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COVID-19 U.S. Immigration Law Update
USCIS extends office closures to April 7 and Provides Flexibility in Some Cases; Update on ESTA Satisfactory Departure Requests; Travel Bans with Canada and Mexico; Lack of Guidance from DOL
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As COVID-19 continues to change our lives in almost every way, we continue to offer you updates relating to the impact on U.S. immigration laws:
- USCIS Extends Office Closures Until at Least April 7: USCIS announced it has extended the closure of field offices, asylum offices, and Application Support Centers through at least April 7. 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.
- USCIS to Accept Electronic Signatures: While USCIS already accepted electronic signatures for some forms, there are key forms such as the I-129, Petition for Nonimmigrant Worker, and I-140, Immigrant Petition for Alien Workers, which still normally require original "wet" signatures. Due to COVID-19, USCIS clarified it will accept electronically reproduced original signatures that are scanned, faxed, photocopied, or similarly reproduced. The copy must generally be of an original document containing an original handwritten signature.
- ESTA Satisfactory Departure Requests: In Miami, Customs and Border Protection (CBP) is requiring individuals to appear in person to request "satisfactory departure" to extend their stay under the ESTA program by 30 days. In other ports around the country, individuals may e-mail their requests. "Satisfactory departure" permits DHS, in the event of an 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 extensions where the individual's stay in ESTA will expire within 14 days.
- U.S.-Mexico and U.S.-Canada Travel Bans: The United States has entered into joint agreements with Canada and Mexico to ban non-essential travel between the U.S. and those countries. Non-essential is defined as tourism or recreational travel. As per reports this week, CBP continues to admit workers in TN, L, H-1B and other nonimmigrant categories.
- Little Guidance from the Department of Labor: The U.S. Department of Labor has not indicated whether there will be any reprieve for employers and employees who fail to comply with the H-1B prevailing wage and other related requirements during the coronavirus crisis. As a result of layoffs, reductions in salaries and reductions in hours, many employers risk noncompliance with H-1B laws meant to protect U.S. workers, while many employees risk falling out of lawful immigration status. DOL has issued guidance on the posting of LCAs for H-1B workers.
Please feel free to contact us if you have any questions about how COVID-19 will affect your case.
Stay safe!
Sincerely,
The PNR Immigration Group
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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