Recognizing that current travel restrictions and the closure of consulates and embassies abroad has made it nearly impossible to bring new H-2A workers to the United States, the Department of Homeland Security (DHS) is expected to release a rule in the Federal Register on April 20 to address this problem. The unpublished draft of the
COVID-19
Legislators Urge Extension of Work Authorizations
On the same day that the Department of Homeland Security (DHS) recapitulated its usual policies and procedures for dealing with delays in processing extensions and changes of status due to COVID-19, 100 Democrats in the House of Representatives joined the Congressional Hispanic Caucus to urge the Trump Administration to automatically extend work authorization for…
Delays in H-1B Processing, Suspension of Premium Processing, Closures Caused by COVID-19 Pandemic
COVID-19 has created a multitude of unprecedented challenges for visa applicants, employers, and the government employees that process visa petitions and applications.
Employers face daily challenges balancing long-term strategies to maintain a complete workforce with short-term strategies to manage payroll and cash flow. While the government has issued certain temporary solutions to provide flexibility with…
State Department Tightens Standards for L Visa Transfers
International companies rely on L visas to transfer managers, executives, and specialized knowledge employees to the United States. But the Department of State is changing the standards it uses to adjudicate those visas, making transfers more difficult.
L-1 visas are available to a company with a parent/subsidiary, affiliate, or branch office overseas that wishes to…
DHS: Extra H-2B Visas on Hold Because of High Unemployment Due to COVID-19
Extra H-2B visas have been put “on hold” and would not be released “until further notice,” the Department of Homeland Security (DHS) has announced.
Shortfalls of H-2B visas have been a perennial problem. Used for temporary, seasonal, non-agricultural workers, these visas are relied on heavily by the tourist, hospitality, landscaping, and constructions industries. The statutory…
Filings for H-1B Visas Up 25% from Previous Year
Between March 1 and March 20, 2020, 275,000 individuals were entered into USCIS’ new electronic pre-registration system to obtain an H-1B for the 2020-2021 fiscal year. This is a nearly 25% increase over last year’s filings.
While it is hard to judge what led to the apparent increase in demand, the change may be a…
USCIS Announces Temporary Relief for EAD Applicants
In the first bit of relief for individuals waiting for their I-765, Applications for Employment Authorization to be adjudicated and Employment Authorization Documents (EADs) to be issued, USCIS announced that it will start reusing previously submitted biometrics to process I-765 renewal requests, for now.
This is a temporary accommodation until the Application Support Centers (ASC)…
DHS, CDC: New Travel Restrictions for Southern, Northern Borders
DHS and CDC have announced a new travel restriction at the Southern and Northern borders due to the coronavirus (COVID-19) outbreak. According to the announcement, DHS will do what it can (including repatriation flights) to prevent the introduction of “affected individuals” into “congregate settings” at land ports of entries (POEs) or Border Patrol Stations…
Temporary E-Verify Policies Announced for Delays Due to COVID-19
E-Verify has modified its policies temporarily due to COVID-19 as follows:
- Employers must still create cases in E-Verify within three business days from the date of hire.
- Employers should use the hire date from the employee’s Form I-9 Employment Eligibility Verification.
- Delays in E-Verify case creations are documented in the usual way by selecting
…
USCIS Announces Expanded Premium Processing Suspension, Acceptance of Non-Original Signatures
Due to COVID-19, USCIS announced that as of March 20, 2020, it is immediately suspending premium processing service for all Form I-129 and I-140 petitions until further notice. USCIS also said that petitioners that have already filed a form requesting premium processing will receive refunds if their cases are not acted on within the 15…