President Trump's Announcement on Suspending Immigration to the United States

UPDATE APRIL 23, 2020: President Trump signed a proclamation on suspending entry of immigrants to the US for 60 days.

President Trump announced late Monday night in a tweet that he plans to temporarily “suspend immigration” to the United States, a move he said is needed to protect American jobs and prevent the further spread of coronavirus (COVID-19), which he called “the Invisible Enemy.” White House officials reported that they are drafting an executive order that Trump could sign as early as today. At this time, it is unclear what exactly such an executive order would accomplish. Last month, the State Department canceled most routine immigrant and nonimmigrant visa appointments at US Embassies/Consulates abroad, effectively shutting down nearly all kinds of new travel to the US for nonimmigrants and immigrants. The US has also already enacted restrictions on international travel from Europe, China, and other countries affected by COVID-19, and has placed strict controls at the country’s land borders.

The State Department also stopped all processing for refugee resettlement, while citizenship ceremonies have been suspended as well as in-person services by US Citizenship & Immigration Services (USCIS). It is unclear if the order will simply extend these policies already in effect or if it will go further to suspend Green Card and visa petitions filed by employers.  Once the order is issued, we would expect to have a clearer idea of what to expect. We will publish additional updates on the executive order as soon as we receive them.   

UPDATE APRIL 22, 2020:  Yesterday, President Trump provided some additional details about his proposed immigration ban. He indicated that foreign nationals would not be able to file immigrant visa applications for sixty days. Those with nonimmigrant visas (like O-1, H-1B, TN, E-3, P-1, J-1, F-1, etc.) would not be affected by the restrictions. Since the president has not signed the final order yet, some of this may change but we will continue to update this page as we receive guidance and information.

AILA Report: Vermont Service Center (VSC) Reopened (UPDATED APRIL 13, 2020)

The Vermont Service Center (VSC) has re-opened after a temporary closure, according to the American Immigration Lawyers Association (AILA). Last week, USCIS temporarily closed the VSC after a presumed positive COVID-19 case, but since the test results came back negative for the individual, the VSC is now able to accept cases and/or any other form of correspondence.

AILA Report: Vermont Service Center (VSC) Temporarily Closed

UPDATE APRIL 13, 2020: The Vermont Service Center has re-opened.

We have received reports through the American Immigration Lawyers Association (AILA) that the Vermont Service Center (VSC) has been temporarily closed due to a potential COVID-19 exposure. Reports indicate that the VSC will likely be closed at least until Wednesday, April 15, 2020, for a deep cleaning. During this time, it appears that mail or packages cannot be delivered to the VSC. AILA National has reached out to USCIS for confirmation of closure and guidance on how filings should be handled during the VSC closure. We will provide updates as we receive them.

USCIS Processing Employment Authorization Extension Requests with Previous Biometrics

US Citizenship & Immigration Services (USCIS) announced this week that they will reuse previously submitted biometrics so the agency can process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. The agency notes that this announcement is consistent with existing USCIS authority regarding the agency’s ability to reuse previously submitted biometrics. Applicants who had an appointment scheduled with an ASC on or after the March 18 closure or who has filed an I-765 extension will have their application processed using previously submitted biometrics.  USCIS notes this policy will remain effect until ASCs are open for appointments to the public.

FY 2021 H-1B Cap Petitions May Be Filed as of April 1

US Citizenship & Immigration Services (USCIS) announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including advanced degree cases, may now be filed with USCIS as of April 1, 2020, if based on a valid selected registration. Petitioners are only eligible to file a FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process and USCIS selected the registration for the beneficiary in the random lottery.

The H-1B cap-subject petition must be properly filed within the period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least ninety days. Since online filing is not available for H-1B petitions, petitioners must file H-1B petitions by paper and should include a printed copy of the applicable registration selection notice along with the supporting evidence and documents establishing eligibility for the H-1B.

According to USCIS, the H-1B electronic registration process was well-received by users, who provided a high satisfaction score with the system. The agency indicated that nearly 275,000 unique registrations were submitted during the initial registration period and roughly forty-six percent of all registrations were for prospective beneficiaries with US advanced degrees. More than 40,000 registration accounts were created in total.

“The new H-1B electronic registration system has been an overall success,” Joseph Edlow, USCIS Deputy Director for Policy, said in a statement.  “The positive feedback received by users of the H-1B registration system, the limited amount of technical issues experienced during the registration period, and the ability to immediately respond to questions from registrants was the result of a comprehensive effort developed over the course of more than a year. This new registration system is one of many ways USCIS is improving the H-1B program.”

USCIS Has Closed Offices to the Public from March 18 to June 4 but USCIS Service Centers Remain Operational (UPDATED APRIL 27, 2020)

UPDATE APRIL 27, 2020: USCIS has announced that they are planning to re-open offices for in-person services on June 4.

Effective March 18, 2020, US Citizenship & Immigration Services (USCIS) suspended in-person services at its field offices, asylum offices, and Application Support Centers (ASCs) to help prevent the spread of Coronavirus (COVID-19). The closure will be effective until at least May 3, but the closure date may be extended. Employees in these offices are continuing to perform mission-essential services not requiring face-to-face contact with the public and USCIS will still provide limited emergency services. USCIS Service Centers are operational at this time.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies affected by the closure. USCIS states that asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date, and location of the interview. When USCIS resumes normal operations, the agency will automatically reschedule the affected ASC appointments. Applicants will receive a new appointment letter in the mail and those who had InfoPass or other appointments must reschedule through the USCIS Contact Center after field offices are open again to the public. Individuals can check if their field office has been reopened online.