Immigration Executive OrderOn April 22, 2020 President Trump signed an Executive Order suspending new immigrant visa for 60 days. The temporary pause will be in effect for 60 days as the Administration continues to monitor the labor market. The order only applies to individuals outside the US seeking immigrant visas, and exempts those who are essential workers, including medical personnel, spouses and children of U.S. citizens, members of the Armed Forces, individuals designated by law enforcement, prospective foreign adoptees of U.S. citizens and prospective EB5 investor visa users.
Based on the information available, United States Citizenship and Immigration Services is not expected to stop adjudicating cases, either new cases or pending cases. The executive order does not apply to non-immigrant visas, such as H1B.
Since March, US Consulates around the world have been closed. USCIS has suspended interviews and biometric processing. Travel between the US, Canada has been closed, and the Department of Homeland Security has just announced that the U.S., Canada and Mexico have agreed to extend restrictions on non-essential travel for an additional 30 days.
Brown Immigration Law recommends that individuals and employees continue to move forward with their immigration processes to reduce the risk that these matters may be subject to backlogs that may occur. Because the situation continues to remain fluid and the Executive Order indicates that further appropriate action may be taken by the President in the coming weeks and months ahead, we will continue to provide updates as they become available. Should you have specific questions about your case or how the Executive Order may impact a loved one, please feel free to contact our office.
USCIS and Immigration Court
U.S. Citizenship & Immigration Services temporarily suspended routine in-person services, such as biometrics and interviews, to help slow the spread of coronavirus. USCIS plan to begin reopening offices on May 4, unless the public closures are extended further.
The Immigration Court has postponed non-detained cases through May 12, 2020. Until this time, the Court will continue to hear detained cases only.
H1B Visas and Working from Home
Regulations permit H1B employers to place H1B employees at a worksite not listed on the approved LCA, such as a home office, for up to 30 workdays per year. Workdays are days actually worked, and do not include weekend and holidays. If an H1B employee is working at a worksite not listed on the approved LCA for more than 30 days an amended H1B petition may be required if the worksite is not within the same metropolitan statistical area ("MSA"). MSA is defined s the area within normal commuting distance of the place of employment where the H1B non-immigrant is or will be employed. If the H1B worker's home is within the same MSA, a new LCA may not be required, but the LCA posting notices should be posted at the employee's worksite for ten consecutive days, and the posting notices must be placed in the Public Access File when taken down.
During this national emergency, Brown Immigration Law is dedicated to sustaining operations so that we can continue to provide excellent services to our clients and potential clients. Our firm’s technology is entirely cloud-based, so we do not anticipate any significant interruption in services provided to new or existing clients.
To schedule a phone or video appointment, please visit our website.