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U.S. Citizenship and Immigration Services announced today that it is suspending premium processing requests for all Form I-129 Nonimmigrant Worker and Form I-140 Immigrant Worker petitions until further notice because of COVID-19.
Key points:
BAL Analysis: The suspension of the 15-day expedited processing option will cause significant additional delays to USCIS processing. The announcement did not indicate how long the suspension would last.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The Department of Homeland Security issued a notification imposing temporary travel restrictions on non-essential land travel from Canada and Mexico in furtherance of COVID-19 measures.
BAL Analysis: Individuals traveling across the Canadian border for work are exempt from the restrictions, but should be prepared for additional delays and increased scrutiny. BAL will be closely monitoring how Customs and Border Protection enforces the new restrictions, and will update clients as additional information becomes available.
U.S. Customs and Border Protection announced it will close Trusted Traveler Program enrollment centers nationwide beginning March 19 until at least May 1, to reduce risk of COVID-19 exposure. Enrollment on Arrival remains open.
Additional information: BAL has prepared an FAQ that discusses the implications of the measures that have been taken in response to the outbreak on U.S. immigration law. Read the full FAQ here.
H-1B electronic cap registration closes at noon Eastern Daylight Time (EDT), Friday, March 20. The mandatory process requires that H-1B petitioners submit an online registration through myUSCIS.gov for each prospective H-1B candidate and pay a $10 government registration fee per registration.
Additional information: Companies should be prepared to review and electronically sign the H-1B registrations and the Form G-28 if a law firm is submitting registrations for them. BAL clients may access all the latest updates, FAQs, news, analysis and podcasts on BAL’s H-1B Electronic Registration Resource Center.
According to a notice posted by the State Department Visa Office, the U.S. State Department is suspending all “routine” visa services in most countries as of March 18 because of the COVID-19 pandemic. The notice advises to check the website of the appropriate U.S. embassy or consulate for its current operating status. On March 19, the State Department issued a worldwide level 4 travel advisory.
Background: The State Department has already suspended visa services at numerous consulates around the world, and travelers from 30 countries are currently under entry bans to the U.S.
BAL Analysis: Employers and visa applicants should plan for significant delays as travel becomes increasingly curtailed and as more U.S. consulates suspend visa services.
BAL has prepared an FAQ that discusses the implications of the measures that have been taken in response to the outbreak on U.S. immigration law. Read the full FAQ here.
The United States and Canada have agreed to close the border to nonessential traffic, and U.S. Citizenship and Immigration Services has closed its office to the public and suspended in-person services until at least April 1.
Key Points:
Additional information: The USCIS announcement only applies to in-person services at USCIS field offices, asylum offices, and Application Support Centers, and does not refer to USCIS Service Centers where immigration applications are processed. BAL will continue to monitor the impact of COVID-19 on immigration in the United States and will update clients as new information becomes available.
U.S. Citizenship and Immigration Services announced Tuesday evening that it will close its offices to the public and suspend in-person services until at least April 1.
Additional information: The announcement only applies to in-person services at USCIS field offices, asylum offices, and Application Support Centers, and does not reference USCIS Service Centers where immigration applications are processed. BAL will continue to monitor the impact of COVID-19 on immigration in the United States and will update clients as new information becomes available. USCIS has a COVID-19 webpage where it is posting updates.
U.S. Citizenship and Immigration Services has announced that in April it will only accept employment-based adjustment-of-status applications based on the Application Final Action Dates chart.
The Dates for Filing chart published in the State Department’s April Visa Bulletin will not apply. Employment-based immigrants must follow the Application Final Action Dates chart (below) to determine whether they are eligible to file their adjustment-of-status petitions with USCIS. Only applicants with priority dates earlier than the dates listed in the chart will be permitted to file their applications for adjustment of status in April.
Final Action Dates for Employment-Based Preference Cases:
BAL Analysis: April will mark the first time this fiscal year that USCIS will use Final Action Dates for employment-based adjustment-of-status applications. The Final Action Dates chart is less progressive than the Dates for Filing chart in a number of categories, particularly in EB-1 and EB-3. Family-based immigrants will be permitted to use the Dates for Filing chart applicable to family-sponsored immigrants, which was also published in the April Visa Bulletin.
U.S. Citizenship and Immigration Services has closed offices in the San Francisco Bay Area, and U.S. consulates abroad continue to limit services because of the COVID-19 virus.
Additional information: BAL is continuing to monitor the government’s response to the COVID-19 pandemic. Appointments may be canceled with little or notice and those in need of USCIS or consular services are encouraged to check on potential closures or cancelations office before traveling to their appointment.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP.
U.S. Citizenship and Immigration Services announced today it will suspend premium processing requests for fiscal year 2021 H-1B cap-subject petitions when filing season opens April 1.
BAL Analysis: Petitioners should factor in the suspension in premium processing. Additionally, a USCIS regulation is pending that, once finalized (at the earliest this spring), will lengthen the premium processing window to approximately three weeks instead of the current two. The earliest that premium processing is expected to be available for consular H-1B cap petitions is June 29. Petitioners may therefore anticipate that the earliest they would receive a response on these petitions is late July. Clients may log onto BAL’s dedicated H-1B Electronic Registration Resource Center for the latest news updates, FAQs, analysis and podcasts related to H-1B cap season.