Business Immigration Insights

After suspending all “premium processing” for more than two months during the COVID-19 pandemic, USCIS today announced it will again accept premium fees (currently, $1,440 per form) and requests for expedited adjudication (currently, 15 calendar days) for Forms I-129 (Petition for Nonimmigrant Worker) and I‑140 (Immigrant Petition for Alien Worker).

On March 25, we reported that US Citizenship and Immigration Services had closed all local domestic offices, including asylum offices, field offices, and application support centers, due to COVID-19 contagion risks.  Those closures, while initially short term, have been extended several times and remain in effect as of today.

On May 24, 2020, the White House added Brazil to the list of countries triggering denial of admission to the US if travelers have been physically present in those countries for the preceding 14 days.  The presidential action cited “widespread, ongoing person-to-person transmission of SARS-CoV-2” as the reason for the ban, listing the WHO’s ranking of Brazil with the “third highest number of confirmed cases in the world.”

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.

As of May 1, 2020, when employers verify identity and employment authorization for their employees, they must use the October 21, 2019, edition of Form I-9, Employment Eligibility Verification.

On March 12, we recommended that employers designate authorized representatives to complete and reverify Forms I-9 in person during COVID-19 closures and furloughs.  On March 24, we updated our guidance in detail because, in response to COVID-19, USCIS began allowing employers and employees to complete Forms I-9 remotely.  The agency has now further relaxed I-9 verification requirements.

Since 1990, the United States has granted up to 50,000 green cards each year to immigrants selected through the “Diversity Visa Lottery.”  Recently, the US Department of State announced delays in processing these cases due to COVID-19.  This development further exacerbates challenges caused by COVID-19, including the temporary suspension of visa appointments and USCIS in-person services, which we reported on last month, and the April 22 Executive Order halting immigrant visa admissions for 60 days.  See our analysis of the Order here.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.

Below is a summary of the May Visa Bulletin, including Final Action Dates and changes from the previous month.

China: EB-1 advances five weeks to July 15, 2017; EB-2 moves ahead one month to October 1 2015; and EB-3 advances one month to May 15, 2016

India: EB-1 jumps ahead three months to August 1, 2015; EB-2 continues to creep forward, advancing eight days ...

On the night of Monday, April 20, 2020, the President tweeted that he would “protect” American jobs during the COVID-19 crisis by issuing an Executive Order that would “temporarily suspend immigration.”  After several uncertain days of conflicting information, reported in the media, about how sweeping the scope of the order would be, it turns out to affect a very small subset of intending US immigrants:  those who are outside the United States and will immigrate here by obtaining an immigrant visa.

On April 22, 2020, the White House issued the order, entitled “Proclamation ...

On March 23, 2020, we wrote about the impact of the global pandemic on travel between the United States and neighboring countries, in COVID-19: How Does the Outbreak Affect Travel Between the United States and Mexico or Canada?  We explained that the US, Mexican and Canadian governments had agreed to close their contiguous borders between March 20 and April 20, 2020, and then reassess whether borders should be reopened depending on the progress of the pandemic.