States where these gun violence is happening, or that’s going to blow up the State Department’s travel advisory travel map, too.

But seriously, per Foreign Affairs Manual, the travel advisories are part of the Consular Affairs’ Consular Information Program (CIP). It is a public outreach program through which the Department of State, through the Bureau of Consular Affairs (CA), and U.S. embassies and consulates, “inform U.S. citizens and nationals of potential threats to their health or safety abroad and provide information about consular services.” Also this:
“All information provided to the public through the CIP represents the Department’s objective assessment of conditions in a given country based on reliable information available at the time of publishing, as reported by posts, various Department bureaus, other U.S. government agencies and departments, foreign governments, and credible open sources.”
Most importantly is this:
“Information provided through the CIP, including Travel Advisories and Alerts for U.S. citizens, is based on the overall assessment of the situation in country.  By necessity, this analysis is undertaken without regard to political or economic considerations.”
The Travel Advisory Review Committee (TARC) brings Department stakeholders together to discuss security information and how it is relayed via Travel Advisories.  TARC includes representatives from the Bureau of Diplomatic Security, (DS/TIA/ITA); Post’s regional bureau; the Office of the Under Secretary for Political Affairs; the Office of the Under Secretary for Management; Representatives from other bureaus as appropriate based on the threat, to include: 1) Coordinator for Counter Terrorism (CT), when the threat is terrorism related; 2) Medical Services, when the threat is health related; 3) Bureau of Economic and Business Affairs (EB/TRA/OP), if there are aviation issues; 4) Legal offices (OCS/L/CA), when there are legal issues; 5) The Office of the Under Secretary for Arms Control and International Security (T), when there is a nuclear issue; 6) Bureau of Oceans and International Environmental and Scientific Affairs (OES), when the threat is environmental; and 7) Bureau of Democracy, Human Rights and Labor (DRL), if threat presents human rights concerns, such as LGBTI issues.
The TARC is chaired by CA’s Overseas Citizen Services, an office that reports to the Assistant Secretary for Consular Affairs Carl Risch. Mr. Risch, however, has overall responsibility for the Consular Information Program (CIP), to include supervising and managing the program, and is authorized to determine the final wording of all products. CA’s Carl Risch reports to the Under Secretary for Management Brian Bulatao. U/Secretary Bulatao in turn reports to the Deputy Secretary John Sullivan and Secretary Mike Pompeo.
So, if this president starts retaliating against countries that issue Travel Warnings for the United States, who’s going to tell him “no”?  We’re ready to borrow the rules from the World Rock Paper Scissors Society, if needed.

 

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@StateDept FOIA: Trump’s January 2017 EO: Protecting the Nation From Foreign Terrorist Entry into the United States

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On January 27, 2017, Trump issued an Executive Order that suspends the entry of refugees to the United States for 120 days and deny entry/issuance of visas to citizens of seven Muslim-majority countries [Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen]. See Trump EO: Protecting the Nation From Foreign Terrorist Entry into the United States, 1.27.2017

Below is a collection of documents from the State Department via Jason Leopold’s FOIA efforts. The documents illustrate the actions and confusion following the issuance of the Executive Order. In a normal administration where the motto is not “chaos everyday”, this EO would have gone through an internal process where overseas posts learn beforehand about the new policy, how it is interpreted for operational purposes, and are provided guidance on how to address the more complicated cases, and exceptions. In this case, the EO was released and overseas posts had no answers to relevant operational questions. The agreed guidance between DHS and State did not go out until January 30, 2017. Meanwhile, US Embassy Baghdad had to deal with the EO fallout from the Iraqi government and shocked Kurdish partners.

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@StateDept to start requiring Diversity Visa applicants valid, unexpired passports on electronic entry forms

 

On June 5, 2019, the State Department published on the Federal Register an interim final rule requiring alien petitioners for the Diversity Visa Program “to provide certain information from a valid, unexpired passport on the electronic entry form.”

Diversity Visa Program, DV 2016-2018: Number of Entries Received During Each Online Registration Period by Country of Chargeability. (Click on image to see the full pdf document)

Excerpt:

An estimated 14 million aliens register annually for the DV Program through an electronic entry form. The entry form collects information on the petitioner’s full name; date and place of birth; gender; native country, if different from place of birth; current mailing address; and location of the consular post where the diversity visa should be adjudicated, if the petitioner is selected through the DV lottery. The electronic entry form also collects information about the names, dates and places of birth for the petitioner’s spouse and children. The entry process is open to all aliens who are natives of “low-admission” countries without numerical limitation, defined as countries with fewer than 50,000 natives admitted to the United States during the most recent five-year period. After the close of the DV Program entry period, petitioners are selected through a randomized computer drawing (“selectees”) for consideration for one of the 50,000 available diversity visa numbers.

Section 204(a)(1)(I)(iii) of the INA, 8 U.S.C. 1154(a)(1)(I)(iii), vests the Secretary of State with authority to set by regulation the information and documentary evidence to support a petition for entry into the DV Program. The requirements are set out in 22 CFR 42.33.

With this rule, the Department is amending 22 CFR 42.33(b)(1) to require the petitioner to include on the electronic diversity visa entry form the unique serial or issuance number associated with the petitioner’s valid, unexpired passport; country or authority of passport issuance; and passport expiration date. These requirements will apply only to the principal petitioner and not derivatives listed on the entry form. These requirements apply unless the petitioner is either stateless, a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or the beneficiary of an individual waiver approved by the Secretary of Homeland Security and the Secretary of State, consistent with the passport waivers for immigrant visa applicants provided for in 22 CFR 42.2(d), (e), and (g)(2). A petitioner who does not have a passport and is either stateless, is a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or has an individual waiver of the passport requirement from the Secretary of Homeland Security and the Secretary of State, must indicate that he or she falls into one of these three circumstances on the electronic entry form, instead of providing passport information. The requirements for information from a valid passport will not be waived under any other circumstances.

Mandatory Disqualification

The Department is also clarifying that failure to accurately include any information required by 22 CFR 42.33(b)(1) and (2) will result in mandatory disqualification of the petitioner for that fiscal year. The existing regulations require the petitioner to submit specific information, including, but not limited to: Name, date of birth, and place of birth for the principal petitioner and any relatives that may accompany the petitioner, if selected to apply for a diversity visa, as well as a digital photo. While these are currently requirements for the diversity visa entry form, existing regulations do not make clear the consequence for failure to provide the information. The revised regulation clarifies that failure to provide the required information, including a compliant photograph, will result in the disqualification of the entry, the petitioner, and derivatives from the DV Program for that fiscal year.

Why is the Department promulgating this rule?

The Department has historically encountered significant numbers of fraudulent entries for the DV Program each year, including entries submitted by criminal enterprises on behalf of individuals without their knowledge. Individuals or entities that submit unauthorized entries will often contact unwitting individuals whose identities were used on selected DV Program entries, inform them of the opportunity to apply for a diversity visa, and hold the entry information from the named petitioner in exchange for payment. Requiring that each entry form include a valid passport number at the time of the DV Program entry will make it more difficult for third parties to submit unauthorized entries, because third parties are less likely to have individuals’ passport numbers. Entries submitted by unauthorized third parties using a duplicative passport number will also be easily identified and automatically disqualified.

Click here to read the entire notice, or for information on where to send comments (accepted up to July 5, 2019).

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