United States: COVID 19 Immigration Update (June 8, 2020)

With the spread of the Coronavirus subsiding or at least holding steady in the U.S., many government agencies that are involved with U.S. immigration case processing are beginning to resume services. At the same time, some agencies have experienced processing issues as a result of fewer people working at government facilities.  In addition, President Trump has issued a couple of proclamations suspending the entry of certain foreign nationals into the U.S.  Here is an update on where various agencies stand with respect to immigration case processing as of early June 2020, due to the COVID-19 pandemic:

• District Offices Reopening:  On June 4, 2020, local U.S. Citizenship and Immigration Services (USCIS) field offices across the U.S. reopened for non-emergency in-person services such as interviews and oath ceremonies.

• InfoMod Appointments:  USCIS is continuing to schedule local InfoMod appointments only for issues where there is an emergency need. The public should contact the USCIS Contact Center at 1-800-375-5283 to make an InfoMod appointment. 
• USCIS District Office Reopening Webinar:  USCIS is hosting a webinar on Thursday, June 18, 2020 from 3:00 p.m. EST to 4:00 p.m. EST, which will provide an overview of reopening procedures for district offices, application support centers, and asylum offices. If you have any questions about the webinar or would like to register for the webinar, please send an e-mail message to the following address:  public.engagement@uscis.dhs.gov.
• USCIS Vermont Service Center (VSC) Delays in Issuance of Receipt Notices:  There are reports of delays at the USCIS' VSC with respect to the issuance of receipt notices.  There has been no explanation, but it is assumed that with more officers working remotely because of the COVID-19 pandemic, delays have resulted with respect to receipt notice issuance.

• USCIS Resumes Premium Processing Services:  USCIS will resume premium processing for Form I-129 (Petition for a Nonimmigrant Worker) and Form I-140 (Immigrant Petition for Alien Worker) petitions in the month of June 2020 on a gradual or phased-in basis, as follows: On June 8, 2020, USCIS will accept premium processing requests for H-1B petitions filed before June 8, 2020 that are pending adjudication and are cap exempt, as well as all other Form I-129 petitions (non-H-1B petitions) for nonimmigrant classifications eligible for premium processing filed before June 8, 2020.  On June 15, 2020, USCIS plans to resume premium processing for H-1B petitions filed on or after June 8, 2020 that are cap exempt, based on the employer being cap exempt, or because the beneficiary will be employed at a qualifying cap-exempt institution, or because the beneficiary is cap exempt based on a Conrad 30 Waiver or Interested Government Agency (IGA) waiver under the Immigration and Nationality Act. On June 22, 2020, USCIS plans to resume premium processing for all other Form I-29 petitions, including all H-1B cap-subject petitions.  This would include those H-1B cap-subject petitions for Fiscal Year 2021, requesting a change of status from F-1 nonimmigrant status.  In addition, all other Form I-129 petitions for nonimmigrant classification, eligible for premium processing service, will resume on this date.  

• U.S. Department of Labor (DOL) Released Round Four of Frequently Asked Questions Regarding COVID-19 Pandemic:  DOL has rescinded and replaced Question #3 of the COVID-19 Round 1 FAQs published on March 20, 2020.  In the COVID-19 Round 1 FAQs, Question #3 provided additional time for employers to file an ETA Form 9089 beyond 180 days from the start of the placement of recruitment, provided the recruitment began on or after September 15, 2019 and the ETA Form 9089 was filed by May 12, 2020.  Going forward, DOL will no longer accept recruitment completed after the 180-day regulatory deadline has passed.   In addition, DOL has indicated that its National Prevailing Wage Center will not approve any requests to extend the validity date of a prevailing wage determination.

• E-Certified ETA Form 9089s are still acceptable for Form I-140 Petition Filings through at least June 30, 2020:  USCIS has indicated that when filing a Form I-140 petition, "No" should be marked on Question 10, Page 3 of the Form I-140 regarding whether the petitioner is requesting a duplicate labor certification from the DOL.  DOL has indicated that e-certified ETA Form 9089s issued by the DOL between March 25, 2020 and June 30, 2020 will satisfy the requirement that the petitioner provide evidence of an original certified ETA Form 9089.  USCIS has confirmed that photocopied signatures on the e-certified ETA Form 9089 are acceptable to USCIS.

• National Visa Center Communications:  The U.S. Department of State's National Visa Center (NVC) has indicated that as of June 1, 2020, NVC is responding to messages received on or before May 23, 2020.  NVC has indicated that all messages received on March 27, 2020 or before should have received a response.  NVC has indicated that only critical case updates and urgent medical or humanitarian issues should be submitted at this time, because of reduced staffing levels at the NVC due to the COVID-19 pandemic.

• U.S. Northern and Southern Land Border to Remain Closed to all but Essential Travel until June 22, 2020:  The U.S. Customs and Border Protection (CBP) has extended the closure of the land border at ports of entry to all but essential travel until June 22, 2020.  While non-essential travel includes sightseeing in the U.S., recreational activities, gambling, or attending cultural events, there are reports of foreign nationals being denied admission when claiming the travel to the U.S. is essential for employment.  Foreign nationals should contact the CBP office at the port of entry prior to traveling to the U.S. to confirm the travel meets the criteria for essential travel to the U.S. U.S. citizens and U.S. Green Card holders, as well as certain other individuals, still have the ability to enter the U.S. at the northern and southern land borders.

• Presidential Proclamation Suspending Entry into the U.S. Certain Individuals Traveling from Brazil:  On May 25, 2020, President Trump issued a proclamation restricting the entry of certain immigrants and nonimmigrants to the U.S. who were physically present in Brazil for 14-days preceding entry or attempted entry into the U.S. This decision is based on data collected from the World Health Organization (WHO) that reflects Brazil is currently undergoing a widespread transmission of COVID-19.  The restriction does not apply to U.S. Green Card holders, U.S. citizens, spouses of U.S. citizens or Green Card holders, as well as certain other foreign nationals.

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