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COVID-19 Immigration Updates

M. Gabriela Ungo • Mar 30, 2020

The COVID-19 outbreak is continuing to cause a wide range of unprecedented US immigration issues for individuals and employers alike.  We are providing a list of answers to the FAQ during this pandemic.

Will an Application for Employment Authorization (Form I-765) or DACA renewal be approved now that USCIS ASC have temporarily closed?

USCIS announced that it will reuse previously submitted biometrics to process Form I-765, Application for Employment Authorization, extension requests (which includes DACA Extensions) due to the temporary closure of Application Support Centers (ASC) to the public, preventing the capture of new biometrics. This procedure will remain in effect until ASCs are re-opened to the public.

My biometrics/interview/citizenship ceremony appointment were cancelled. What should I do?

U.S. Citizenship and Immigration Services has temporarily suspended routine in-person services through at least May 3. USCIS will automatically reschedule ASC appointments by sending out new appointment letters in the mail when it again resumes normal operations. Individuals who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again.
 
My authorized period of admission expired recently or will expire soon. I cannot depart the U.S. due to COVID-19 travel restrictions, flight cancellation or illness. What can I do?

  • If you are a Visa Waiver Program Traveler, you will be granted satisfactory departure contacting any local CBP Port of Entry or Deferred Inspection Site or the USCIS Contact Center. On 4/17/2020, announced that VWP travelers may apply for an additional 30-day extension of their admission period if they remain unable to depart the United States because of the COVID-19 pandemic.
  • If you hold a Non-Immigrant Visa such as B-2, L-1, H-1B, you may remain in the United States beyond their authorized period of stay by filing an application for extension of stay (EOS) or change in status (COS). USCIS announced that it may excuse the failure to timely file if applicant can prove that it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19. We available to provide comprehensive advice on the best strategy for your situation.
  • J-1 program participants have a 30-day "grace period" to depart the U.S. They may request an extension on their DS-2019 directly to their program sponsor. For the latest USCIS COVID-19 related updated visit https://www. .gov/about-us/uscis-response-covid-19

Due to the COVID-19 disruption, company closures and social distancing measures, it is impossible to obtain documents with original signatures. Are other alternatives available?

USCIS requires a valid signature on applications, petitions, requests, and certain other documents. However, it announced that it will temporarily accept all forms and documents with reproduced original signatures  for submissions dated March 21, 2020, and beyond. This means that original documents containing handwritten signature may be scanned, faxed, photocopied, or similarly reproduced for submission with USCIS, eliminating the need for petitioners, attorneys and beneficiaries mailing hard copies of original documents for the duration of this National Emergency. Electronic signatures are not being accepted at USCIS. 

Individuals or entities that submit documents bearing an electronically reproduced original signature must also retain copies of the original documents containing the “wet” signature.  

Will I still be able to schedule and attend my appointment to apply for a visa at a US Embassy or Consulate? 

All U.S. visa issuing consular posts, have suspended all routine visa services. Some posts remain open but may notify applicants directly if appointments are cancelled. In an attempt to keep the public informed, the Department of State is maintaining country-specific information concerning COVID-19 for each US consular post which includes information concerning health services, recommendations, and if applicable, information regarding the suspension or reduction of visa services. 
  • Before planning any trip abroad, check the Travel Advisories for your intended destination at Department of State country specific travel advisories: https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/
  • You may check specific Consular appointment information at the Department of State's Visa Appointment Wait Time page https://travel.state.gov/content/travel/en/us-visas.html

Due to COVID-19 our company is operating remotely and is unable to complete Section 2 (or Section 3) of Form I-9, Employment Eligibility Verification which requires in-person verification of identity and employment eligibility documentation within three business days of hire. What can we do?

The Department of Homeland Security (DHS) allowed some flexibility by instructing employers to use "remote verification" and inspect the Section 2 documents over video link, fax or email, etc. and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2. Employers should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate. This provision only applies to employers and workplaces that are operating remotely.

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