EU countries are starting to relax internal border restrictions and are implementing more health and entry
requirements to control the spread of COVID-19.
Many countries are now working toward restoring free movement within the European Union, though some
countries are limiting entry on their territory to essential workers and others are opening their doors to
entry for non-essential workers under certain conditions (such as for those holding proof of employment,
cross-border workers, etc.)
Notably, France now allows all EU posted workers to enter, which is a significant step toward opening of French borders.
For more details visit
U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129 Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers in phases over the next month.
Effective June 8, USCIS will accept premium processing requests for:
H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt (for example, petitions
filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted toward the
numerical allocations).
All other Form I-129 petitions (non H-1B petitions) for nonimmigrant classifications eligible for premium
processing filed before June 8 that are pending adjudication.
Effective June 15, USCIS plans on resuming premium processing for:
H-1B petitions requesting premium processing by filing an I-907 concurrently with their I-129 (or request for
a petition filed on or after June 8) and are exempt from the cap because:
The employer is cap-exempt or because the beneficiary will be employed at a qualifying cap-exempt
institution, entity or organization (such as an institution of higher education, a nonprofit research
organization or a governmental research organization); or
The beneficiary is cap-exempt based on a Conrad/IGA waiver under INA section 214(l).
Effective June 22, USCIS plans on resuming premium processing for all other Form I-129 petitions, including:
All H-1B cap-subject petitions (including those for fiscal year 2021), including change of status from F-1
nonimmigrant status, for both premium processing upgrades and concurrently filed I-907s.
All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing and
requesting premium processing by filing an I-907 concurrently with their I-129.
All dates are subject to change as USCIS continues to take on more premium processing requests and USCIS will announce any changes to these dates accordingly.
On March 20, USCIS announced the temporary suspension of premium processing for all Form I-129 and I- 140 petitions due to the coronavirus (COVID-19). USCIS continues to process any petition with a previously accepted Form I-907, in accordance with the premium processing service criteria. Petitioners who had already filed Form I-129 or Form I-140 using the premium processing service before the March 20 suspension, but received no action and a refund, may refile their Form I-907 consistent with the timeline above, barring any changes USCIS may announce in the future.
In the United Kingdom, the government published a list of 19 visa application centres which will reopen starting June 1, 2020 (Bangkok, Beijing, Berlin, Brisbane, Canberra, Chongqing, Dusseldorf, Suva, Guangzhou, Hong Kong, Kuala Lumpur, Melbourne, Minsk, Munich, Perth, Shanghai, Sydney, Taipei, Kiev). This is the first phase and only once there is assurance that the services can be operated safely and effectively will more centres be considered for re-opening. Priority and super priority services will not be offered at this stage. Certain application centres in the United Kingdom are also re-opening on a phased approach starting June 1, 2020, including the core service points in London, Manchester and Birmingham.
Effective June 1, 2020, all registered long-term visa holders (except A-1, A-2, A-3 and F-4 visa holders) who
seek to depart and return to South Korea will need to obtain a re-entry permit and submit a consent form for
medical examination (diagnosis report) before departing South Korea. The government will cancel the visa
and alien registration of long-term visa holders who depart South Korea without obtaining the re-entry
permit.
Pursuant to the above consent form, they must also obtain a diagnosis report issued no earlier than 48 hours
from the date of departure to South Korea from a medical institution in the country the traveler is visiting
and present it prior to boarding the return flight bound for South Korea and upon re-entry at airport
immigration in South Korea. Long-term visa holders who fail to present the above diagnosis report will be
prohibited from re-entry into South Korea.
The proclamation prohibits Chinese nationals from using F or J nonimmigrant visas to enter the
United States to engage in graduate study or research if they have been associated with entities that
support the Chinese government’s military-civil fusion (MCF) strategy. The suspension takes effect at
12:00 pm EDT on June 1.
Chinese nationals entering the United States for undergraduate study are exempted from the ban, as
are U.S. lawful permanent residents and the spouses of U.S. citizens and permanent residents,
among others. The proclamation also exempts those studying or researching in fields not deemed to
advance China’s MCF strategy.
The Departments of State and Homeland Security are expected to issue details on implementation of
the proclamation.
For more details visit
U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non- emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person services at its field offices, asylum offices and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is following the Centers for Disease Control and Prevention’s guidelines to protect our workforce and the public. For the latest information on the status of individual offices, check our office closures page.
While certain offices are temporarily closed, USCIS continues to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.
As services begin to reopen, offices will reduce the number of appointments and interviews to ensure social
distancing, allow time for cleaning and reduce waiting room occupancy. Appointment notices will contain
information on safety precautions that visitors to USCIS facilities must follow.
If you are feeling sick, please do not go to your appointment. Follow the instructions on your appointment
notice to reschedule your appointment for when you are healthy. There is no penalty for rescheduling your
appointment if you are sick.
USCIS asylum offices will automatically reschedule asylum interviews that were cancelled during the
temporary closures. When USCIS reschedules the interview, asylum applicants will receive a new interview
notice with the new time, date and location for the interview and information about safety precautions.
In accordance with social distancing guidelines, and due to the length of asylum interviews, asylum offices
expect to conduct video-facilitated asylum interviews, where the applicants sit in one room and the
interviewing officer sits in another room. Asylum offices will use available technology, including mobile
devices provided by the agency, to ensure that the officer, applicant, interpreter and representative can fully
and safely participate in the interview while maintaining social distancing.
For affirmative asylum interviews, applicants must bring all immediate family members listed as dependents
on the application and an interpreter, if the applicant does not speak English. Additionally, a representative,
witness, individual providing disability accommodations or “trusted adult” if an applicant is a minor, may
attend the interview.
For non-detained credible or reasonable fear interviews, individuals must bring any family members listed on
the interview notice. Representatives may attend credible and reasonable fear interviews but are
encouraged to participate telephonically. USCIS will provide contracted, professional interpreters for
credible and reasonable fear interviews.
USCIS will send notices to applicants to reschedule postponed naturalization ceremonies. The ceremonies may be shorter to limit exposure to those in attendance. Instead of playing videos during naturalization ceremonies, attendees will receive a flyer with information and links directing them to the videos on the USCIS website. Under the shortened format, all legally required portions of the ceremony will take place. Attendance is limited to the naturalization candidate and individuals providing assistance to disabled persons.
USCIS will send notices to applicants and petitioners with previously scheduled appointments and
interviews. Those attending appointments should follow the safety guidelines outlined below.
Those who had other appointments must reschedule through the USCIS Contact Center once field offices are
open to the public. Please check our office closure page to see if your respective office has been reopened
before calling the Contact Center.
Visitors are limited to the applicant, one representative, one family member and one individual providing
disability accommodations. The applicant should arrange to have their interpreter available by phone.
USCIS will automatically reschedule any necessary ASC appointments that were cancelled due to the temporary office closure. Individuals will receive a new appointment letter in the mail with specific safety requirements. Individuals who appear at a date or time other than what is listed on the ASC appointment notice may encounter significant processing delays, except for military members.
More information on visiting USCIS facilities can be found at uscis.gov/visitorpolicy .
In the coming days, USCIS is expected to announce on its own a Visa Bulletin web page the cutoff dates for acceptance of adjustment of status applications next month. That announcement will clarify whether USCIS will accept adjustment applications based on the Final Action dates chart, as it did last month, or on the Dates for Filing Chart.
WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. On March 19, 2020, due to precautions implemented by employers and employees associated with COVID-19, the Department of Homeland Security (DHS) announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act. This provision, as explained in the guidance below, was implemented for 60 days and was set to expire May 19. Due to the continued precautions related to COVID-19, DHS has extended this policy for an additional 30 days.
Employers who were served notices of inspection (NOIs) by ICE during the month of March 2020 and had not already responded were granted an automatic extension for 60 days from the effective date. ICE will grant an additional extension of 30 days to these employers.
The original guidance including eligibility requirements can be found here.
Going forward DHS will continue to monitor the ongoing national emergency and provide updated guidance as needed. Employers are required to monitor the DHS and ICE websites for additional updates regarding when the extensions will be terminated, and normal operations will resume.
USCIS transferred some of the following cases from the Vermont Service Center to the Nebraska Service Center and from the California Service Center to the Texas Service Center: Form I-129, Petition for a Nonimmigrant Worker, for H-1B cap-subject petitioners requesting H-1B nonimmigrant classification for FY 2021 (regular cap and advanced degree exemption)
USCIS transferred some of the following cases from the California Service Center to the Vermont Service Center:
- Form I-129, Petition for a Nonimmigrant Worker, for petitioners seeking O and P nonimmigrant classification
Please visit our Workload Transfer Updates page for more information.
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30 to assist applicants and petitioners who are responding to certain:
- Requests for Evidence;
- Continuations to Request Evidence (N-14);
- Notices of Intent to Deny;
- Notices of Intent to Revoke;
- Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and
- Filing date requirements for Form I-290B, Notice of Appeal or Motion.
This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1 and July 1, 2020, inclusive.
USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking action. USCIS will consider a Form I-290B received up to 60 calendar days from the date of the decision before it takes any action. USCIS is adopting several measures to protect our workforce and community and to minimize the immigration consequences for those seeking immigration benefits during this time.
On April 27, 2020, USCIS released an updated Handbook for Employers: Guidance for Completing Form I-9 (M-274). These updates are effective immediately. The April 27 revision contains several changes, including new guidance on how to verify employment eligibility when temporary employment authorization is extended automatically and new documents for foreign students in the “cap gap” before a change of status to H-1B.
The new handbook also contains several clarifications of existing policy guidance, including Form I-9 completion by authorized representatives in a remote work environment. For more details please do visit : https://lnkd.in/dFSDQPz.
For summary of changes please visit https://lnkd.in/dswRsm5
On March 18, U.S. Citizenship and Immigration Services temporarily suspended routine in-person services to help slow the spread of coronavirus (COVID-19). USCIS plans to begin reopening our offices on or after June 4, unless the public closures are extended further. USCIS staff are continuing to perform duties that do not involve face-to-face contact with the public. However, USCIS will provide emergency services for limited situations. To schedule an emergency appointment, contact the USCIS Contact Center.
USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Please visit the USCIS Response to COVID-19 webpage for more information.
USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. For more details visit : https://lnkd.in/d9Zm_nn.
President Trump has signed a proclamation suspending the entry of certain immigrants for 60 days, with exceptions for current U.S lawful permanent residents, holders of valid immigrant visas and similar U.S. travel documents, the spouses and minor children of U.S. citizens, and EB-5 immigrants, among others. The order takes effect at 11:59pm EDT on April 23, 2020. The order does not affect the filing or processing of applications for adjustment of status in the United States and H-1B, L-1 and other nonimmigrant worker programs are not immediately affected. For more details visit : https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/
The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. We continue to carefully analyze these issues and to leverage our resources to effectively address these challenges within our existing authorities. DHS also continues to take action to protect the American people and our communities, and is considering a number of policies and procedures to improve the employment opportunities of U.S. workers during this pandemic.
Generally, nonimmigrants must depart the United States before their authorized period of admission expires. However, we recognize that nonimmigrants may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19. For more details visit :https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings
Petitioners should expect a delay in data entry and receipt notice generation for fiscal year 2021 H-1B cap-subject petitions until at least May 1, 2020, due to the impacts of the coronavirus (COVID-19).
Existing Department of Labor (DOL) policy allows H-1B employers to provide electronic notices of Labor Condition Application (LCA) filing rather than physically post notices at the applicable worksite. This reminder is especially critical as many employees are working from home due to the coronavirus (COVID-19) pandemic.US Citizenship and Immigration Services (USCIS) recently announced that it had completed the FY 2021 H-1B cap selection process. Employers are now required to file H-1B cap petitions for “selected” registrations, which begins with filing an LCA with the DOL. In the absence of a bargaining representative, the hard-copy notice of LCA filing is typically posted at the actual place of employment (including the end-client’s worksite) for at least 10 days. However, due to the COVID-19 crisis, many worksites are closed with employees working from home.
If it is not practical to physically post at the actual place of employment, then employers can post the notice of LCA filing electronically so that all affected workers can view the notice for their worksite. Acceptable electronic posting locations include the employer’s public website, newsletter, intranet, or email. Employers must notify affected workers of the electronic notice in one of the following ways:
U.S. Citizenship and Immigration Services today announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration.
A petitioner is only eligible to file an FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process and USCIS selected the registration submitted for the beneficiary through the random selection process.
The H-1B electronic registration process was well-received by users, who provided a high satisfaction score with the system. Nearly 275,000 unique registrations were submitted during the initial registration period. Roughly 46% of all registrations were for prospective beneficiaries with U.S. advanced degrees. There were more than 40,000 registration accounts created, and nearly 81% of submitted registrations were for potential beneficiaries from India (67.7%) and China (13.2%). Prior to the launch of the electronic registration system, USCIS conducted robust public outreach to ensure users were equipped to effectively use the new system. For more details visit :
Read moreU.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities regarding the agency’s ability to reuse previously submitted biometrics.
Applicants who had an appointment scheduled with an ASC on or after the March 18 closure or has filed an I-765 extension will have their application processed using previously submitted biometrics. This will remain in effect until ASCs are open for appointments to the public.
On March 18, U.S. Citizenship and Immigration Services temporarily suspended routine in-person services to help slow the spread of Coronavirus 2019 (COVID-19). USCIS plans to re-open our offices on April 7, unless the public closures are extended further. USCIS staff are continuing to perform duties that do not involve contact with the public. However, USCIS will provide emergency services for limited situations. To schedule an emergency appointment, contact the USCIS Contact Center. For more details visit : www.uscis.gov
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.
USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). We 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. For more details visit: Visit link
UK Visa nationals who cannot return home due to the COVID-19 pandemic will be able to extend their visa. The extension, announced today (24 March) by the Home Secretary Priti Patel, will apply to anyone whose leave expired after the 24 January and who cannot leave the country because of travel restrictions or self-isolation. This will last until 31 May but will be kept under regular review in case further extensions are needed. For more details visit : https://www.gov.uk/government/news/visas-extended-for-those-currently-unable-to-return-home-due-to-covid-19.
Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced today that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA).
Read MoreEffective today, March 20, 2020, USCIS will not accept any new requests for premium processing. USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria. However, we will not be able to send notices using pre-paid envelopes.
Read MoreThe United Kingdom government has announced that, effective October 2020, the Immigration Health Surcharge (IHS) will increase from £400 to £624 per year.
The measure, part of the government’s Budget 2020 policy paper, also increases the discounted rate for students, their dependents and those on the Youth Mobility Scheme from £300 to £470 per year. The surcharge will also be set at £470 for all children under the age of 18.
From 1 January 2021, the IHS will also apply to new temporary migrants from the European Economic Area (EEA).
Introduced at £200 in 2015, and doubled in 2019, the IHS is currently payable by those from outside the EEA coming to the UK to work, study or join family for six months or longer.
Applies to all types of visa bar holders of diplomatic passports
The U.S. Consulate has also reacted cancelling all existing visas until April 15th. The cancellation does not yet apply to employment-based visas. However, employment visas may be impacted in the near future. Thus, all B1/B2 visas are suspended. We also recommend you carefully consider whether to send individuals to India for employment-based visa stamping given the potential for employment visas to be suspended in the future.
All existing visas, except diplomatic, official, U.N. or International Organizations, employment, and project visas are suspended until April 15, 2020. This will be in effect starting 12:00 GMT on March 13, 2020 at all ports of entry.
https://lnkd.in/d7P_g2J
The Indian Ministry of Health and Family Welfare issued a complete stoppage of visa issuance and OCI travel to India through April 15, 2020. The notice can be found at: https://lnkd.in/dnDQbvW I bring this to your attention because we are already seeing an impact on even nonimmigrant visa holders in the U.S. The Indian Embassy is completely unable to issue a visa at this time. Therefore, if a U.S. citizen family member needs to travel with an Indian citizen, the non-Indian will be unable to procure a visa to travel. This has already impacted non-immigrant clients with U.S. citizen family members who are now unable to depart the U.S. This will have the most impact on Indian citizens with U.S. citizen children. If the Indian citizen wishes or needs to travel abroad with their USC child, the child will not be able to obtain a visa for that travel.