U.S. Immigration & Travel Restrictions - September 2020 Updates

Updated 9/29/2020

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

Visa Bulletin: The Department of State’s October 2020 Visa Bulletin has been released. See our separate post here.

Visa Ban: As detailed in our frequently updated blog post, Presidential Proclamations 10014 and 10052 affect the issuance of new/first-time H, L, and certain J visas, as well as certain immigrant visas applications, with some exceptions. As of September 7, 2020, court decisions have only affected the ban as it relates to Diversity Visa (aka “green card lottery”) applicants.

COVID Travel Ban for Europe, China, Iran, Brazil: Arrival restrictions for persons present in Europe (Schengen, U.K., Ireland), China, Iran, or Brazil (“COVID travel ban”) are continuing until cancelled or modified. Certain national interest exemptions are available for the European COVID ban. Note that based on how the Department of State is implementing the guidance, which remains Embassy-by-Embassy, the COVID ban is creating a de facto visa ban in many cases. CBP/CDC airport health screenings and requirements to land at a CBP-designated airport ended on September 14, 2020, however the COVID-related travel bans for Schengen, UK, Ireland, China and Brazil remain in place.

Closure of Land Ports of Entry (Canada & Mexico): U.S. Customs & Border Protection has extended the land border closure (with exceptions for essential travel) until at least October 21, 2020.

Phased Embassy Re-Opening: Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be limited or suspended. On July 14, 2020, the Department of State announced a phased resumption of routine visa services. Some Embassies are showing appointment availability, and emergency appointments are available on a case-by-case basis at some Embassies, for non-banned categories, emergencies, and assistance with COVID ban waivers.

NPRM on Students and Media visas: On September 25, 2020, DHS issued a Notice of Proposed Rulemaking establishing a fixed time period for admission for students, exchange visitors, and representatives of foreign media. The rule would replace the “duration of status” admission period. The rule must now go through the usual “Notice and Comment” period; it is not final.

USCIS Updates:

• Public Charge: As of September 22, 2020, USCIS is once again implementing its public charge rule, e.g. the “wealth test.”

• Fee Changes: USCIS filing fee and form changes will take effect on October 2, 2020.

• H-1B Rule: The administration is pushing forward with a new rule on H-1Bs.

• H-1B Cap: On August 14, 2020, USCIS ran an (unannounced) second lottery on existing H-1B cap registrations. The filing period for the newly selected registration cases is from August 17 to November 16, 2020.

• Interviews/Appointments: On June 4, 2020, USCIS Field Offices started a phased re-opening process. Most employment-based adjustment of status interviews are being waived. Naturalization interviews are being prioritized. As interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants.

• Service center operations remain mostly unchanged.

• USCIS’s planned furlough has been delayed/cancelled at this time.

U.S. Passport Agency: On August 3, 2020, the U.S. Passport Agency announced a phased re-opening. https://travel.state.gov/content/travel/en/passports.html

Form I-9 Completion During COVID-19: See our August post for further information.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2020

U.S. Immigration & Travel Restrictions - August 2020 Updates

Updated 8/19/2020

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

H-1B Cap:

On August 14, 2020, USCIS ran a second lottery on existing H-1B cap registrations. The filing period for the newly selected registrations will be from August 17 to November 16, 2020.

Visa Ban:

As detailed in our frequently updated blog post, Presidential Proclamations 10014 and 10052 affect the issuance of new H, L, and certain J visas. Anyone who is in the United States in valid status is not affected assuming they do not depart the U.S. Note that a “visa” is the travel document/sticker affixed in a passport, and is different from “status” or an I-797 petition.

The June 22 expansion of the original visa ban also extended the initial ban of consular processing immigrant visa cases, with certain exceptions.

PERM, I-140, Adjustment of Status (I-485) and related in-country “green card” filings are unaffected. Most employment-based green card interviews are now being waived.

F-1 & M-1 Students:

On July 6, 2020, the administration announced that F-1 and M-1 students would not be able to maintain status if their universities were only operating solely online for the fall semester. On July 14, 2020, the administration agreed to withdraw the proposed rule entirely; however, first-time (initial) student visa applicants may still be affected. For a more detailed update please see our blog post here.

Closure of Land Ports of Entry (Canada & Mexico):

U.S. Customs & Border Protection has extended the land border closure (with exceptions for essential travel) until at least September 21, 2020.

COVID Travel Ban for Europe, China, Iran, Brazil:

Arrival restrictions for persons present in Europe (Schengen, U.K., Ireland), China, Iran, or Brazil (“COVID travel ban”) are continuing until cancelled or modified. Certain national interest exemptions are available for the Europe ban, including for business travelers and students. Students currently in Europe who already hold valid F-1 or M-1 visas and current I-20s do not need to apply for permission to travel. Otherwise, interested travelers must initiate an exception request with their nearest Embassy or Consulate or CBP.

Proclamation / COVID Travel Ban: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-novel-coronavirus/

Guidance on exceptions: https://travel.state.gov/content/travel/en/News/visas-news/national-interest-exceptions-from-certain-travelers-from-the-schengen-area-uk-and-ireland.html

New York Residents Now Eligible for CBP Trusted Traveler Programs:

On July 23, 2020, DHS announced that New York state residents would again be eligible to use CBP’s Trusted Traveler Programs such as Global Entry. These programs had been unavailable to New York residents since February 2020.

Phased Embassy Re-Opening:

Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be limited or suspended. On July 14, 2020, the Department of State announced a phased resumption of routine visa services. Some Embassies are showing appointment availability, and emergency appointments are available on a case-by-case basis at some Embassies, for non-banned categories, emergencies, and assistance with COVID bans.

USCIS Re-Opening & Potential Furloughs:

On June 4, 2020, USCIS Field Offices started a phased re-opening process. As mentioned, most employment-based adjustment of status interviews are being waived. Naturalization interviews are being prioritized. Naturalization oath ceremonies are being scheduled as small socially-distanced events at the Field Office versus a larger celebratory event at Oakland’s Paramount Theater. The San Francisco USCIS office has also indicated that the oath may be administered at the conclusion of a naturalization interview and/or same-day, where possible. As interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants.

Application Support Centers (for biometrics) are slowly re-reopening and appointments are (also slowly) being rescheduled via mailed notices.

USCIS Service Center operations continue as usual, which means that regular filings are still being accepted. Premium Processing Service or “PPS” has been restored for most previously-accepted application types, and scanned signatures continue to be accepted for filings.

That said, USCIS has issued furlough notices to thousands of its employees to take effect at the end of August 2020 unless/until it secures additional government funding. Note that USCIS is meant to be fee-funded. It is not clear how benefits adjudications and processing times will be affected or if PPS will be suspended again.

USCIS is also reportedly scaling back its printing operations / contracts because of the agency’s financial crisis. This is causing a delay of printing secure cards such as permanent resident cards (“green cards”) and employment authorization documents (“work permits”).

U.S. Passport Agency:

On August 3, 2020, the U.S. Passport Agency announced a phased re-opening. At this time, passport issuances for “life and death” emergencies are being prioritized.

https://travel.state.gov/content/travel/en/passports.html

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.

On August 19, 2020, DHS issued a temporary policy allowing for I-797s for EADs which were issued between December 31, 2019 and August 20, 2020, to be considered List C documents until December 1, 2020. This is helpful for persons who have approved EADs but have not received them because of card production delays mentioned above. The I-797 does not work as a List A document (as an EAD would) but instead would need to be presented along with a List B document of the employee’s choosing.

EAD I-797s announcement: https://www.uscis.gov/i-9-central/form-i-9-verification-during-ead-production-delays-due-to-covid-19

I-9 FAQ: https://www.uscis.gov/i-9-central/temporary-policies-related-covid-19

DHS’s I-9 manual, M-274, Handbook for Employers: Guidance for Completing Form I-9, was updated on April 28, 2020.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2020

Updates on the Administration’s Public Charge Rule

November 5, 2020 update:

On Wednesday, November 4, 2020, the Seventh Circuit Court of Appeal stayed the lower court’s order. Therefore Public Charge is back in effect for now.

November 3, 2020 update:

On Monday, November 2, 2020, the U.S. District Court for the Eastern District of Illinois vacated the administration’s Public Charge rule and denied the government’s request to stay the judgment pending appeal. The USCIS may not require Forms I-944 going forward on a nation-wide basis. As of this writing, USCIS’s website has not been updated to reflect compliance with the order.

September 22, 2020 update:

On September 22, 2020, USCIS posted implementation instructions for its Public Charge rule. Any Adjustment of Status cases that were filed after February 24, 2020, will receive a Request for Evidence for the Form I-944 and relevant supporting documents. Any Adjustment of Status cases filed after October 13, 2020, without the Form I-944 and supporting documents, will be rejected.

September 14, 2020 update:

On Friday, September 11, 2020, the Second Circuit Court of Appeals lifted the injunction; it is not clear how or when USCIS will re-implement rule.

August 14, 2020 update:

The injunction is now limited to cover only certain states (namely New York, Connecticut, and Vermont); however, USCIS and the Department of State have not announced if and how they will implement the rule.

August 10, 2020 update:

Despite news articles to the contrary regarding several Circuit Court rulings, the national-wide injunction as described below remains in place.

August 7, 2020 update:

The Department of State (DOS) has now posted on its website that it will comply with the injunction and is in the process of updating its guidance to consular officers. While guidance is being updated, visa applications that appear to be ineligible based on the public charge grounds of inadmissibility will be “refused” for administrative processing to allow for consultation with DOS. Applicants are not required to complete nor present the DS-5540 Public Charge Questionnaire.  

Original post:

On July 29, 2020, the U.S. District Court for the Southern District of New York issued two nationwide injunctions preventing the Department of Homeland Security (DHS) and Department of State (DOS) from implementing and enforcing the administration’s USCIS and DOS public charge rules and policies.

The injunction issued against DHS prevents DHS from enforcing, applying, implementing, or treating as effective its public charge rule that was implemented on February 24, 2020 (and outlined in our blog post here) as long as there is a declared national health emergency in response to the COVID-19 pandemic. (The Secretary of Health and Human Services declared a public health emergency on January 31, 2020.) The ruling came after the plaintiffs successfully argued that the DHS public charge rule has had a chilling effect on foreign nationals seeking health care and other benefits during the COVID-19 pandemic.

USCIS announced that as long as the injunction is in effect, it will not apply the Public Charge Rule implemented on February 24, 2020 for any applications and petitions USCIS adjudicates on or after July 29, 2020. Instead, USCIS will apply prior public charge guidance. Any information and documentation previously provided on Form I-944 Declaration of Self Sufficiency (for the green card process) or the receipt of public benefits (for nonimmigrant status) will not be considered. In addition, the detailed information and evidence is need not be provided for applications or petitions going forward, again while this injunction is in place. USCIS has indicated that additional guidance will be forthcoming.

The injunction issued against DOS in a separate case prevents DOS from implementing, enforcing, or applying its public charge rule as well as the administration’s Health Care Proclamation that required visa applicants to show proof of private health insurance. This was the first decision fully addressing these policies, and the court’s decision enjoined those policies indefinitely. As of this writing, DOS has not made an announcement on its website regarding the injunction. Many U.S. Embassies and consulates remain closed or on very limited operations due to the ongoing pandemic.

© Jewell Stewart & Pratt PC 2020

Executive Order regarding Hong Kong has Significant Impact to U.S. Immigration

On July 14, 2020, President Trump issued Executive Order (EO 13936) that ends the special treatment of Hong Kong as a separate foreign state from China. The immigration impact to Hong Kong nationals is significant. For the permanent residence (i.e. green card) process, Hong Kong-born nationals will now be “charged” to China, rather than the “Worldwide” quota, meaning they will now be subject to the same multi-year wait times and immigrant visa backlogs as nationals born in mainland China for many employment-based preference categories. In addition, Hong Kong SAR passport holders with H, L, and O visas will now be subject to shorter visa validity periods, in accordance with the Department of State’s visa reciprocity tables. The EO also orders the termination of the Fulbright Exchange Program with Hong Kong and China, and J-1 exchanges for Hong Kong residents would likely now be subject to the two-year home country requirement that most programs for residents of China fall under. The exact effective date of the EO is not yet clear and we will update this blog post once we know more.

© Jewell Stewart & Pratt PC 2020

COVID-19-Related U.S. Travel Restrictions & Government Closures - July 2020 Updates

Updated 7/29/2020

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

Presidential Proclamations:

As detailed in our continually updated blog post, Presidential Proclamations 10014 and 10052 affects the issuance of new H, L, and certain J visas. Anyone who is in the United States in valid status is not affected assuming they do not depart the U.S.

The June 22 expansion of the original ban also extended the initial ban of consular processing immigrant visa cases, with certain exceptions. PERM, I-140, Adjustment of Status (I-485) and related filings are unaffected.

F-1 & M-1 Students

On July 6, 2020, the administration announced that F-1 and M-1 students would not be able to maintain status if their universities were only operating solely online for the fall semester. On July 14, 2020, the administration agreed to withdraw the proposed rule entirely; however, questions remain in several areas. For a more detailed update please see our blog post here.

On May 29, 2020, the administration issued an additional Proclamation banning the entry of certain Chinese undergraduate students and researchers on F or J visas.

Closure of Land Ports of Entry (Canada & Mexico):

On June 16, 2020, U.S. Customs & Border Protection extended the land border closure to 11:59 PM ET on July 21, 2020. Essential travel is excepted. Although not officially announced, the closure is expected to be extended until August 2020.

https://www.dhs.gov/news/2020/06/16/fact-sheet-dhs-measures-border-limit-further-spread-coronavirus

Arrival Restrictions for Europe, China, Iran, Brazil:

Arrival restrictions for persons present in Europe (Schengen, U.K., Ireland), China, Iran, or Brazil (“COVID travel ban”) are continuing until cancelled or modified. Certain national interest exemptions are available for the Europe ban, including for business travelers and students. Students currently in Europe who already hold valid F-1 or M-1 visas and current I-20s do not need to apply for permission to travel. Otherwise, interested travelers must initiate an exception request with their nearest Embassy or Consulate.

Proclamation / COVID Travel Ban: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-novel-coronavirus/

Guidance on exceptions: https://travel.state.gov/content/travel/en/News/visas-news/national-interest-exceptions-from-certain-travelers-from-the-schengen-area-uk-and-ireland.html

New York Residents Now Eligible for CBP Trusted Traveler Programs

On July 23, 2020, DHS announced that New York state residents would again be eligible to use CBP’s Trusted Traveler Programs such as Global Entry. These programs had been unavailable to New York residents since February 2020.

Phased Embassy Re-Opening:

Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be suspended although on July 14, 2020, the Department of State announced a phased resumption of routine visa services. Some Embassies are starting to show appointment availability, and emergency appointments are available on a case-by-case basis at some Embassies.

USCIS Re-Opening & Potential Furloughs:

As of June 4, 2020, USCIS Field Offices are starting a phased re-opening process. In San Francisco, most employment-based adjustment of status interviews are being waived. Naturalization oath ceremonies are being scheduled as small socially-distanced events at the Field Office versus a larger celebratory event at Oakland’s Paramount Theater. The San Francisco office has also indicated that the oath may be administered at the conclusion of a naturalization interview going forward, where possible. As interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants.

USCIS Service Center operations continue, which means that regular filings are still being accepted. Premium Processing Service or “PPS” has been restored for most previously-accepted application types, and scanned signatures continue to be accepted for filings.

That said, USCIS has issued furlough notices to thousands of its employees to take effect in August unless/until it secures additional government funding. Note that USCIS is meant to be fee-funded. It is not clear how benefits adjudications and processing times will be affected. USCIS is also reportedly scaling back its printing operations / contracts because of the agency’s financial crisis. This is causing the delay of printing secure cards such as permanent resident cards (“green cards”) and employment authorization documents (“work permits”).

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.

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.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2020

COVID-19-Related U.S. Travel Restrictions & Government Closures - June 2020 Updates

Presidential Proclamation:

As noted in our blog post, the April 22, 2020 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 limitations for nonimmigrant visa issuance or travel which are rumored to be announced in June 2020.

On May 29, 2020, the administration issued a Proclamation banning the entry of certain Chinese undergraduate 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.

USCIS Re-Opening:

As of June 4, 2020, USCIS Field Offices are starting a phased re-opening process. In San Francisco, most employment-based adjustment of status interviews are being waived. Naturalization oath ceremonies are being scheduled as small socially-distanced events at the Field Office versus a larger celebratory event at Oakland’s Paramount Theater. The San Francisco office has also indicated that the oath may be administered at the conclusion of a naturalization interview going forward, where possible. As other interviews and in-person services are resumed, including fingerprints (biometrics), new notices will be mailed out to applicants.

USCIS Service Center operations continue, which means that regular filings are still being accepted. Premium Processing Service or “PPS” is being phased back in for most previously-accepted application types, and scanned signatures continue to be accepted for filings.

https://www.uscis.gov/news/alerts/uscis-preparing-resume-public-services-june-4

Closure of Land Ports of Entry (Canada & Mexico):

On June 16, 2020, U.S. Customs & Border Protection extended the land border closure to 11:59 PM ET on July 21, 2020. Essential travel is excepted.

https://www.dhs.gov/news/2020/06/16/fact-sheet-dhs-measures-border-limit-further-spread-coronavirus

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.

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-novel-coronavirus/

Continued Embassy Closures:

Routine visa issuance operations at U.S. Embassies and Consulates worldwide continue to be suspended although some Embassies are showing appointment availability later in the year. Emergency appointments are available on a case-by-case basis at some Embassies.

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.

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

COVID-19-Related U.S. Travel Restrictions & Government Closures

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.

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-novel-coronavirus/

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