We wanted to provide you with a comprehensive update of all of the immigration changes that have occurred going into this week due to the COVID-19 virus.

1. Suspension of Routine Visa Services at all U.S. Embassies and Consulates abroad

· In response to significant worldwide challenges related to the COVID-19 pandemic, the Department of State has temporarily suspended routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide urgent and emergency visa services. Our overseas missions will resume routine visa services as soon as possible but are unable to provide a specific date at this time. However, services to U.S. citizens will continue to be available. Although all routine immigrant and nonimmigrant visa appointments are cancelled, the Machine Readable Visa (MRV) fee is valid and may be used for a visa appointment in the country where it was purchased within one year of the date of payment. Therefore, individuals who paid their visa fees and had their appointments cancelled will not have to re-pay their visa fees.

2. U.S. Citizenship and Immigration Services (USCIS) in-person interviews and appointments cancelled

· As of March 18, U.S. Citizenship and Immigration Services has suspended routine in-person services until at least April 1 to help slow the spread of Coronavirus Disease 2019 (COVID-19). Officers will be either reaching out to individuals with scheduled appointments directly or they will be sending a notice with the rescheduled date in the mail to applicants. However, USCIS will provide emergency services for limited situations.

3. Suspension of Premium Processing Service for Form I-129 and I-140 petitions

· USCIS today announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Coronavirus Disease 2019 (COVID-19). Effective today, March 20, 2020, USCIS will not accept any new requests for premium processing. USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria. However, they will not be able to send notices using pre-paid envelopes. They will only send batch-printed notices. Petitioners who have already filed a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Workers, using the premium processing service and who receive no agency action on their case within the 15-calendar-day period will receive a refund, consistent with 8 CFR 103.7(e). This temporary suspension includes petitions filed for the following categories:

o I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2.

o I-140: EB-1, EB-2 and EB-3.

4. US/ Mexican Border Travel Limited

· The border between the US and Mexico has been closed to “Non-essential” travel, which includes travel that is considered tourism or recreational in nature starting on Saturday, March 21 throughout the US-Mexico land border for a period of 30 days subject to extension upon review. This does not include individuals with work visas such as, TN, L-1, E, etc.

5. US/ Canada Border Travel Limited

· The border between the US and Canada has been closed to “Non-essential” travel, which includes travel that is considered tourism or recreational in nature starting on Saturday, March 21 throughout the US-Canada land border for a period of 30 days subject to extension upon review. This does not include individuals with work visas such as, TN, L-1, E, etc.

6. European, Chinese, and Iranian Travel Ban

· On March 11, 2020, President Trump determined that the potential for widespread transmission of the coronavirus by infected individuals seeking to enter the United States threatens the security of the homeland. The President issued Proclamations 9984, 9992, and 9993, which suspends entry to nearly all foreign nationals who have been in China, Iran, and certain European countries at any point during the 14 days prior to their scheduled travel to the U.S. These European countries, include: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. The restriction on travel for visitors from the United Kingdom and Ireland goes into effect on Monday, March 16, 2020, at midnight (EDT). This announcement comes on the heels of President Trump’s proclamation banning visitors from the European Union’s (EU) Schengen Area (but excluded the U.K. and Ireland), which went into effect Friday, March 13, 2020, at 11:59pm EST. The travel restriction is in place for 30 days with the possibility that it will be extended depending on how the virus is mitigated in those countries. Please note any traveler with a valid ESTA who attempts to travel the United States in violation of the Proclamation will have their ESTA canceled. These travel restrictions do not apply to the spouses and immediate family members of U.S. citizens and Lawful Permanent Residents.

7. Guidance on Foreign Nationals being Furloughed in light of Covid-19

· When a foreign employee in the United States in TN, L, or E status has been furloughed and the employment relationship terminated, the former employee will have the shorter of 60 days or to the end of their original authorized validity date to remain in the U.S. In other words, the company has 60 days to hire the foreign employee back to the company. If the company is unable to hire the employee back to the company, then the foreign national will have to leave the U.S. once the 60 days are up. If they do not, their status will expire and they will have “overstayed” their visa with dire consequences.

8. The Public Charge and Effects of Covid-19 Medical Care

· If any foreign employees are required to take public benefits in order to obtain medical treatment for the coronavirus or because they are not permitted to work because of a quarantine or shelter in place order, they may do so without worrying about becoming a public charge. USCIS has made clear that as long as the foreign national has documentation from medical professionals of their diagnosis of coronavirus or from their employer regarding a shelter in place or quarantine order, such public benefits will not negatively affect any alien as part of a future Public Charge analysis.

Should you have any further questions or concerns, please email us as we will not be checking voicemail until April 13^th, 2020. All attorneys will be checking their emails on a daily basis. Thank you for understanding. Stay safe!

Any information included here or through our web site is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our web site, no attorney client relationship is created.

Summary of Immigration Changes Due to COVID-19

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