Siskind Susser is excited to announce that Lynn Susser was recently elected to ABIL, the Alliance of Business Immigration Lawyers. ABIL is comprised of over 20 lawyers from top tier immigration practices with years of expertise and a comprehensive understanding of immigration law. For more information on ABIL, including a map of ABIL attorneys worldwide, visit their website.
The following articles are excerpts from ABIL’s monthly Immigration Insider, available here on their website.
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DHS Issues Advice on Options for Nonimmigrants During COVID-19 Emergency
The Department of Homeland Security (DHS) said it recognizes that nonimmigrants may unexpectedly need to remain in the United States beyond their authorized periods of stay due to COVID-19 issues. If that occurs, DHS noted several available options, including applying for an extension, flexibility for late applications, and flexibility for visa waiver entrants.
DHS noted, among other things, that it can consider delays caused by the COVID-19 pandemic when deciding whether to excuse delays in filing documents based on extraordinary circumstances. The petitioner or applicant must submit credible evidence to support the request, which U.S. Citizenship and Immigration Services (USCIS) will evaluate on a case-by-case basis. DHS noted that such evaluations have been used in the past, “including for natural disasters and similar crises.” DHS also noted that if an emergency (such as COVID-19) prevents the departure of a Visa Waiver Program entrant, USCIS in its discretion may grant a period of “satisfactory departure” for up to 30 days. USCIS can grant an additional 30-day period of satisfactory departure if warranted.
Details:
- DHS/USCIS notice, https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings
- Related USCIS notice, https://bit.ly/2XMiM3i
- USCIS Response to COVID-19 page, · https://www.uscis.gov/about-us/uscis-response-covid-19
Do Stimulus Checks and Unemployment Benefits Matter for Purposes of Inadmissibility Determinations Based on Public Charge? Attorneys Weigh In –
Immigration attorneys have been getting questions from their clients about whether accepting the COVID-19 pandemic-related stimulus check, or unemployment benefits, are considered public benefits for purposes of public charge inadmissibility determinations. The following is a summary of highlights of these discussions.
Stimulus checks. The Trump administration is sending out checks to individuals below a certain income to aid them during the pandemic. Although U.S. Citizenship and Immigration Services (USCIS) has not clarified whether accepting the stimulus check is considered a public benefit for purposes of inadmissibility, some immigration attorneys believe it should not count as such. They note that the stimulus check is technically a 2020 tax credit paid in advance, and therefore does not fall under the income maintenance category per chapter 10 of the USCIS Policy Manual, which states, “USCIS considers any other federal, state, and local tribal cash assistance for income maintenance (other than tax credits).” For most people, the money will either be direct-deposited by their bank into their checking account or they will receive it electronically or in the mail. Once they receive the money, there is no option for them to return it. In addition, the stimulus check is not means-tested and thus is not a public benefit.
Unemployment benefits. Immigration attorneys note that there is a long history of unemployment being considered an earned benefit, which excludes it from public charge considerations. USCIS confirms (USCIS Policy Manual, Vol. 8, Part G, Chapter 10) that for the same reason, it does not consider unemployment benefits in the public charge inadmissibility determination.
Contact your Alliance of Business Immigration Lawyers attorney for advice in specific situations.
Details: USCIS Policy Manual, Vol. 8, Part G, Chapter 10, https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10
USCIS Is Reusing Biometrics for I-765 Work Authorization Extension Requests
U.S. Citizenship and Immigration Services (USCIS) recently announced that it is reusing previously submitted biometrics to process Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASCs) in response to the COVID-19 pandemic. This will remain in effect until ASCs are open for appointments to the public again, USCIS said.
Details: USCIS announcement, https://bit.ly/39V8wZa
COVID-19 Update: USCIS Suspends Most In-Person Services, U.S. North/South Borders Closed to Nonessential Traffic, Other Developments
As many know by now, the novel coronavirus (SARS-CoV-2), which causes the disease COVID-19, is now a pandemic threatening populations worldwide. With respect to its effects on employment-based immigration, foreign students, and cross-border travel, the following are a few highlights of developments in the short term, as of press time:
- U.S. Citizenship and Immigration Services (USCIS) has suspended routine in-person services until at least April 1, 2020, to help slow the spread of COVID-19. USCIS staff will continue to perform duties that do not involve contact with the public. The agency said it will provide emergency services in limited situations. To schedule an emergency appointment, contact the USCIS Contact Center (https://www.uscis.gov/contactcenter). USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies affected by this closure.
- The stoppage includes visa interviews for H-2A Mexican temporary farmworkers at U.S. consular posts in Mexico who want to work in the United States. Some may be able to obtain interview waivers, but growers reportedly were told that H-2A visa applications for new workers would not be processed. This has raised concerns about potential effects on the U.S. produce supply.
- USCIS is accepting all benefit forms and documents with reproduced original signatures for submissions dated March 21, 2020, and beyond.
- The Department of Labor’s Office of Foreign Labor Certification (OFLC) said it continues to process and issue prevailing wage determinations and labor certifications. OFLC released frequently asked questions on March 20, 2020, including information about what is considered timely notice when a worker must be moved to a new worksite due to pandemic concerns.
· E-Verify has extended the timeframe for taking action to resolve Tentative Nonconfirmations (TNCs) due to Social Security Administration office closures. E-Verify is also extending the timeframe to take action to resolve Department of Homeland Security TNCs “in limited circumstances when an employee cannot resolve a TNC due to public or private office closures. Employers may not take any adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status.
This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers (www.abil.com), of which Lynn Susser is an active member.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.