In almost every state, companies have instituted temporary work from home policies—or have been instructed by government authorities to institute such policies—in response to the coronavirus (COVID-19), in an effort to “flatten the curve” and stop the spread of the virus. In so doing, companies that regularly employ H-1B and E-3 visa holders may need … Continue Reading
On March 27, 2020 and March 30, 2020, USCIS announced limited help to employers facing requests for evidence (RFE) and notices of intent to deny (NOID) during the Coronavirus (COVID-19) pandemic. The announcement will permit employers who receive an RFE, NOID, Notice of Intent to Revoke (NOIR), Notice of Intent to Terminate (NOIT), or appealable … Continue Reading
The United States is now under a national emergency due to the COVID-19 epidemic. While USCIS remains open and is accepting all mail at the time of writing, it has canceled all in-person appointments, including interviews, biometrics and InfoPass appointments, through April 7, 2020. All appointments will be automatically rescheduled by USCIS when possible. While all … Continue Reading
Update: USCIS Closure extends until at least April 7. With the spread of COVID-19 and the attempt to prevent its spread, in addition to the travel bans in place by the President, U.S. government agencies are starting to shut down. Furthermore, other countries are starting to follow suit and shut its borders in an attempt … Continue Reading
The Department of Homeland Security (DHS) has issued revised guidance on I-9 compliance in light of employer office closures around the country due to COVID-19. DHS announced that it will exercise its discretion to defer the physical presence requirement associated with completing Form I-9, where the employee must present physical documents to be examined by the … Continue Reading
The Department of Labor (DOL) has issued guidance regarding several immigration processes in light of employer office closures around the country due to COVID-19. Many of these issues include extending posting dates and filing deadlines. The DOL notes that it intends to remain fully operational, as its employees have teleworking capabilities, and that applications will continue to … Continue Reading
Effective March 20, 2020, USCIS will temporarily suspend premium processing for all I-129 petitions and I-140 petitions due to COVID-19. For petitions filed prior to March 20, 2020, USCIS will process the petition accordingly, but if no action has been taken within the 15-day window, USCIS will refund the premium processing fee. In addition, USCIS will … Continue Reading
Due to COVID-19, USCIS will accept benefit forms and documents without an original, wet signature for submissions dated after March 21, 2020, but with no announced end date. This means the document can be scanned, faxed, or photocopied from an original signature. USCIS notes that the documents with the original signatures must be retained if USCIS … Continue Reading
The USCIS website has links to its various field offices where biometrics and interviews take place around the country. The website has now been updated to include a link that designates USCIS Office Closings. This is helpful when there are last minute closures and a rescheduling notice has not been sent in time: See USCIS … Continue Reading
Effective Monday, March 16, 2020, 11:59 p.m. EST, the U.S. will extend the same travel restrictions to the U.K. and Ireland as are already in effect for other European countries, China and Iran. The Department of Homeland Security also issued a Fact Sheet outlining the return process for persons affected by the March 11 presidential … Continue Reading
Coronavirus Disease 2019 (COVID-19) has just been declared a pandemic by the World Health Organization, and is spreading throughout the United States and beyond. As a result, some businesses, public organizations, and even some countries are going on lockdown over health concerns. Some businesses are hiring employees remotely and asking employees to work from home. As part of … Continue Reading
The Public Charge Inadmissibility Final Rule was issued in August 2019 and was to go into effect October 2019, when a preliminary injunction with national scope was granted that prevented the Department of Homeland Security from implementing the rule. On Jan. 27, 2020, the Supreme Court stayed the national injunction, and DHS may now implement the … Continue Reading
The Trump Administration has publicly announced that on 5 p.m. eastern time Sunday, February 2, 2020, it will deny entry to all foreign nationals who have been in China within the last 14 days (since January 19, 2020). This ban does not apply to the following individuals: (1) Lawful permanent residents (Green Card holders); (2) … Continue Reading
On Jan. 29, 2020, USCIS announced that it would be making a significant change to the processing of I-526 Petitions, commonly referred to as EB-5 Petitions. USCIS previously had a policy to adjudicate EB-5 Petitions on a “first-in, first-out” basis. This meant that USCIS was to review and decide EB-5 Petitions based solely on the date the … Continue Reading
As of Jan. 23, 2020, U.S. Citizenship and Immigration Services (USCIS) will no longer accept requests for changes to E-1 or E-2 status or extensions of E-1 or E-2 status from Iranian nationals and their dependents (see USCIS notice concerning termination of eligibility). This change applies to Iranian nationals who are already in the United … Continue Reading
The United States Citizenship and Immigration Service (USCIS) processing times for Employment Authorization Document (EAD) applications continue to increase despite already being at record highs. EADs are relied upon by many categories of foreign nationals to allow them to work lawfully in the United States. The processing times vary by USCIS Service Center, in addition … Continue Reading
A number of changes to U.S. immigration law occurred in 2019. As we look ahead into the new year, we continue to see new and proposed changes to U.S. immigration policy. This webinar will discuss significant developments from 2019 as well as a summary of potential changes to the U.S. business immigration system in 2020. Wednesday, January … Continue Reading
On Jan. 9, 2020, USCIS posted a Notice in the Federal Register announcing the implementation of the H-1B registration process for H-1B cap-subject petitions. USCIS notes: The initial H-1B petition registration period will begin on March 1, 2020. Starting on that date, USCIS will require H-1B cap-subject petitioners, including those eligible for the advanced degree … Continue Reading
On Dec. 20, 2019, President Trump signed H.R. 1865, an eight-bill appropriations bill that extends the vital EB-5 program until Sept. 30, 2020, among other things. The president also signed H.R. 1158, a four-bill appropriations package that deals mainly with national security issues. Upon his signature, these actions fund and maintain the operation of government … Continue Reading
On Dec. 16, Congressional leaders negotiated and debuted a $1.37 trillion spending package to fund the operational needs of the country and extend vital programs such as EB-5. The massive spending package is in two packages with Division 1-Extensions, Title 1, Immigration Extensions calling for the EB-5 extension: 17 SEC. 104. Section 610(b) of the … Continue Reading
The U.S. Citizenship and Immigration Service (USCIS), after publishing the final rule for a new H-1B lottery process in January 2019 has announced that the testing period is now over for the registration process in relation to the H-1B lottery and implementation will go into effect for the fiscal year 2021 H-1B cap. See the USCIS … Continue Reading
Twice a year, the Office of Management and Budget, in concert with the General Services Administration and its own Office of Information and Regulatory Affairs, publish the Unified Regulatory Agenda (Unified Agenda). The Unified Agenda is a transparency program that publishes federal agency rulemakings in process. It is not a process set in concrete but … Continue Reading
The Department of State (DOS) has implemented revised visa stamp reciprocity for L-1, L-2 and E-1/ E-2 visa holders. Now, the maximum validity date of an L-1 or L-2 visa of a French national will be seventeen (17) months. The previous validity period was five (5) years. The new validity period for E-1 and E-2 … Continue Reading
The EB-5 Regional Center Program was set to expire on Nov. 21, 2019. On Nov. 18, Congress introduced a Continuing Resolution (CR) to fund the government and extend vital programs such as EB-5 through Dec. 20, 2019. Leaders hope to use the additional time to extend current operations and complete fiscal matters and other priorities before … Continue Reading
