Immigration Updates in Response to COVID-19
In response to the significant challenges related to the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) and the Department of State (DOS) have recently implemented temporary operational changes and immigration-related measures. Below are some of the important updates impacting U.S. employers and their foreign national workers.
Suspension of Routine Visa Services by the DOS
The DOS is temporarily suspending routine, non-emergency visa services at all U.S. embassies and consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments. The DOS says it will resume routine visa services as soon as possible, but it is unable to provide a specific date at this time. The DOS reminds visa applicants that although all routine immigrant and nonimmigrant visa appointments are cancelled, the Machine Readable Visa (MRV) fee is valid and may be used for a visa appointment in the country where it was purchased within one year of the date of payment. Applicants with an urgent matter who need to travel immediately should follow the guidance provided at the particular embassy’s website to request an emergency appointment.
Suspension of Routine In-Person Services by USCIS
USCIS has suspended in-person services at its field officers, asylum offices and Application Support Centers (ASCs). Affected services include, but are not limited to, immigration interviews and biometric appointments. This suspension of services will remain in effect until at least April 7. USCIS says its staff will continue to perform duties that do not involve contact with the public.
Flexibility in Requirements for I-9 Compliance
As a result of the COVID-19 global pandemic and national emergency, employers are increasingly requiring employees to work from home to accomplish necessary social distancing to limit the spread of the virus. On March 20, DHS announced flexibility in requirements for I-9 compliance during the COVID-19 global pandemic allowing remote verification of I-9 documents.
Suspension of Premium Processing for All I-129 and I-140 Petitions
On March 20, USCIS announced the immediate and temporary suspension of premium processing for all I-129 and I-140 petitions. This temporary suspension includes petitions filed for the following categories: I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2; I-140: EB-1, EB-2 and EB-3. USCIS says it will process any previously accepted requests in accordance with the premium processing services criteria. While premium processing is suspended, a petitioner may submit a request to expedite a petition if it meets certain criteria. If and when service is resumed, petitioners will most likely be permitted to convert a pending matter to premium processing.
Flexibility in Submitting Required Signatures to USCIS
USCIS now accepts all petition/application forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and later. For forms that require an original “wet” signature, USCIS now accepts electronically reproduced original signatures. This means that a document may be scanned, faxed, photocopied or similarly reproduced, provided that the copy is of an original document containing an original handwritten signature. E-signatures remain invalid for forms requiring an original “wet” signature.
If you need any guidance or support regarding issues discussed above, please feel free to reach out to our immigration practice group.
This alert was written by Sufen Zhang and Zachary Haugen, lawyers in the Labor, Employment, Benefits & Immigration practice group at Miles & Stockbridge.
Any opinions expressed and any legal positions asserted in the article are those of the author(s) and do not necessarily reflect the opinions or positions of Miles & Stockbridge P.C. or its other lawyers. This article is for general information purposes and is not intended to be and should not be taken as legal advice on any particular matter. It is not intended to and does not create any attorney-client relationship. Because legal advice must vary with individual circumstances, do not act or refrain from acting on the basis of this article without consulting professional legal counsel. If you would like additional information on the subject matter of this article, please feel free to contact any of the lawyers listed above. If you communicate with us, whether through email or other means, your communication does not establish an attorney-client relationship with either Miles & Stockbridge P.C. or any of the firm's lawyers. At Miles & Stockbridge P.C., an attorney-client relationship can be formed only by personal contact with an individual lawyer, not by email, and requires our agreement to act as your legal counsel together with your execution of a written engagement agreement with Miles & Stockbridge P.C.
