Presidential Proclamation:
As noted in our blog post, the April 22, 2020 Presidential Proclamation regarding immigration affects only consular processing immigrant visa cases, with certain exceptions. Nonimmigrant visas and statuses are unaffected; PERM, I-140, Adjustment of Status (I-485) and related filings are unaffected.
See this post for a potential future limitations for nonimmigrant visa issuance or travel which are rumored to be announced in June 2020.
On May 29, 2020, the administration issued a Proclamation banning the entry of certain Chinese undergraduate students and researchers on F or J visas. As there is currently already a travel ban on arrivals from China, it is unclear what additional effect this Proclamation will have.
USCIS Re-Opening:
As of June 4, 2020, USCIS Field Offices are starting a phased re-opening process. In San Francisco, most employment-based adjustment of status interviews are being waived. Naturalization oath ceremonies are being scheduled as small socially-distanced events at the Field Office versus a larger celebratory event at Oakland’s Paramount Theater. The San Francisco office has also indicated that the oath may be administered at the conclusion of a naturalization interview going forward, where possible. As other interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants.
USCIS Service Center operations continue, which means that regular filings are still being accepted. Premium Processing Service or “PPS” is being phased back in for most previously-accepted application types, and scanned signatures continue to be accepted for filings.
https://www.uscis.gov/news/alerts/uscis-preparing-resume-public-services-june-4
Closure of Land Ports of Entry (Canada & Mexico):
On June 16, 2020, U.S. Customs & Border Protection extended the land border closure to 11:59 PM ET on July 21, 2020. Essential travel is excepted.
https://www.dhs.gov/news/2020/06/16/fact-sheet-dhs-measures-border-limit-further-spread-coronavirus
Arrival Restrictions for Europe, China, Brazil:
Arrival restrictions for persons present in Europe (Schengen, U.K. Ireland) or China are continuing until cancelled or modified. Brazil was most recently added to the list, taking effect Tuesday, May 26, 2020 at 11:59PM ET.
Continued Embassy Closures:
Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be suspended although some Embassies are showing appointment availability later in the year. Emergency appointments are available on a case-by-case basis at some Embassies.
Form I-9 Completion During COVID-19:
On May 1, 2020, DHS issued a temporary policy regarding expired List B identity documents used to complete Form I-9. Beginning on May 1, 2020, identity documents found in List B that are set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee had presented a valid receipt for an acceptable document for Form I-9 purposes. DHS has also issued policies for virtual review of certain documents, and has extended the time period to resolve tentative non-confirmations on E-Verify due to COVID-19.
I-9 FAQ: https://www.uscis.gov/i-9-central/temporary-policies-related-covid-19
Finally, DHS issued a new M-274 manual M-274, Handbook for Employers: Guidance for Completing Form I-9, with expanded information on properly completing Form I-9, Employment Eligibility Verification, on April 28, 2020.
Disclaimer: Changes are rapidly evolving and may not be immediately posted here.
© Jewell Stewart & Pratt PC 2020