Executive order introduces Limited restrictions to immigration

The Executive Order published today introduces limited restrictions to immigration, applying only to those seeking an immigrant visa to enter the U.S. as a permanent resident within the next 60 days.

Spouses of U.S. citizens and children under the age of 21 of U.S. citizens are exempted from this restriction and will be able to complete their process abroad. Healthcare workers and others performing research or certain other work related to COVID-19 also are exempted from the restriction. In addition, members of the Armed Forces are exempted as are those who would advance a U.S. law enforcement objective or whose entry would be in the national interest.

Significantly, this order does not apply to individuals with nonimmigrant visas for temporary status in the U.S. or to those already in the U.S. who apply for permanent residence.

The full Executive Order is available at https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/.

Limited Suspension of Certain U.S. Immigration Services Expected

As details are revealed regarding the President’s plan to suspend immigration services during the Coronavirus pandemic, we are seeing that the suspension will be limited in scope and there is no reason for panic. The White House was still working on an Executive Order as of Tuesday night, but provided additional information on the planned parameters.

The planned suspension will impact only those seeking permanent residence status (“green card”) from outside the U.S. for a 60-day period. Temporary workers on nonimmigrant visas will still be allowed to enter the U.S. and individuals already in the U.S. who plan to apply for permanent residence may continue to do so. After 60 days, the need for modification will be evaluated “based on economic conditions” in the U.S.

If you have questions about how this suspension will affect your immigration plan, reach out to us to schedule a phone or video call, https://app.legaler.com/aimeeclark/meet.

U.S. Visa Operations Reduced at Consulates in Russia

The Department of State has temporarily suspended all nonimmigrant visa operations at U.S. consular offices in Russia, due to the personnel cap imposed by the Russian government. The suspension starts August 23, 2017, and reduced operations will resume on September 1, 2017. At that time, nonimmigrant visa interviews will be conducted only at the U.S. Embassy in Moscow. This will likely cause backlogs in appointment and processing times, with the Embassy giving priority to diplomatic applications and those involving medical or family emergencies.

The Department has posted a Fact Sheet with further details https://ru.usembassy.gov/fact-sheet/. 

New Form I-9

USCIS has released a new version of Form I-9, https://www.uscis.gov/i-9-central/whats-new. This new version of the form can be used now, or employers can continue using Form I-9 with a revision date of 11/14/16 for the next couple of months. 

Starting on September 18, 2017, the new version of the form (which contains a revision date of 07/17/17 N) will be mandatory. This means employers must start using the new version of Form I-9 for employees hired on or after September 18. Employers are not required to go back and replace any forms completed for employees hired prior to that date.

The new form contains just a few changes, outlined below. Although the changes are minor, it is critical that employers start using the new version on or before September 18, as failure to use the correct form version can result in significant fines.

• The List of Acceptable Documents was changed to:
  • Add the Consular Report of Birth Abroad (Form FS-240) to List C. 
  • Combine all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) into selection C#2 in List C.
  • Renumber the List C documents.
• The  Form I-9 instructions were revised to:
  • Change the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
  • Remove “the end of” from the phrase “the first day of employment,” which makes the language consistent with the regulation.
• These changes are also reflected in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274).

H-1B Cap Notifications On The Way

As of May 3, 2017, USCIS has just completed data entry for H-1B cap cases received last month. All receipt notices and rejected petitions are now being sent. Based on experience from past years, it could take weeks for all notifications to be sent.

We have received many calls asking if all hope is gone for H-1B lottery selection. This announcement makes it clear that the answer is No, Hope is Not Lost! As in past years, the data entry, mailing and notification process takes time (weeks, even a month or two). Just because you've heard of others who have received receipt notices, or even rejected petitions, that does not mean all notifications have been sent. USCIS only completed data entry two days ago - the time for processing receipts and rejection notices, and then mailing out all those notices, takes time. 

We will not know the status of your case, and will not have a case number, until a receipt notice or rejection notice is received. As stated in its announcement "Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions. USCIS asks petitioners not to inquire about the status of submitted cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned."

We will keep you updated as new announcements are released!