USCIS Accepts Re-filing of Rejected I-140 Petitions with E-certification or Electronically Reproduced Signatures

On March 20, 2020, US Citizenship & Immigration Services (USCIS) announced it would accept electronically reproduced signatures in benefit requests during the coronavirus (COVID-19) national emergency. Additionally, on March 24, 2020, the Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) announced that ETA Forms 9089, Application for Permanent Employment Certification (ETA 9089), will be issued electronically to employers and their authorized attorneys or agents. After these announcements, USCIS notes that the agency “inadvertently rejected some Forms I-140, Immigrant Petition for Alien Workers, that included these e-certified ETA-9089s or blue ETA-9089s with electronically reproduced signatures.”  

USCIS is requesting that affected petitioners re-submit their Form I-140 with the blue ETA Form 9089s or e-certified ETA-9089s with “either wet original signatures and/or scanned copies of the original signatures as well as a copy of the rejection notice.” If the petitioner’s inadvertently rejected ETA-9089 expired between March 20 and May 18, 2020, USCIS notes the agency will accept the re-filed Form I-140 petition along with the inadvertently rejected, expired ETA-9089 for the duration of the national emergency.

DHS Offers Flexibilities to Increase Food Security & Stabilize US Supply Chain During COVID-19 Pandemic

The Department of Homeland Security (DHS) announced a temporary final rule to change certain H-2B requirements to “help support the U.S. food supply chain, maintain essential infrastructure operations and reduce the impact from the coronavirus (COVID-19) public health emergency.” The H-2B nonimmigrant classification applies to foreign national workers seeking to perform nonagricultural services or labor of a temporary nature in the US, usually lasting no longer than one year, for which able, willing, and qualified US workers are not available. DHS notes that these temporary measures apply solely to foreign nationals already present in the US with a valid H-2B nonimmigrant status, and also notes that the temporary final rule does not increase H-2B visas above the congressionally mandated 66,000 visa cap through the remainder of fiscal year (FY) 2020.

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USCIS Offices Preparing to Reopen on June 4

On March 18, 2020, US Citizenship & Immigration Services (USCIS) temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS announced late last week that they are now readying offices to reopen on or after June 4, 2020, while still complying with local and state orders. Employees in these temporarily closed USCIS offices are continuing to perform mission-essential services that do not require face-to-face contact with the public, and during this time, individuals may still submit applications and petitions to USCIS service centers. USCIS is also providing limited emergency in-person services.

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President Trump’s Proclamation Temporarily Suspending Entry of Immigrants to the US for 60 Days

President Trump yesterday signed a presidential proclamation effective today, April 23, 2020 at 11:59pm EDT, temporarily blocking for sixty days the issuance of immigrant visas (Green Cards) to those outside the United States. This proclamation is meant to assist with the economic recovery for American workers affected by the coronavirus (COVID-19) pandemic and comes after the president’s tweet earlier this week where he said he would “suspend immigration.” The proclamation itself is more limited in scope than President Trump’s initial claim and only applies for a period of sixty days to those foreign nationals applying for an immigrant visa (Green Card) who are physically outside the US.

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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.

American Farmers and Farmworkers and Protecting America’s Food Supply

The US Department of Homeland Security (DHS), with the support of the Department of Agriculture, has issued a temporary final rule to amend certain H-2A requirements to help agricultural employers “avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain, and lessen impacts from the coronavirus (COVID-19) public health emergency.” Under the temporary final rule, which is effective immediately upon publication in the federal register, all H-2A petitioners with a valid temporary labor certification can start employing certain foreign national workers currently in valid H-2A status in the US immediately after USCIS receives the H-2A petition, but not earlier than the start date of employment listed on the petition.

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DHS: Delays in Filing Extension and Change of Status Petitions Due to the COVID-19 Pandemic

The Department of Homeland Security (DHS), in response to the immigration-related challenges resulting from the coronavirus (COVID-19) pandemic, has issued additional information about filing extension and change of status petitions for those who “may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19.” DHS states that in general nonimmigrants must depart the US before their authorized period of admission expires, but if that is not possible because of reasons related to COVID-19, nonimmigrants should note the following:

Applying for an Extension: DHS first notes that many nonimmigrants can mitigate the immigration consequences of COVID-19 by timely filing an application for extension of stay (EOS) or change of status (COS). US Citizenship & Immigration Services (USCIS) is currently accepting and processing applications and petitions, and some forms are available for online filing.

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USCIS: Delayed Data Entry and Receipt Notice Generation for FY 2021 H-1B Cap-Subject Petitions Due to the COVID-19 Pandemic

US Citizenship & Immigration Services (USCIS) announced this week that petitioners should expect a delay in data entry and receipt notice generation for fiscal year (FY) 2021 H-1B cap-subject petitions until at least May 1, 2020, because of delays related to the coronavirus (COVID-19) pandemic. From the first day of filing, April 1, 2020, USCIS has not been able to immediately enter data for FY 2021 cap-subject petitions due to required health and safety protocols related to COVID-19. The agency states that data entry and notice generation will be delayed until at least May 1, 2020.

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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.