Link: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

Law IMM Analysis: The Trump administration has signed a new presidential proclamation that not only extends the temporary suspension of entry of certain types of immigrants to the U.S. until December 31, 2020, but this latest executive order expands on the previous immigrant visa issuance restrictions that were announced on April 22, 2020.

Link:https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2020/PM-602-0114_ITServeMemo.pdf

Law IMM Analysis: In the aftermath of the May 2020 legal settlement that was reached between the USCIS and IT Serve Alliance, which represents a collection of IT consulting firms who had filed lawsuit against the USCIS to contest the enforcement of certain USCIS policy practices governing the H-1B nonimmigrant temporary worker petition filings, the USCIS has formally rescinded both its previously published year 2010 Determining Employer-Employee Relationship (including Third-Party Site Placements) for H-1B petitions Memorandum, as well as the subsequently issued year 2018 Contracts and Itineraries Requirement for H-1B Petitions Involving Third-Party Worksite.

Link: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-file-your-adjustment-status-application-family-sponsored-or-employment-based-preference-visas-july-2020

Law IMM Analysis: For the July 2020 Visa Bulletin just published by the U.S. Department of State, the USCIS has decided to continue to follow the previous months’ filing procedure and set that for family-sponsored filings, filers should once again follow the Dates for Filing Chart for the July 2020 Visa Bulletin.

Link: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-nonimmigrants-certain-students-researchers-peoples-republic-china/

Law IMM Analysis:

President Trump has announced the U.S. will block certain Chinese nationals associated with entities in China that are part of China’s military-civil fusion strategy from coming to the U.S. by using
F-1 student or J-1 exchange visitor visas.

Link: https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-certain-petitions

Law IMM Analysis: USCIS will begin to resume premium processing requests for certain immigrant and non-immigrant petitions based on a multi-phase time table. The dates in the latter part of June 2020 are still tentative though.

Previously, in late March 2020, USCIS had suspended all premium processing due to the COVID-19 pandemic.

U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person services at its field offices, asylum offices and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is following the Centers for Disease Control and Prevention’s guidelines to protect our workforce and the public. For the latest information on the status of individual offices, check our office closures page.

Link: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-file-your-adjustment-status-application-family-sponsored-or-employment-based-preference-visas-june-2020

Law IMM Analysis:

For the June 2020 Visa Bulletin just published by the U.S. Department of State, the USCIS has decided to continue to follow the previous months’ filing procedure and set that for family-sponsored filings, filers should once again follow the Dates for Filing Chart for the June 2020 Visa Bulletin.

Link: https://www.uscis.gov/news/alerts/uscis-offices-preparing-reopen-june-4

Law IMM Analysis:

USCIS has announced that it is further extending the temporary suspension of all in-person services at its field offices, asylum offices, and application support centers (ASCs), and it preparing to re-open its offices on or after June 4 2020, unless the public closures are further extended. Previously, the suspension of services was through May 3, 2020.

Link: https://www.uscis.gov/visabulletininfo

Law IMM Analysis:

Following the much-delayed release of the May 2020 Visa Bulletin by the U.S. Department of State, the USCIS has decided to continue following the previous months’ filing procedure and set that for family-sponsored filings, filers should once again follow the Dates for Filing Chart for the May 2020 Visa Bulletin.

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

Law IMM Analysis: 

The Trump administration has signed a presidential proclamation that temporarily suspends the entry of certain types of immigrants to the U.S. for 60 days if:

1. They do not have a valid immigrant visa as of the effective date of the proclamation on 11:59 pm EDT on April 23, 2020
2. They do not have an official travel document other than an immigrant visa that is valid as of the effective date of the proclamation or is issued thereafter and allows the person to travel to the U.S. and see entry or admission (such as a transportation letter, boarding foil or advanceparole document)

It should be noted that this temporary ban does NOT impact the filing or processing of applications for adjustment of status to lawful permanent resident status (i.e. I-485 filings). So, applicants who are eligible for, and wish to file for immigrant petitions here in the U.S. can continue to submit their petitions to the USCIS.

The Impact of Furloughs and Layoffs on H-1B Visa Holders and Employers

During this COVID-19 pandemic, many employers have unfortunately been forced to reduce their staff. There are many employees throughout the country who have been laid off or placed in furlough by their employers. The result has been devastating for individuals throughout the country. However, what happens when the employee is an individual in H-1B status? What kind of options available for the H-1B holder to continue to maintain non-immigrant status? What obligations does the employer hold when facing this situation for an H-1B employee? There are many new scenarios and situations that are arising in this difficult time and it is important for H-1B employers and employees to be aware of the current rules as well as their responsibilities and rights.

Link: https://www.uscis.gov/news/alerts/uscis-temporary-office-closure-extended-until-least-may-3

Law IMM Analysis:

USCIS has announced that it is further extending the temporary suspension of all in-person services at its field offices, asylum offices, and application support centers (ASCs), and it will re-open its offices on May 4, 2020, unless the public closures are further extended.

Link: https://www.uscis.gov/news/news-releases/fy-2021-h-1b-cap-petitions-may-be-filed-april-1

Law IMM Analysis:

USCIS has announced that the H-1B cap petitions for Fiscal Year 2021 can be filed with the USCIS starting on April 1, 2020.

USCIS also reminds H-1B petitioners that it can only be eligible to file an FY 2021 H-1B cap-subject petition if they had first electronically registered the particular H-1B beneficiary in the H-1B registration process and the USCIS selected the registration submitted for the beneficiary through the lottery/selection process.

Links: https://www.uscis.gov/news/alerts/h-1b-initial-electronic-registration-selection-process-completed

LAW IMM Analysis:

USCIS has announced that it has received sufficient H-1B quota registrations for the fiscal year 2021, and it has also conducted the random selection/lottery drawing of those registrations. The USCIS also confirmed that it has notified the H-1B petitioners with selected registrations regarding the next steps to take, including the submission of H-1B quota petitions, starting on April 1, 2020 and lasting through at least June 30, 2020.

Links: https://www.uscis.gov/news/alerts/uscis-continue-processing-applications-employment-authorization-extension-requests-despite-application-support-center-closures

LAW IMM Analysis:

USCIS has announced that it will reuse the previously submitted biometrics so that it can continue to process and adjudicate the validly filed Form I-765 Employment Authorization Document (EAD) extension requests, even in light of the temporary closure of the USCIS Application Support Centers (ASCs) to the public due to the current COVID-19 crisis.

Links: https://www.uscis.gov/news/alerts/uscis-announces-flexibility-requests-evidence-notices-intent-deny

LAW IMM Analysis:

In response to the ongoing COVID-19 crisis, the USCIS has announced that it is adopting a more flexible approach to those applicants and petitioners who have to respond to Requests for Further Evidence (RFEs), and Notices of Intent to Deny (NOID) that are issued between March 1, 2020 through May 1, 2020.

Links: https://www.uscis.gov/news/alerts/uscis-temporary-office-closure-extended-until-least-april-7

LAW IMM Analysis:

USCIS has announced that it is extending the temporary suspension of all in-person services at its field offices, asylum offices, and application support centers (ASCs), and it will re-open its offices on April 7, 2020, unless the public closures are further extended. Previously, the suspension of services was through April 1, 2020.

Link: https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance

LAW IMM Analysis:

The Department of Homeland Security has announced that effective Friday, March 20, 2020, it will exercise discretion and defer the physical presence requirements related to Form I-9 Employment Eligibility Verification of the INA. This means that employers with employees that take physical proximity/social distancing precautions due to the COVID-19 emergency will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence.

Link: https://www.uscis.gov/news/alerts/uscis-announces-flexibility-submitting-required-signatures-during-covid-19-national-emergency

LAW IMM Analysis:

USCIS has announced that it will start accepting all forms that request immigration benefits with the USCIS with reproduced (copy) of original signatures. This includes the form I-129 petition, which is used to file for various non-immigrant employment-based petitions (such as E/H/L/O/P status categories), for submissions dated Saturday, March 21, 2020 and beyond.

Link:https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic

LAW IMM Analysis:

USCIS has announced that effective immediately (Friday, March 20, 2020), it will suspend premium processing services for all Form I-129 and I-140 petitions due to the ongoing COVID-19 crisis. This suspension means that USCIS will not accept premium/expedited requests for all the employment-based immigrant and non-immigrant petitions. This suspension will last until further notice and for the immediate future.