Updated 8/19/2020
Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.
H-1B Cap:
On August 14, 2020, USCIS ran a second lottery on existing H-1B cap registrations. The filing period for the newly selected registrations will be from August 17 to November 16, 2020.
Visa Ban:
As detailed in our frequently updated blog post, Presidential Proclamations 10014 and 10052 affect the issuance of new H, L, and certain J visas. Anyone who is in the United States in valid status is not affected assuming they do not depart the U.S. Note that a “visa” is the travel document/sticker affixed in a passport, and is different from “status” or an I-797 petition.
The June 22 expansion of the original visa ban also extended the initial ban of consular processing immigrant visa cases, with certain exceptions.
PERM, I-140, Adjustment of Status (I-485) and related in-country “green card” filings are unaffected. Most employment-based green card interviews are now being waived.
F-1 & M-1 Students:
On July 6, 2020, the administration announced that F-1 and M-1 students would not be able to maintain status if their universities were only operating solely online for the fall semester. On July 14, 2020, the administration agreed to withdraw the proposed rule entirely; however, first-time (initial) student visa applicants may still be affected. For a more detailed update please see our blog post here.
Closure of Land Ports of Entry (Canada & Mexico):
U.S. Customs & Border Protection has extended the land border closure (with exceptions for essential travel) until at least September 21, 2020.
COVID Travel Ban for Europe, China, Iran, Brazil:
Arrival restrictions for persons present in Europe (Schengen, U.K., Ireland), China, Iran, or Brazil (“COVID travel ban”) are continuing until cancelled or modified. Certain national interest exemptions are available for the Europe ban, including for business travelers and students. Students currently in Europe who already hold valid F-1 or M-1 visas and current I-20s do not need to apply for permission to travel. Otherwise, interested travelers must initiate an exception request with their nearest Embassy or Consulate or CBP.
Proclamation / COVID Travel Ban: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-novel-coronavirus/
Guidance on exceptions: https://travel.state.gov/content/travel/en/News/visas-news/national-interest-exceptions-from-certain-travelers-from-the-schengen-area-uk-and-ireland.html
New York Residents Now Eligible for CBP Trusted Traveler Programs:
On July 23, 2020, DHS announced that New York state residents would again be eligible to use CBP’s Trusted Traveler Programs such as Global Entry. These programs had been unavailable to New York residents since February 2020.
Phased Embassy Re-Opening:
Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be limited or suspended. On July 14, 2020, the Department of State announced a phased resumption of routine visa services. Some Embassies are showing appointment availability, and emergency appointments are available on a case-by-case basis at some Embassies, for non-banned categories, emergencies, and assistance with COVID bans.
USCIS Re-Opening & Potential Furloughs:
On June 4, 2020, USCIS Field Offices started a phased re-opening process. As mentioned, most employment-based adjustment of status interviews are being waived. Naturalization interviews are being prioritized. 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 USCIS office has also indicated that the oath may be administered at the conclusion of a naturalization interview and/or same-day, where possible. As interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants.
Application Support Centers (for biometrics) are slowly re-reopening and appointments are (also slowly) being rescheduled via mailed notices.
USCIS Service Center operations continue as usual, which means that regular filings are still being accepted. Premium Processing Service or “PPS” has been restored for most previously-accepted application types, and scanned signatures continue to be accepted for filings.
That said, USCIS has issued furlough notices to thousands of its employees to take effect at the end of August 2020 unless/until it secures additional government funding. Note that USCIS is meant to be fee-funded. It is not clear how benefits adjudications and processing times will be affected or if PPS will be suspended again.
USCIS is also reportedly scaling back its printing operations / contracts because of the agency’s financial crisis. This is causing a delay of printing secure cards such as permanent resident cards (“green cards”) and employment authorization documents (“work permits”).
U.S. Passport Agency:
On August 3, 2020, the U.S. Passport Agency announced a phased re-opening. At this time, passport issuances for “life and death” emergencies are being prioritized.
https://travel.state.gov/content/travel/en/passports.html
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.
On August 19, 2020, DHS issued a temporary policy allowing for I-797s for EADs which were issued between December 31, 2019 and August 20, 2020, to be considered List C documents until December 1, 2020. This is helpful for persons who have approved EADs but have not received them because of card production delays mentioned above. The I-797 does not work as a List A document (as an EAD would) but instead would need to be presented along with a List B document of the employee’s choosing.
EAD I-797s announcement: https://www.uscis.gov/i-9-central/form-i-9-verification-during-ead-production-delays-due-to-covid-19
I-9 FAQ: https://www.uscis.gov/i-9-central/temporary-policies-related-covid-19
DHS’s I-9 manual, M-274, Handbook for Employers: Guidance for Completing Form I-9, was updated on April 28, 2020.
Reminder: Changes are rapidly evolving and may not be immediately posted here.
© Jewell Stewart & Pratt PC 2020
