COVID 19 Immigration Update (June 8, 2020)
With the spread of the Coronavirus subsiding or at least holding
steady in the U.S., many government agencies that are involved with
U.S. immigration case processing are beginning to resume
services. At the same time, some agencies have experienced
processing issues as a result of fewer people working at government
facilities. In addition, President Trump has issued a couple
of proclamations suspending the entry of certain foreign nationals
into the U.S. Here is an update on where various agencies
stand with respect to immigration case processing as of early June
2020, due to the COVID-19 pandemic:
- District Offices Reopening: On June 4,2020, local U.S. Citizenship and Immigration Services (USCIS) field
offices across the U.S. reopened for non-emergency in-person
services such as interviews and oath ceremonies.
- InfoMod Appointments: USCIS iscontinuing to schedule local InfoMod appointments only for issues
where there is an emergency need. The public should contact the
USCIS Contact Center at 1-800-375-5283 to make an InfoMod
appointment.
- USCIS District Office Reopening Webinar:USCIS is hosting a webinar on Thursday, June 18, 2020 from 3:00
p.m. EST to 4:00 p.m. EST, which will provide an overview of
reopening procedures for district offices, application support
centers, and asylum offices. If you have any questions about the
webinar or would like to register for the webinar, please send an
e-mail message to the following address:
public.engagement@uscis.dhs.gov.
- USCIS Vermont Service Center (VSC) Delays in Issuanceof Receipt Notices
: There are reports of delays atthe USCIS’ VSC with respect to the issuance of receipt
notices. There has been no explanation, but it is assumed
that with more officers working remotely because of the COVID-19
pandemic, delays have resulted with respect to receipt notice
issuance.
- USCIS Resumes Premium ProcessingServices:
USCIS will resume premiumprocessing for Form I-129 (Petition for a Nonimmigrant Worker) and
Form I-140 (Immigrant Petition for Alien Worker) petitions in the
month of June 2020 on a gradual or phased-in basis, as follows: On
June 8, 2020, USCIS will accept premium processing
requests for H-1B petitions filed before June 8, 2020 that are
pending adjudication and are cap exempt, as well as all other Form
I-129 petitions (non-H-1B petitions) for nonimmigrant
classifications eligible for premium processing filed before June
8, 2020. On June 15, 2020, USCIS plans to
resume premium processing for H-1B petitions filed on or after June
8, 2020 that are cap exempt, based on the employer being cap
exempt, or because the beneficiary will be employed at a qualifying
cap-exempt institution, or because the beneficiary is cap exempt
based on a Conrad 30 Waiver or Interested Government Agency (IGA)
waiver under the Immigration and Nationality Act. On June
22, 2020, USCIS plans to resume premium processing for all
other Form I-29 petitions, including all H-1B cap-subject
petitions. This would include those H-1B cap-subject
petitions for Fiscal Year 2021, requesting a change of status from
F-1 nonimmigrant status. In addition, all other Form I-129
petitions for nonimmigrant classification, eligible for premium
processing service, will resume on this date.
- U.S. Department of Labor (DOL) Released Round Four ofFrequently Asked Questions Regarding COVID-19
Pandemic:
DOL has rescinded and replaced Question #3of the COVID-19 Round 1 FAQs published on March 20, 2020. In
the COVID-19 Round 1 FAQs, Question #3 provided additional time for
employers to file an ETA Form 9089 beyond 180 days from the start
of the placement of recruitment, provided the recruitment began on
or after September 15, 2019 and the ETA Form 9089 was filed by May
12, 2020. Going forward, DOL will no longer accept
recruitment completed after the 180-day regulatory deadline has
passed. In addition, DOL has indicated that its
National Prevailing Wage Center will not approve any requests to
extend the validity date of a prevailing wage determination.
- E-Certified ETA Form 9089s are still acceptable forForm I-140 Petition Filings through at least June 30,
2020
: USCIS has indicated that when filing a FormI-140 petition, “No” should be marked on Question 10,
Page 3 of the Form I-140 regarding whether the petitioner is
requesting a duplicate labor certification from the DOL. DOL
has indicated that e-certified ETA Form 9089s issued by the DOL
between March 25, 2020 and June 30, 2020 will satisfy the
requirement that the petitioner provide evidence of an original
certified ETA Form 9089. USCIS has confirmed that photocopied
signatures on the e-certified ETA Form 9089 are acceptable to
USCIS.
- National Visa Center Communications: TheU.S. Department of State’s National Visa Center (NVC) has
indicated that as of June 1, 2020, NVC is responding to messages
received on or before May 23, 2020. NVC has indicated that
all messages received on March 27, 2020 or before should have
received a response. NVC has indicated that only critical
case updates and urgent medical or humanitarian issues should be
submitted at this time, because of reduced staffing levels at the
NVC due to the COVID-19 pandemic.
- U.S. Northern and Southern Land Border to Remain Closedto all but Essential Travel until June 22, 2020
: TheU.S. Customs and Border Protection (CBP) has extended the closure
of the land border at ports of entry to all but essential travel
until June 22, 2020. While non-essential travel includes
sightseeing in the U.S., recreational activities, gambling, or
attending cultural events, there are reports of foreign nationals
being denied admission when claiming the travel to the U.S. is
essential for employment. Foreign nationals should contact
the CBP office at the port of entry prior to traveling to the U.S.
to confirm the travel meets the criteria for essential travel to
the U.S. U.S. citizens and U.S. Green Card holders, as well as
certain other individuals, still have the ability to enter the U.S.
at the northern and southern land borders.
- Presidential Proclamation Suspending Entry into theU.S. Certain Individuals Traveling from Brazil:
OnMay 25, 2020, President Trump issued a proclamation restricting the
entry of certain immigrants and nonimmigrants to the U.S. who were
physically present in Brazil for 14-days preceding entry or
attempted entry into the U.S. This decision is based on data
collected from the World Health Organization (WHO) that reflects
Brazil is currently undergoing a widespread transmission of
COVID-19. The restriction does not apply to U.S. Green Card
holders, U.S. citizens, spouses of U.S. citizens or Green Card
holders, as well as certain other foreign nationals.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.