[NOTE: Siskind Susser clients should be able to find this message in their email within the next 24 hours. However, we’re posting information on our coronavirus blog in case you missed it and to also point out that our blog at coronavirus-immigration.com is the best place to find the latest information on what’s happening in our immigration system as it pertains to the pandemic.]
Dear Siskind Susser Client:
I wanted to take a few minutes to update you on what’s happening in the immigration world as a result of COVID-19 and the need for remote work, office closings, etc.
On Friday, March 20th, USCIS made two important announcements:
Premium processing is suspended indefinitely. This applies to all I-129 filings which means H1B’s, L’s, TN’s, O’s, etc. It also applies to all I-140 Petitions (green card petitions).
It is waiving the requirement of wet signatures on applications. This means that we can use scanned, copied or faxed signatures to file applications and petitions. This is a game-changer for those of us working from home. We will be emailing you petitions for signatures and you will be able to sign and email back to us. They are not accepting electronic signatures so you will need to actually sign or cut/paste in your actual signature.
The Department of Labor issued an FAQ this week. It addressed many issues but the following are the most relevant to you and your business. Here is a link to our summary: https://www.visalaw.com/labor-department-releases-updated-policies-perms-lcas-march-20-2020/
LCA’s can be posted electronically. This is not new but rather a reminder of this option when posting new LCA’s for H1B transfers and extensions. (See the link to the electronic posting rules in the attached FAQ article)
H1B workers already employed by the company can work at “unintended places” (i.e. home) without filing a new LCA as long as the home office is in the original “area of intended employment” which means the same MSA or same metro area.
The existing LCA has to be reposted at the new worksite (i.e. the H1B worker’s home office) but DOL says in the FAQ that it can be done up to 30 days from the date work begins at the new site)
Notices of Filings (NOF) required in the PERM context can also be posted outside the normal statutory timeframe for recruitments that started in the last 6 months. (We will give you specific guidance on this on a case-by-case basis.)
DHS has made some allowances in regard to I-9 processing as well. For the next 60 days, employers may remotely inspect I-9 documents (i.e. video conferencing, fax, email, etc.) in order to complete Section 2. The guidance says to enter the COVID-19 in the “additional information” to explain the lack of physical inspection. Here is a link to our summary on this guidance: https://www.visalaw.com/dhs-allows-flexibility-complying-9-rules-march-20-2020/
USCIS has canceled all in-person interviews, naturalization oath ceremonies, and ASC Biometric appointments through at least April 1st. We expect this will go on longer. These appointments will be automatically rescheduled by the Service once things return to normal. The delays in biometric processing may cause delays in the issuance of temporary work cards (EAD), Advance Parole travel documents, and extensions for H4’s, L2, and other applicants using form I-539 to change or extend status. It does not impact H1B’s.
US Consulates have canceled all routine visa appointments for temporary visas and immigrant visas. This means that if any of your employees are currently outside the U.S. and need a visa stamp to return, they will be delayed.
The U.S. has closed its land borders with Canada and Mexico to normal travelers. Flights are being canceled in and out of the U.S. to Europe, Asia and other parts of the world and US citizens have been urged to come home immediately or prepare to stay where they are until the emergency has passed. Therefore, we highly recommend foreign nationals (H1B’s, L1’s, F1 students, etc.) not depart the U.S. unless they are prepared to remain outside the U.S. indefinitely.
Finally, we have successfully moved 98% of the firm’s staff to remote work and continue to operate as close to normal as possible. The new waiver of wet signatures will make this even easier. Some attorneys and paralegals are working during off-hours as they deal with small children during normal business hours and we appreciate your patience if it takes a little longer than usual to receive responses to emails and/or phone calls.
We are grateful to be in a business that is conducive to remote work and for all of your patience and support. Our lawyers and paralegals are here to answer the wide array of questions that continue to arise daily and are happy to schedule video or phone calls at everyone’s convenience.
Best regards,
Lynn Susser
901-682-6455