COVID-19 has affected nearly all areas of immigration, including the speed at which the United States Citizenship and Immigration Services (“USCIS”) is able to produce the Employment Authorization Document (“EAD card”). Thousands of foreign nationals must typically have the EAD card “in hand” to begin or continue lawful employment. In a settlement reached last month (Subramanya v. USCIS, 7/22/20), up to 75,000 foreign employees may find relief from the delayed card production.
USCIS has historically printed and mailed EADs within 48 hours of approval; however, in ...
The Student Exchange Visitor Program (SEVP) announced July 6, 2020 that the flexibility granted to nonimmigrant students in F-1 or M-1 status to continue their studies online due to the COVID-19 crisis will be modified for the fall 2020 semester. Federal regulations normally allow students to take one class or three credit hours online per full course load with limited exceptions. When schools had to close in the spring and/or summer terms to comply with state or local regulations, SEVP provided guidance in March on how to proceed with online or alternative learning procedures for ...
The White House recently issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. The original Proclamation provided the suspension and limitation on entry would apply to foreign nationals attempting to enter the United States on (1) an H-1B or H-2B visa; (2) a J-1 visa if participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program; and (3) and L-1 visa (both managerial/executive and specialized knowledge). On June 29, 2020, the administration issued a second ...
On June 22, 2020, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. Just two months earlier, on April 22, 2020, the administration temporarily suspended the entry of most foreign nationals seeking to enter the United States as Lawful Permanent Residents (also known as Green Card holders). The articulated reason for both directives is to protect U.S. workers from job competition during the economic recovery related to the COVID-19 pandemic.
Who is Restricted?
The Executive Order ...
On May 29, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced the phased resumption of Premium Processing. Premium Processing allows employers to obtain expedited decisions on certain immigration filings by paying an additional $1,440.00 fee. Because USCIS can take months to process petitions, Premium Processing is heavily utilized by many employers to avoid delays in employing specialized foreign national workers. USCIS suspended Premium Processing in March 2020 due to the COVID-19 pandemic.
Effective June 1, 2020, USCIS began accepting Premium ...
On May 24, 2020, President Trump issued a proclamation restricting travel from Brazil, which now has the second-highest number of confirmed coronavirus cases after the United States. The restrictions mirror those already in effect for China, Iran, UK, Ireland, and Europe’s Schengen Area (which includes 26 European countries).
Specifically, the order restricts and suspends the entry into the United States for individuals “who were physically present within the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United ...
The COVID-19 crisis has strained the field of medicine in the United States more than any other time in the last 100 years. In an effort to provide some relief for nurses and doctors, legislators recently proposed The Healthcare Workforce Resilience Act on April 30, 2020. The Act seeks to recapture up to 40,000 (15,000 for doctors and 25,000 nurses) unused green card numbers from the prior fiscal year and make them available to nurses (25,000) and doctors (15,000). Families of the medical workers would be included and would not count against the 40,000 allotment. Importantly, green ...
On April 22, 2020, President Trump signed an Executive Order restricting immigration to the United States with the stated intent of protecting U.S. citizens from job competition and preserving medical resources as the economy aims to reopen following the COVID-19 crisis. The President initially indicated an intent to suspend all immigration, but the final Executive Order was much more limited.
Effective April 23, the order temporarily suspends the entry of those seeking to enter the United States as new Lawful Permanent Residents (more commonly known as Green Card holders) for 60 ...
There are many COVID-19 challenges facing employers in the current environment, including how to properly handle H-1B employees working from home or another remote work location. There are special notice and posting obligations associated with H-1B sponsorship, and an employer must comply with these obligations when the employee’s work location changes and/or expands.
When an H-1B employee's remote work location falls within a normal commuting distance from their primary work location, a new Labor Condition Application (LCA) and amended H-1B petition are not generally ...
On March 20, 2020, the DHS announced that it is temporarily relaxing some of the employer requirements for completing Employment Eligibility Verification Form I-9 (“Form I-9”) as a result of the COVID-19 pandemic.
Prior to the DHS’s announcement on Friday, all employers completing the Form I-9 process for new employees were required to physically examine the original work authorization and identification documents that employees presented upon hire. Additionally, the employee had to be physically present with the document examiner. Physical examination of the ...