Immigration News
Jewell Stewart Pratt Beckerson & Carr PC
Like many of you, we are waiting for information about the new/expanded ban that Trump tweeted about on Monday evening. The New York Times is reporting on Tuesday afternoon that it will involve a 60-day pause on permanent residency (green card) applications and that work visas will not be affected. We will post when we know more.
NYT reporting: https://www.nytimes.com/2020/04/21/us/politics/coronavirus-trump-immigration-ban.html
U.S. Citizenship and Immigration Services (USCIS) announced on March 27, 2020 that it has received a sufficient number of H-1B petitions to reach the statutory H-1B visa “cap” for fiscal year (FY) 2021.
The USCIS announcement states “[w]e randomly selected from among the registrations properly submitted. We intend to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
Submitted: A registration status may continue to show “Submitted” after the initial selection process has been completed. “Submitted” registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected, or Denied.
Selected: Selected to file an FY 2021 H-1B cap-subject petition.
Denied: A duplicate registration was submitted by the same registrant for the same beneficiary, or a payment method was declined and not reconciled. If denied as a duplicate registration, all registrations you submitted for this beneficiary for the fiscal year are invalid.
Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2021, and only for the beneficiary in the applicable selected registration notice.”
USCIS has not announced when the paper filings will be due. Those details will be printed on the paper selection notices that USCIS will mail out, and will not display in the online account.
© Jewell Stewart & Pratt PC 2020
Updated March 23, 2020:
On March 20, 2020, USCIS announced that Premium Processing Service is temporarily suspended for all I-129 and I-140 petitions, not just for H-1B cap cases. Cases that were already filed and accepted with Premium Processing Service will be processed “in accordance with the premium processing service criteria.”
Original post from March 17, 2020:
On March 16, 2020, USCIS announced that its Premium Processing Service (PPS) has been suspended for H-1B petitions that are subject to the annual cap. Until PPS resumes for these petitions, USCIS will reject any Form I-907 (PPS request) concurrently filed with a cap-subject H-1B.
USCIS’ announcement states that the agency will resume PPS for H-1B petitions requesting a change of status no later than May 27, 2020, and will notify the public in advance of the resumption. The agency also announced that it will resume PPS for all other cap-subject H-1B petitions no earlier than June 29, 2020. On those dates, petitioners can submit Form I-907 to request PPS.
PPS remains available for all other H-1B petitions. More information will be posted here as it becomes available.
© Jewell Stewart & Pratt PC 2020
Updated April 21, 2020
The Visa Waiver Program (VWP) enables eligible citizens or nationals of certain countries to travel to the United States for tourism or business for stays of up to 90 days without obtaining a physical visitor visa. Citizens and nationals of VWP countries must obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States under the VWP.
The American Immigration Lawyers Association (AILA) advised on March 14, 2020 that certain ESTA registrations were being revoked by the Department of Homeland Security (DHS). This was part of a planned U.S. government action to prevent travelers outside of the United States who are barred under the COVID-19 travel bans from attempting to travel to the United States. These revocations are without prejudice and those travelers will be able to apply for ESTA in the future.
VWP travelers are typically granted a stay of 90 days from the date of their U.S. entry. There are adverse legal consequences to remaining in the United States after that stay expires (commonly known as “overstaying”). However, travel restrictions put in place around the world in response to the COVID-19 pandemic may make overstaying impossible to avoid. A pre-existing federal regulation at 8 CFR § 217.3 provides relief known as “satisfactory departure.” The regulation provides that if an emergency prevents a VWP visitor from departing the United States within their period of authorized stay, the U.S. Citizenship & Immigration Services (USCIS) office with jurisdiction over the place of the visitor’s U.S. location may grant a period of “satisfactory departure” not to exceed 30 days—and if departure is accomplished during that period, the traveler is not regarded as having overstayed.
On April 13, 2020, USCIS announced that “satisfactory departure” may be requested from USCIS by contacting the USCIS Contact Center. The Contact Center will collect information from the requestor, including an image of their passport biographic page, and forward the request to the USCIS field office closest to the requestor, which will then process the request. Per the regulations, USCIS may grant a period of satisfactory departure for up to 30 days. USCIS also stated that it may grant an additional 30-day period of satisfactory departure to VWP visitors already granted satisfactory departure who are unable to depart within the initial 30-day period due to COVID-19 related issues. Therefore, at this time, VWP visitors may seek up to 60-days of relief, presumably requiring two 30-day requests, by contacting the USCIS Contact Center.
Similarly, on April 17, 2020, U.S. Customs and Border Protection (CBP) issued guidance to all ports of entry and deferred inspection sites regarding the process for VWP visitors to apply for satisfactory departure. Therefore, it appears that VWP visitors may apply for satisfactory departure with either USCIS or CBP.
© Jewell Stewart & Pratt PC 2020
May 11, 2020 Update: Please note, the Europe Travel Ban is in effect until terminated by the President.
March 14, 2020 Update:
On March 14, 2020, Vice President Pence announced that the U.K. and Ireland will be added to the Europe Travel Ban starting Monday, March 16, presumably at 11:59 PM ET. As with the current ban flights that take off before the ban takes effect should be exempt.
Original post, updated March 13, 2020:
On March 11, 2020, President Trump issued a Presidential Proclamation (https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/) announcing that all travel will be suspended "from Europe" for 30 days starting at 11:59 PM ET this Friday, March 13th, with the U.K. and Ireland as exceptions. The Proclamation suspends the entry of most foreign nationals who have been physically present in certain European countries at any point during the 14 days prior to their scheduled arrival to the United States.
The European countries, generally referred to as the Schengen Area, include: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. The Proclamation does not apply to U.S. lawful permanent residents (i.e., green card holders), immediate family members (generally speaking) of U.S. citizens, and "other individuals" who are identified in the proclamation, namely related to law enforcement, national interest, diplomats and military personnel.
Persons on U.S.-bound flights that depart prior to 11:59 PM EDT on Friday, March 13, are also excepted.
On March 13, 2020 the Department of Homeland Security issued a notice of arrival restrictions (https://www.dhs.gov/news/2020/03/13/department-homeland-security-outlines-new-process-americans-returning-certain) describing arrivals procedures for travelers who are exempt from the ban, namely U.S. citizens, Lawful Permanent Residents, and other persons named in the Proclamation.
© Jewell Stewart & Pratt PC 2020
Please see our updated post here: https://www.jspvisa.com/blog/2020/4/24/covid-19-related-us-travel-restrictions-amp-government-closures
Updated April 3, 2020
U.S. Department of State Global Level 4 Health Advisory:
Issued March 19, 2020: “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. “
Canada: The U.S.-Canada border is closed to non-essential travel for at least 30 days starting March 20, 2020. Certain exceptions for work-related travel may apply.
Mexico: The U.S.-Mexico border is closed to non-essential travel for at least 30 days starting the weekend of March 21-22, 2020.
Europe: Presidential Proclamation Banning Travel from Europe (Schengen Area, including U.K. and Ireland) for 30 Days.
https://www.jspvisa.com/blog/2020/3/11/travel-to-be-banned-from-europe-for-30-days
China: Presidential Proclamation on Suspension of Entry issued January 31, 2020
Iran: Presidential Proclamation Suspension of Entry issued February 29, 2020
Italy: U.S. Embassy Rome Health Alert and enhanced screening measures for boarding U.S.-bound flights issued March 4, 2020 https://it.usembassy.gov/health-alert-u-s-embassy-rome-italy-march-4-2020/; U.S. Embassies and Consulates have reduced staffing, so only emergency services will be available: https://it.usembassy.gov/covid-19-information/
South Korea: U.S. Embassy Seoul Health Alert and enhanced screening measures for boarding U.S.-bound flights issued March 3, 2020 https://kr.usembassy.gov/022420-covid-19-information/
U.S. Embassy Visa Appointment Wait Times: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html (note that as of March 18, 2020, routine visa services are suspended worldwide)
Status of Visa Services at U.S. Embassies and Consulates: On March 18, 2020, the U.S. State Department announced the following:
“Department of State is suspending routine visa services in most countries worldwide. Embassies and consulates in these countries will cancel all routine immigrant and nonimmigrant visa appointments as of March 18, 2020. These embassies and consulates will resume routine visa services as soon as possible, but we are unable to provide a specific date at this time. Check the website of the embassy or consulate for its current operating status: usembassy.gov
Services to U.S. citizens will continue at U.S. embassies and consulates overseas, but the availability of these services may be limited. Check the website of an individual embassy or consulate to determine their operating status and find emergency contact information”.
Check individual Embassy websites for information: https://www.usembassy.gov/
Country-Specific Information as Reported by U.S. Embassies Worldwide: https://travel.state.gov/content/travel/en/traveladvisories/COVID-19-Country-Specific-Information.html
Visa Waiver Program / ESTA: Effect on Visa Waiver Program travelers of government action related to COVID-19 pandemic https://www.jspvisa.com/blog/2020/3/15/effect-on-visa-waiver-program-travelers-of-government-action-related-to-covid-19-pandemic
F-1 and J-1 visa holders: Collection of U.S. government guidance for students, schools, and exchange visitors: https://www.nafsa.org/regulatory-information/coronavirus-critical-resources
Employers of H-1B & E-3 visa holders and office closures: Seek legal advice for how to maintain LCA compliance.
https://www.foreignlaborcert.doleta.gov/pdf/DOL-OFLC_COVID-19_FAQs_Round%201_03.20.2020.pdf
I-9 Compliance: Seek legal advice for how to conduct I-9 onboarding when offices are closed.
https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance
Status of USCIS Appointments, including interviews, biometrics appointments at Application Support Centers, and naturalization oath ceremonies:
On March 17, 2020, USCIS announced the following:
“Effective March 18, U.S. Citizenship and Immigration Services is suspending in-person services at its field offices, asylum offices and Application Support Centers (ASCs) to help slow the spread of Coronavirus Disease 2019 (COVID-19). This suspension of services will be effective until at least April 1. In the meantime, USCIS will provide limited emergency services.”
https://www.uscis.gov/news/alerts/uscis-temporarily-closing-offices-public-march-18-april-1
On April 1, 2020, USCIS announced that the temporary closure of local offices (thus affecting in-person interviews, biometrics, and naturalization oath ceremonies, is extended until at least May 3, 2020.
USCIS Appointment Rescheduling Resources: (N/A as of the USCIS office closure - USCIS will automatically reschedule appointments when it re-opens its local offices.)
Suspension of USCIS Premium Process Service:
As of March 23, 2020, PPS is suspended for all I-140 and I-1-129 petitions not already pending with USCIS.
USCIS Accepting Scanned Signatures:
USCIS is temporarily accepting scans of original signatures on applications and petitions; signers must retain the originally signed document in case of audit.
U.S. Passport Offices:
On March 19, 2020, the U.S. Department of State announced the following:
“Due to public health measures to limit the spread of COVID-19, effective March 20, 2020, we are only able to offer service for customers with a qualified life-or-death emergency and who need a passport for immediate international travel within 72 hours.”
https://travel.state.gov/content/travel/en/passports.html/
Disclaimer: Changes are rapidly evolving and may not be immediately posted here.
© Jewell Stewart & Pratt PC 2020
As previously posted, on Monday, January 27, 2020, the U.S. Supreme Court granted the administration’s request for a stay of the nationwide injunction against the administration’s public charge rule, which cleared a path for the Department of Homeland Security (“DHS”) to implement the public charge rule within the United States starting on February 24, 2020.
The new rule drastically changes the standard by which a foreign national is determined to be “likely at any time to become a public charge” (and consequently inadmissible to the U.S.), and affects not only family-based but also employment-based filings.
As described in a prior post, on May 10, 2018, USCIS announced a policy memorandum titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants” (“memo” or “unlawful presence memo”). This memo was finalized on August 9, 2018. As background, F, J, and M nonimmigrant visas are for international students, scholars, and participants in international educational/cultural exchange programs (including interns and trainees). In brief, the memorandum would have changed the start of accrual of “unlawful presence” for F, J, and M nonimmigrants from the day after DHS made a formal finding that the individual violated their nonimmigrant status to the day after the individual engaged in an unauthorized activity. Unlawful presence often has serious, irreversible consequences such as bars to re-entry to the United States. This memo essentially undid years of law and policy that allow for notice and due process before a bar is applied.
The memo has been the subject of litigation, and on February 6, 2020, in the case of Guilford College et al. v. Chad Wolf, U.S. Department of Homeland Security et al., No. 1:18CV891 (M.D. N.C. Feb. 6, 2020), the U.S. District Court for the Middle District of North Carolina granted the Plaintiff’s motion for partial summary judgment and issued a permanent, nationwide injunction enjoining USCIS from enforcing the memo
As discussed in prior posts, USCIS is taking steps to implement an electronic registration system for use in the upcoming H-1B cap lottery for government fiscal year 2021. More details were released this week in a USCIS webinar for “Registrants”—that is, the companies and organizations seeking to submit an H-1B petition.
In the webinar USCIS stated that Registrants will be able to set up accounts on February 24, one week before the registration window of March 1-20 opens. The agency confirmed that should the electronic system fail, it would require petitioners to submit full petitions as in past cap seasons; related filing deadlines will be announced later, should they become necessary.
On January 31, 2020, the Trump administration expanded the current Travel Ban (commonly referred to as “Travel Ban 3.0”), which has been deemed lawful by the U.S. Supreme Court, to include additional countries. As with prior versions of Travel Ban 3.0, the expansion suspends entry by preventing visa issuance to citizens and nationals of the listed countries. As the ban is a visa issuance restriction and not an entry restriction, nationals from the affected countries who already hold visas may continue to use those visas.
