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COVID-19 U.S. Immigration Law Update
Applicability of SBA Loan Program to E, H, L, O and other Visa Holders; USCIS extends office closures to at least May 3 and clarifies application of Public Charge Rule to recipients of public benefits; Update on ESTA Satisfactory Departure Requests
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Your recent COVID-19 immigration updates:
- SBA Loans For Foreign-Owned Businesses: The SBA has clarified that most foreign-owned businesses will qualify for an SBA loan under the Payroll Protection Program (PPP). This is of particular significance for individuals who hold E or L status, but also may apply to H-1Bs, Os, and other visa categories. Some key considerations for businesses owned by foreign nationals include: (1) management must have operated the business for at least one year at the time of the loan application; (2) management must provide a personal guaranty for the loan; and (3) the borrower must pledge collateral within U.S. jurisdiction that is equal to the loan value.
- USCIS application of Public Charge Rule for Recipients of Public Benefits during Coronavirus Crisis: USCIS has indicated that individuals subject to the new public charge rule can submit statements and supporting documentation explaining the need to accept public benefits during the COVID-19 outbreak and recovery phase. As long as the documentation is relevant and credible, USCIS will take it into consideration in its "totality of the circumstances" public charge analysis.
- USCIS Extends Office Closures Until at Least May 3: USCIS announced it has extended the closure of field offices, asylum offices, and Application Support Centers through at least May 3. As a result, USCIS will not be conducting citizenship ceremonies, citizenship interviews, green card interviews, asylum interviews, or biometrics appointments. USCIS continues to provide limited emergency services.
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ESTA Satisfactory Departure Requests: As of April 3, the Miami Deferred Inspections Office of Customs and Border Protection (CBP) is accepting telephonic requests for "satisfactory departure." The phone numbers for the office are 305-526-2840 and 305-526-2841. "Satisfactory departure" permits DHS, in the event of emergency, to extend by 30 days the stay of individuals visiting the U.S. under the ESTA (i.e. Visa Waiver) program. CBP is processing such extensions where the individual's stay under ESTA will expire within 14 days.
Please feel free to contact us if you have any questions about the impact of COVID-19 on immigration laws, or any other immigration-related questions.
Stay safe!
Sincerely,
The PNR Immigration Group
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Prior COVID-19 Updates
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Attorneys
Paralegals
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Packman, Neuwahl, & Rosenberg
8950 SW 74th Court, Suite 1901
Miami, FL 33156
Tel: (305) 665-3311
jlr@pnrlaw.com
The information in this newsletter is intended solely for informational purposes and does not constitute and should not be relied upon as legal advice.
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