Immigration News May 2020

At a glance

• A new user-friendly e-service will eventually replace the Employment Pass online application system (EP Online) in Singapore.
• The system will be rolled out in phases (new Employment Passes and S Passes on June 11, followed by Dependant’s Pass/Long-Term Visit Pass, Letters of Consent, among other types of applications, at a later date).
• The new tool is expected to go live in full by April 2021.

In immigration news this week:

At a glance

USCIS will accept employment-based adjustment applications in June from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s June Visa Bulletin.

At a glance

• EB-1 China will advance by one month to August 15, 2017, while EB-1 India will advance by more than 10 months to June 8, 2016.
• EB-2 China will advance by one month to November 1, 2015, and EB-2 India will advance by 10 days to June 12, 2009.
• EB-3 Worldwide will advance by just over 10 months, to November 8,  2017, while EB-3 China and EB-3 India will each advance by one month, to June 15, 2016 and April 1, 2009, respectively.
• EB-5 China will advance by two weeks to July 15, 2015, EB-5 India will advance by three months to January 1, 2020, and EB-5 Vietnam will advance by three weeks to April 22, 2017.

At a glance

• CBP border restrictions permitting only essential travel across the U.S.-Mexico and U.S.-Canada borders will be extended through June 22.
• Essential travel includes travel by U.S. citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among others.
• Visa Waiver and other business travelers may face additional scrutiny at the border.
• “Non-essential travel” at land borders is not permitted, which includes travel that is considered tourism or recreational in nature.

In immigration news this week:

At a glance

• Due to the ongoing COVID-19 emergency, U.S. Immigration and Customs Enforcement is extending its remote I-9 document inspection policy for an additional 30 days, through June 18, 2020.
• Eligible employers will not be required to review I-9 identity and employment authorization documents in the employee’s physical presence until the interim policy expires or until 3 days after the COVID-19 emergency is over, whichever comes first.
• The relaxed policy only applies where company employees are working remotely due to the COVID-19 emergency.

At a glance

• The Migration Advisory Committee’s (MAC) public consultation is asking employers and business organisations to share information about medium skilled occupations (Regulated Qualifications Framework Level 3-5) that should be added to the UK Shortage Occupation List.
• This consultation will help the MAC determine which skills are currently in short supply across the UK labour market.
• The consultation will close on June 24, 2020. The report is expected to be published in September 2020.

In immigration news this week:

At a glance

In the second quarter of FY 2020, the rate of requests for evidence remained high for H-1B and L-1 petitions though there was a modest improvement in H-1B and L-1 approval over Q2 of FY 2019.

At a glance

• The Ninth Circuit Court of Appeals has upheld a nationwide preliminary injunction that prohibits the Trump Administration from enforcing a presidential proclamation requiring immigrant visa applicants to demonstrate that they would have unsubsidized health insurance within 30 days of entry to the United States or sufficient funds to cover reasonably foreseeable medical expenses.
• The injunction will remain in place while a federal district court lawsuit against the proclamation continues.
• The Trump Administration is expected to appeal the Ninth Circuit ruling.

At a glance

• Due to the ongoing COVID-19 emergency, USCIS is extending its 60-day deadline extension policy to July 1, 2020.
• Petitioners and applicants will have an additional 60 days to respond to requests for evidence, notices of intent to deny or revoke, and notices of intent to terminate EB-5 regional investment centers dated between March 1 and July 1, 2020.
• Employers and foreign nationals will also have 60, rather than 30, days to file any appeal or motion to reopen a USCIS decision that was issued between March 1 and July 1.

In immigration news this week:

At a glance

• 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.

At a glance

• The State Department has delayed the date Diversity Visa Lottery entrants can learn whether they have been chosen in the lottery to June 6, from the original date of May 5.
• Lottery entrants may check the State Department’s official Diversity Visa Lottery website to learn whether they have been selected only upon the opening of the Entrant Status Check section of the site.
• The State Department does not send direct notification to lottery winners.

At a glance

• All EB-1 countries except for China and India will become current in May. EB-1 China will advance by five weeks to July 15, 2017, while EB-1 India will advance by three months to August 1, 2015.
• EB-2 China will advance by one month to October 1, 2015, and EB-2 India will advance by one week to June 2, 2009.
• EB-3 Worldwide will remain retrogressed at January 1, 2017, while EB-3 China will advance by one month to May 15, 2016 and EB-3 India will advance by just over five weeks to March 1, 2009.
• EB-5 China will advance by more than six weeks to July 1, 2015, EB-5 India will advance by nine months to October 1, 2019 and EB-5 Vietnam will advance by seven weeks to April 1, 2017.
• USCIS will accept employment-based adjustment applications in May from foreign nationals with a priority date that is earlier than the Final Action Dates in the May Visa Bulletin.

At a glance

• As part of its COVID-19 response, USCIS will extend its suspension of in-person interviews and biometrics appointments at local offices until at least June 3.
• Foreign nationals with green card interviews, naturalization interviews/ceremonies or biometrics appointments scheduled during the closure will continue to receive notices that their appointments have been cancelled. The appointments will be automatically rescheduled.

In immigration news this week:

At a glance

• 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.
• H-1B, L-1 and other nonimmigrant worker programs are not immediately affected, but the proclamation directs DHS and DOL to make a study of the impact of temporary foreign workers on U.S. workers. The results of the study could prompt future restrictions on these nonimmigrant programs.

At a glance

• In a tweet late Monday, the President said he would sign an executive order temporarily suspending U.S. immigration in order to combat the COVID-19 pandemic and protect U.S. jobs.
• As of Tuesday morning, no details of the scope, timing, or duration of the suspension had been provided.

At a glance

• Visa Waiver travelers who have already been granted a period of satisfactory departure may apply to either USCIS or CBP for an additional 30-day period if they remain unable to depart the United States due to COVID-19.
• Satisfactory departure requests can now be made at any CBP port of entry or deferred inspection site nationwide, according to CBP headquarters.
• Grants of satisfactory departure are discretionary, and must be supported by evidence of inability to depart the United States.

At a glance

• In a press briefing this evening, President Trump announced a forthcoming executive order that is to suspend green card issuance for 60 days, with possible exceptions.
• It is not yet known whether the order will affect applications for adjustment of status for green card seekers in the United States, immigrant visa issuance at U.S. consulates abroad, or both.
• According to some reports, H-1B, L-1 and other nonimmigrant worker programs would not be immediately affected, though future restrictions to these programs cannot be ruled out.

At a glance

• CBP border travel restrictions permitting only essential travel across the U.S.-Mexico and U.S.-Canada borders will be extended through May 20.
• Essential travel includes travel by U.S. citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among others.
• Visa Waiver and other business travelers may face additional scrutiny at the border.
• “Non-essential travel” at land borders is not permitted, which includes travel that is considered tourism or recreational in nature.

In immigration news this week:

At a glance

• Data entry and receipt notice issuance for FY 2021 H-1B cap petitions will be delayed until at least May 1, according to USCIS.
• Delay in adjudication of H-1B cap petitions are also expected; the agency has not offered a projected completion timeframe.
• The agency has no plans to provide an extension of the H-1B filing timeframe, which currently ends June 30, 2020.

At a glance

• Nonimmigrants who are unable to depart the United States due to the COVID emergency may seek a change or extension of status using standard immigration procedures.
• USCIS is not offering special relief to nonimmigrants affected by the emergency, but those who are unable to apply for an extension before their current period of admission expires may seek discretionary relief under current rules. Such applications are generally subject to a high degree of scrutiny.

At a Glance

• The European Commission has recommended that EU countries extend their COVID-19-related temporary entry bans until May 15, 2020, and that they maintain exemptions for residents (irrespective of their nationality) and essential travel.
• To enter into force, the European Commission’s recommendations must be implemented by each EU country in their national rules. EU countries are expected to decide whether and how to apply this extension over the coming weeks.
• For up-to-date global information on COVID-19-related travel bans, restrictions and concessions, among other information, check Fragomen’s dedicated website.

In immigration news this week:

At a glance　

• As part of the UK government’s stimulus package for those affected by COVID-19, the government confirmed provisions that would allow Tier 2 and 5 workers to be furloughed. Under the stimulus provisions, the employer may claim up to 80% of the sponsored worker’s normal salary up to a maximum of GBP 2,500 per​​ month to cover ongoing salary costs.
• The government also confirmed that Tier 1 Entrepreneurs (who must create jobs for settled workers as part of their qualification for permanent residence in the United Kingdom)​​​ can make use of the stimulus plan to furlough their workers, but will not gain credit for job creation for these periods. The Home Office has advised that affected Tier 1 Entrepreneurs will later be able to extend their visas, to give them time to meet the job creation requirement.

In immigration news this week:

At a Glance

• The Japan Immigration Services Agency has expanded the online visa application system for eligible companies in Japan to apply for Certificate(s) of Eligibility, Change of Status of Residence, Acquisition of Status for Dependents, and Certificates of Authorized Employment.
• Online applications are available for the following visa types: business managers; intracompany transferees; engineer/specialist in humanities/international services; highly-skilled professional; and skilled labour and dependents of these visa holders.
• This should reduce waiting times at the immigration office and should also lessen administrative burdens for employers, who would need to send their designated employee or immigration lawyer to the service center to file applications.

At a Glance

• Effective April 1, 2020, the minimum monthly salary for foreign workers in Latvia has increased 7.1 percent from 2019.
• Employers must adjust the salaries of current foreign workers and those with pending or new applications, if required.

At a glance

• As part of its COVID-19 response, USCIS will extend its suspension of in-person interviews and biometrics appointments at local offices until at least May 3.
• Foreign nationals with green card interviews, naturalization interviews or naturalization ceremonies scheduled for the coming weeks will continue to receive notices that their appointments are cancelled. Appointments will need to be rescheduled after USCIS local offices resume operations.
• Foreign nationals with biometrics appointments at USCIS Application Support Centers will receive cancellation notices. Their appointments will be automatically rescheduled, with exceptions.

At a glance

• Employers submitted H-1B cap registrations for nearly 275,000 beneficiaries this year, a 37% increase over the FY 2020 filing season. Approximately 126,500 beneficiaries hold U.S. advanced degrees.
• The overall chance of selection for FY 2021 H-1B cap employment is approximately 31%.
• USCIS will today begin to accept H-1B cap petitions on behalf of selected beneficiaries.  The filing period will be open for at least 90 days.

The European Commission has made the following key recommendations to European Union countries concerning the Schengen travel ban issued in light of COVID-19:

• Visa-exempt nationals who overstay their 90 days of allowable stay in a 180-day period should be able to apply for a long-term national visa or temporary national residence permit in their country of stay.
• Visa nationals who overstay their Schengen visa duration should be able to apply for a 90-day extension. Upon expiry of this extension, visa holders should be able to apply for a long-term national visa or temporary national residence permit in their country of stay.
• Authorities should remind visa holders that they must justify their purpose of travel, which typically must be deemed essential, when seeking entry.
• EU countries are urged to waive sanctions or penalties related to overstays and to be lenient with current overstays when assessing future visa or residence applications.

At a glance

• Individuals will have an additional year to obtain U.S. state driver’s licenses or identification cards that comply with the REAL ID Act security standards.
• Airlines and federal agencies will continue to accept non-REAL ID compliant driver’s licenses and identification cards for domestic air travel and admission to federal facilities until October 1, 2021.

At a glance

• In light of the COVID emergency, petitioners and applicants will have an additional 60 days to respond to notices of intent to revoke and notices of intent to terminate EB-5 regional investment centers dated between March 1 and May 1, 2020, USCIS has announced. Employers and foreign nationals will also have 60, rather than 30, days to file any appeal or motion to reopen a USCIS decision that was issued between March 1 and May 1.
• Where a foreign national is seeking an extension of their Employment Authorization Document, USCIS will use previously submitted biometrics to process the application, given the temporary closure of USCIS Application Support Centers that normally collect biometrics.
• To date, USCIS has not made any accommodations for foreign nationals with expiring periods of stay or employment authorization documents; as such, applications for extensions and renewals must be timely filed.

At a Glance

• Effective March 30, 2020, employers in the United Kingdom can complete a right to work check through video call without having the employee’s original documentation, as part of relaxed right to work check requirements implemented while the United Kingdom’s COVID-19 measures are in place.
• Once the United Kingdom’s COVID-19 measures end, the previous requirements will resume with prior notice from the Home Office.
• Please access Fragomen’s dedicated page for COVID-19 updates for more information on other restrictions and concessions offered in the United Kingdom and other countries.

At a glance

• Petitioners and applicants will have an additional 60 days to respond to requests for evidence and notices of intent to deny issued between March 1 and May 1, 2020, USCIS has announced.
• The agency has not made any accommodations for foreign nationals with expiring periods of stay or employment authorization documents; as such, applications for extensions and renewals must be filed timely.

At a glance

• The annual quota of 85,000 new H-1B cap registrations was exceeded in the initial registration period for employment in FY 2021.
• USCIS has completed the regular and advanced-degree selection lotteries, and intends to notify employers of selection results by March 31. Employers will need to log into their H-1B cap registration accounts to learn which beneficiaries were selected. Some accounts have already been updated with lottery results.

In immigration news this week:

At a glance

• As part of its COVID-19 response, USCIS will extend its suspension of in-person interviews and biometrics appointments at local offices until at least April 7.
• Foreign nationals with green card interviews, naturalization interviews or naturalization ceremonies scheduled for the coming weeks will continue to receive notices that their appointments are cancelled. Appointments will be rescheduled after USCIS local offices resume operations.
• Foreign nationals with biometrics appointments at USCIS Application Support Centers will receive cancellation notices. Their appointments will be automatically rescheduled.

At a Glance

• Due to the Covid-19 pandemic, the UK government announced that foreign nationals holding visas that expire between January 24, 2020 and May 31, 2020 and who are currently unable to return to their home country due to travel restrictions or self-isolation will be able to extend their visas to May 31, 2020.
• Employers should consider whether to utilise the new extension policy or extend their employees’ visas through normal processes if their employee will remain in the United Kingdom after May 30, 2020.

At a glance

• Under new CBP border travel restrictions, only essential travel is permitted across the U.S.-Mexico and U.S.-Canada borders, which includes travel by U.S. citizens, lawful permanent residents, foreign nationals traveling to work in the United States, and those using the Visa Waiver Program (VWP) for business travel, among others.
• VWP and other business travelers could face additional scrutiny at the border.
• “Non-essential travel” at land borders is not permitted, which includes travel that is considered tourism or recreational in nature.
• The bar on non-essential land border travel will remain in effect until at least April 20.

At a glance

• E-Verify is not relaxing the three-day deadline for initiating an E-Verify case. Participating employers are still required to create E-Verify cases for their new hires within three business dates from the date of hire as indicated on the employee’s I-9 form.
• Where an E-Verify query is delayed due to the COVID-19 crisis, employers are instructed to write in “COVID-19” as the basis for the delay in the system.
• E-Verify is extending the timeframe for affected employees to resolve Tentative Nonconfirmation responses.
• Employers may not take adverse action against an employee whose E-Verify case is in interim status.

At a glance

• The H-1B cap registration period for FY 2021 closed today at noon EDT. No further registrations are being accepted.
• In the coming days, USCIS is expected to conduct lotteries to select enough registrations to meet the FY 2021 quota of 85,000.
• USCIS has said that it expects to notify employers of lottery results by March 31.
• The agency will begin to accept H-1B cap petitions on behalf of selected beneficiaries for 90 days, beginning April 1.

At a glance

• USCIS will not accept requests for premium processing on I-129 and I-140 petitions, effective today March 20, 2020.
• The agency states that the suspension of 15-day premium processing services is necessary due to the COVID-19 crisis; USCIS will notify the public when premium processing resumes.
• Today’s announcement applies to FY 2021 H-1B cap filings and supersedes the agency’s earlier announced plan to implement H-1B cap premium processing in two phases.

At a glance

• Where an employee is working remotely because of the COVID-19 emergency, the employer may inspect the employee’s identity and employment authorization documents virtually using remote technology when completing Section 2 of Form I-9, or when completing Section 3 for I-9 reverifications.
• When normal operations resume, employers will need to physically inspect documents for any employee whose original documents were not physically examined by the Section 2 or Section 3 signer.
• The interim COVID-19 measures may not be used where some employees are physically present at the work location.

At a glance

• U.S. President Donald Trump and Mexican Foreign Secretary Marcelo Ebrard announced today that the United States-Mexico border will close to non-essential travel by agreement between the two countries in response to the COVID-19 outbreak.
• The move follows a similar announcement from U.S. and Canadian leaders earlier this week about restrictions for travel across the northern border.
• “Non-essential travel” is defined by DHS as travel that is considered tourism or recreational in nature, including gambling and attending cultural events.
• U.S. citizens, lawful permanent residents, business travelers, and those with valid U.S. travel documents are exempt from the border restrictions. However, it is possible business travelers could face additional scrutiny at the border while the new policy is being rolled-out.
• The bar on non-essential travel becomes effective March 21 and will remain in effect for at least 30 days.

At a glance

• Employers have until May 12, 2020 to respond to DOL inquiries with deadlines falling between March 13, 2020 and May 12, 2020.
• Where an H-1B, H-1B1 or E-3 worker changes work locations in the same area of intended employment, employers will have up to 30 days from the move to post the Notice of Filing.
• The 180 window for PERM recruitment and Notices of Filing will be extended by 60 days, provided that recruitment began between September 15, 2019 and March 13, 2020, and the PERM filing occurs by May 12, 2020.