Updated May 29, 2020
Presidential Proclamation:
As noted in our blog post on April 22, the new Presidential Proclamation regarding immigration affects only consular processing immigrant visa cases, with certain exceptions. Nonimmigrant visas and statuses are unaffected; PERM, I-140, Adjustment of Status (I-485) and related filings are unaffected. See this post for a potential future issues for nonimmigrant visas.
USCIS Field Office Closures:
USCIS Field Offices remain closed through June 4, which means that in-person interviews like adjustment of status and naturalization interviews will be rescheduled for a later date. Some adjustment of status interviews may be waived. Naturalization oath ceremonies will be rescheduled or postponed. In the San Francisco Bay Area, future oath ceremonies will likely be smaller events at the Field Office versus a larger celebratory event at Oakland’s Paramount Theater. The local San Francisco office has also indicated that the oath may be administered at the conclusion of a naturalization interview going forward, where possible. Application Support Center appointments for biometrics will also be rescheduled or waived in some cases. USCIS Service Center operations continue, which means that regular filings are still being accepted. PPS continues to be suspended for all categories, and scanned signatures continue to be accepted.
https://www.uscis.gov/news/alerts/uscis-offices-preparing-reopen-june-4
Closure of Land Ports of Entry (Canada & Mexico):
On May 20, 2020, U.S. Customs & Border Protection extended the land border closure to 11:59 PM ET on June 22, 2020. Essential travel is excepted.
Canada: https://www.dhs.gov/sites/default/files/publications/20_0519_as1_frn_us-canada-border.pdf
Mexico: https://www.dhs.gov/sites/default/files/publications/20_0519_as1_frn_us-mexico-border.pdf
Arrival Restrictions for Europe, China, Brazil:
Arrival restrictions for persons present in Europe (Schengen, U.K. Ireland) or China are continuing until cancelled or modified. Brazil was most recently added to the list, taking effect Tuesday, May 26, 2020 at 11:59PM ET. Brazil has been added to the list of various travel bans - the ban goes into effect at 11:59 PM eastern time today, Tuesday, May 26, 2020.
On May 29, 2020, the administration issued a Proclamation banning the entry of certain Chinese students and researchers on F or J visas. As there is currently already a travel ban on arrivals from China, it is unclear what additional effect this Proclamation will have.
Continued Embassy Closures:
Routine visa issuing operations at U.S. Embassies and Consulates worldwide continue to be suspended.
Satisfactory Departure for Visa Waiver Program (“VWP”) Visitors:
Satisfactory Departure is available for VWP visitors unable to depart within 90 days of admission because of COVID-19. Additional information is available in our blog post here.
Form I-9 Completion During COVID-19:
On May 1, 2020, DHS issued a temporary policy regarding expired List B identity documents used to complete Form I-9. Beginning on May 1, 2020, identity documents found in List B that are set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee had presented a valid receipt for an acceptable document for Form I-9 purposes. DHS has also issued policies for virtual review of certain documents, and has extended the time period to resolve tentative non-confirmations on E-Verify due to COVID-19. These changes are expected to last through at least mid-July, 2020.
I-9 FAQ: https://www.uscis.gov/i-9-central/temporary-policies-related-covid-19
Finally, DHS issued a new M-274 manual M-274, Handbook for Employers: Guidance for Completing Form I-9, with expanded information on properly completing Form I-9, Employment Eligibility Verification, on April 28, 2020.
Disclaimer: Changes are rapidly evolving and may not be immediately posted here.
© Jewell Stewart & Pratt PC 2020