The Department of Homeland Security (DHS) has announced that the I-9 Record Keeping Flexibilities announced in March of 2020 in response to the COVID-19 pandemic will be coming to an end on July 31, 2023 and the employers who took advantage of the remote document inspection flexibilities for verifying documentation for certain employees must complete in-person physical document inspection for those employees by August 30, 2023.
Read MoreNovember 8, 2021 Announced as End Date for COVID-19 Travel Bans for Vaccinated Travelers
White House assistant press secretary, Kevin Munoz, has announced via Twitter that November 8, 2021 will mark the end date for the current country-specificCOVID-19 travel restrictions. The White House also confirmed the date applies to both international air travel and land travel.
Read MoreU.S. to Rescind COVID-19 Travel Restrictions for Canada and Mexico
COVID-19 Vaccination Required for Green Card Applicants Beginning October 1
The CDC has added COVID-19 to the list of vaccinations required of applicants seeking U.S. lawful permanent residence. The requirement, which will be effective beginning October 1, will apply to applicants seeking adjustment of status from within the U.S. and those applying for immigrant visas at a U.S. embassy or consulate abroad.
Read MoreBiden Administration Expands COVID-19 Related Travel Restrictions to Travelers from India
President Biden issued a proclamation expanding the travel restrictions which suspend the of entry of certain travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, Brazil, China, Iran, and South Africa, to include travelers from India. The President cited the “magnitude and scope of the COVID-19 pandemic” in the country and surging new cases and the need for “science-based public health measure[s]“ to be implemented.
As with the previous suspensions, U.S. citizens and lawful permanent residents are not subject to the proclamations and certain other exemptions and exceptions still apply.
The expanded rule will become effective at 12:01 a.m. eastern standard time on May 4, 2021.
D&S will continue to monitor the situation and provide updates as they become available.
Department of State Introduces More Restrictive NIE Criteria
The Department of State has announced that it has rescinded the National Interest Exception (NIE) criteria under Presidential Proclamation 10143 as related to the Schengen Area, United Kingdom, and Ireland travel bans. The State Department instead, announced a new, more restrictive list of NIE eligibility criteria, focused mainly on individuals providing vital support of critical infrastructure.
Read MoreBiden Administration Expands COVID-19 Related Travel Restrictions
This week, President Biden signed a proclamation continuing the suspension of entry of certain travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, Brazil, China, and Iran, and expanding these restrictions to include travelers from South Africa.
As with the previous suspensions, U.S. citizens and lawful permanent residents are not subject to the proclamations and certain other exemptions and exceptions still apply.
The expanded rule will become effective at 12:01 a.m. eastern standard time on January 30, 2021.
D&S will continue to monitor the situation and provide updates as they become available.
U.S. to Require Proof of Negative COVID Test for International Travelers
The U.S. Centers for Disease Control and Prevention (“CDC”) announced that a negative Covid-19 test will be required from all air passengers entering the United States.
Under the rule, which will go into effect on January 26, all air passengers will be required to get a test within three days prior to their flight to the U.S., and to provide written documentation of their lab results, or documentation of having recovered from Covid-19 within the preceding three months. The rule will apply regardless of vaccination status and proof of immunization will not be sufficient to exempt a traveler from these requirements.
Airlines will be required to confirm all passengers are in compliance with the new rule prior to boarding, and where a passenger chooses not to take a test or cannot provide documentation of a negative test or recovery, the airline must not permit the passenger to board the flight.
NY District Court Issues Nationwide Preliminary Injunction on Enforcement of Public Charge Rule During COVID-19 Outbreak
This week, the U.S. District Court for the Southern District of New York (SDNY) issued a preliminary injunction blocking the enforcement of the Trump Administration’s 2019 regulation titled “Inadmissibility on Public Charge Grounds”. The Public Charge Rule was initially introduced in August of 2019 and has been viewed by many as an extensive and overly burdensome “wealth test” that goes far beyond the existing requirement that green card applicants and those seeking admission to the U.S. from overseas demonstrate that they are not likely to become a public charge (e.g., rely on certain means-tested public benefits).
Read MoreState Department Announces Phased Resumption of Routine Consular Visa Services
The U.S. Department of State (DOS) has updated its website to indicate that U.S. embassies and consulates will begin resuming routine consular services in a phased approach that will occur on a post-by-post basis. The update states that “As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.”
The DOS notes, however, that it is not able to provide specifics dates for when each consular post will resume specific visa services or when they will again be able to resume processing at full, pre-COVID levels, as these will largely be dictated by local conditions. All posts will continue to provide emergency and mission critical services consistent with what has been provided since the suspension of routine visa services in March 2020.
For further information on the specific services being offered by a consular post, individuals should check that post’s website. Finally, the announcement confirms that the resumption of routine visa services is still limited by the COVID-19 Proclamations, including those restricting travel from certain countries and those put in place under the guise of protecting the U.S. labor market.
D&S will continue to monitor this developing situation and provide updates as they become available.
ICE's Student Exchange Visitor Program Issues Broadcast Modifying Online Class Accommodations Made In Response to COVID-19 - Updated on 7/14/2020 to Confirm New Policy Has Been Rescinded
Today, Immigration and Customs Enforcement’s (ICE) Student Exchange Visitor Program (SEVP) sent out a Broadcast Message notifying all SEVIS users of modifications being made to the temporary procedural adaptations for online courses that were permitted during the height of the COVID-19 Pandemic. Specifically, for the spring and summer 2020 semesters SEVP had temporarily exempted F-1 and M-1 students from the normal online class requirements and were permitted to take more online courses than normally allowed for purposes of maintaining a full course of study.
Read MoreWhite House Issues Presidential Proclamation Expanding Immigration Restrictions to Certain Nonimmigrant Visa Categories
Today the Trump administration released an expansion of its April 22, 2020 Presidential Proclamation on Immigration which was previously focused only on temporarily suspending the entrance of individuals entering the U.S. on certain immigrant visas. The expanded proclamation extends the temporary suspension of that limited class of immigrant visa holders from the U.S. This extension takes effect immediately. In addition, the Proclamation expands the suspension to nonimmigrant visas including some of the most commonly used employment-based nonimmigrant visas such as the H-1B, L-1, and certain J-1 visas, as well as any dependent family members of these visa holders. The entry of individuals on H-2B visas for non-agricultural seasonal workers is also suspended.
Read MoreUSCIS Announces Premium Processing Will Resume in a Phased Approach in June
Today, the United States Citizenship and Immigration Service (USCIS) announced that, starting next week, it will resume premium processing service for certain nonimmigrant and immigrant petitions. The schedule for resumption of premium processing service, which is subject to change, is as follows:
June 1, 2020 - Premium processing to resume for all pending and newly filed I-140 petitions
June 8, 2020 - Premium processing to resume for:
Pending cap-exempt H-1B petitions filed before June 8, 2020 (including cap-exempt petitioners and petitions for beneficiaries already counted against the H-1B cap including pending extensions and change of employer requests).
All other pending I-129 petitions for nonimmigrant classification that are eligible for premium processing (e.g., L-1, O-1, E-2, TN).
June 15, 2020 - Premium processing to resume for:
Newly filed H-1B cap-exempt petitions, which can be filed with a concurrent request for premium processing where cap-exemption is based on either:
The Petitioner being a cap-exempt institution; OR
The beneficiary being cap-exempt based on a Conrad/IGA waiver under section 214(l) of the Immigration and Nationality Act (INA).
June 22, 2020 - Premium processing to resume for all other Form I-129 petitions, including:
All FY2021 cap-subject petitions (including upgrades for pending cases and concurrent premium processing request for newly submitted petitions)
All other newly filed I-129 petitions for nonimmigrant classification that are eligible for premium processing (e.g., L-1, O-1, E-2, TN and remaining H-1B petitions).
As noted above, USCIS has stated that all dates are subject to change.
D&S will continue to monitor the situation and provide updates as they become available.
USCIS Targets June 4, 2020 As Earliest Date for Reopening of In-Person Services
Today, USCIS announced that they are preparing to reopen in-person services on or after June 4, 2020. In doing so USCIS has pushed back its previous targeted reopening date of May 7th. These in-person services include application support center (ASC) biometrics, naturalization ceremonies, InfoPass appointments, and adjustment of status and naturalization interviews.
USCIS has noted that once normal operations have resumed it will automatically reschedule ASC appointments. Those with InfoPass an other field office appointments such as adjustment of status and naturalization interviews, must reschedule using the USCIS Contact Center once field offices are open to the public again.
President Trump Signs Executive Order Temporarily Suspending Most Consular Immigrant Visa Processing
Tonight, President Trump signed and Executive Proclamation titled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” The Proclamation, which take effect at 11:59 pm ET on April 23, 2020, and will initially last 60 days, temporarily suspends the issuance of most Immigrant Visas, which allow individuals to enter the United States as Lawful Permanent Residents.
Read MoreUSCIS Announces It Will Reuse Previously Captured Biometrics When Processing I-765 EAD Renewals in Light of ASC Closures
Today, USCIS announced that it will continue to process I-765 Application for Employment Authorization renewal requests despite the inability of applicants to have new biometrics captured due to the temporary closure of all USCIS Application Support Centers (ASCs). Instead, USCIS stated that it will reuse previously submitted biometrics to process these applications.
Read MoreUSCIS Announces Flexibility in RFE and NOID Deadlines Due to COVID-19 Pandemic
Today, the United States Citizenship and Immigration Service (USCIS) announced that it would provide extra flexibility with respect to deadlines for submitting Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). More specifically, while Petitioners are typically given between 30 and 84 days to response to RFEs and NOIDs, USCIS has stated that for RFEs and NOIDs dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the initial response deadline will be considered by USCIS before any action is taken.
What this appears to mean is that so long as RFEs and NOIDs are filed within 60 days of the initial response deadline, USCIS will not consider the late filing, alone, as a basis for denying the petition for failure to timely respond to an RFE or NOID.
UPDATE: On March 30, 2020, USCIS announced that it would also extend the same deadline flexibility to Notices of Intent to Terminate (NOITs) regional investment centers and Notices of Intent to Revoke (NOIRs). In addition, Form I-290B motions and appeals received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action. This will apply to relevant filings where the issuance date listed on the request, notice, or decision is between March 1, 2020 and May 1, 2020, inclusive.
UPDATE: On May 1, 2020, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1 and July 1, 2020, inclusive.
UPDATE: On July 1, 2020, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1 and September 11, 2020 inclusive.
UPDATE: On September 11, 2020, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020, and January 31, 2021 inclusive.
UPDATE: On January 27, 2021, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020 and March 31, 2021 inclusive.
UPDATE: On March 24, 2021, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020 and June 30, 2021 inclusive.
UPDATE: On June 24, 2021, USCIS extended the window in which cases would be considered for deadline flexibility to cases filed between March 1, 2020 and September 30, 2021 inclusive.
COVID-19 Government Processing Updates
WHAT’S HAPPENING
The novel coronavirus, COVID-19, has spread rapidly, including to all 50 states in the U.S., with over 10,000 individuals having been infected as of the date of this writing. In response to the significant business closures and travel restrictions that have resulted in response to the pandemic, the United States Citizenship and Immigration Service (USCIS) and the United States Department of State (DOS) have announced several important changes that will impact the processing of immigrant and nonimmigrant visa petitions and applications for the foreseeable future.
Read MoreI-9 Compliance During COVID-19 Outbreak
WHAT’S HAPPENING
On January 21, 2020, the United States experienced its first case of the novel coronavirus, COVID-19, which has since spread to all 50 states with over 8,000 individuals having been infected as of the date of this writing. In response to the rapid spread of the virus, local, state, and government officials have called for the closure of many schools and businesses and encouraged individuals to practice “social distancing”. In order to adhere to the social distancing recommendations many businesses have closed their physical locations and are requiring all or most employees to work remotely.
This situation has led to a host of immigration compliance concerns, one of which is how employers can remain compliant when completing Form I-9 for new hires working remotely, since the I-9 process requires in-person, physical inspection of documentation in the presence of the new employee in order to verify a new hire’s identity and employment authorization.
Read MoreTrump Administration Expands Travel Suspension to UK and Ireland
President Trump has announced an expanded ban on travel to the U.S. for foreign nationals who, within a 14-day period preceding their entry to the U.S., were physically present in the U.K. or Ireland. The suspension will become effective as of 11:59 pm (ET) on Monday, March 16, 2020 and is an expansion of the ban on travel for foreign nationals present in any of the 26 countries in Europe which comprise the Schengen Area. Like the prior ban, the measure, which is in response to the COVID-19 pandemic, does not apply to United States Citizens (USCs), Lawful Permanent Residents (LPRs), and certain family members of USCs and LPRs.
D&S is closely monitoring this and will provide additional updates as new information becomes available.