Immigration Updates Due to COVID-19: Form I-9 Compliance, Visa Services, Travel Advisory, and More | Practical Law

Immigration Updates Due to COVID-19: Form I-9 Compliance, Visa Services, Travel Advisory, and More | Practical Law

The Department of Homeland Security (DHS), the Department of Labor (DOL), and the Department of State (DOS) announced guidance and news impacting US immigration due to the COVID-19 pandemic. Developments include guidance on Form I-9 and E-Verify compliance, travel restrictions and access to DOS services, DOL guidance for employers participating in visa programs with a DOL component (such as the H-1B, H-1B1, E-3, or PERM programs), and others.

Immigration Updates Due to COVID-19: Form I-9 Compliance, Visa Services, Travel Advisory, and More

by Practical Law Labor & Employment
Published on 23 Mar 2020 • USA (National/Federal)
The Department of Homeland Security (DHS), the Department of Labor (DOL), and the Department of State (DOS) announced guidance and news impacting US immigration due to the COVID-19 pandemic. Developments include guidance on Form I-9 and E-Verify compliance, travel restrictions and access to DOS services, DOL guidance for employers participating in visa programs with a DOL component (such as the H-1B, H-1B1, E-3, or PERM programs), and others.
Between March 18 and 20, 2020, the Departments of Homeland Security (DHS), Labor (DOL), and State (DOS) each issued one or more notices regarding matters that impact US immigration. These advisories describe exceptions to, waivers of, or advisories about normal procedures or requirements due to the COVID-19 pandemic.
Developments include notices from:
  • The DHS:
    • announcing agreements with Canada and Mexico to restrict travel across our respective borders with those countries; and
    • announcing E-Verify temporary extensions to resolve tentative nonconfirmation (TNC) results due to private and public office closures, including the Social Security Administration's offices.
  • US Citizenship and Immigration Services (USCIS):
    • announcing it is temporarily closing its field offices, asylum offices, and Application Support Centers (ASCs) from March 18th to April 1st;
    • suspending access to premium processing for all employment-based immigration benefits requests for the indefinite future; and
    • announcing flexibility in accepting wet-ink signatures on petitions and applications for immigration benefits.
  • US Customs and Border Protection (CBP) closing all Trusted Traveler enrollment offices from March 19 until at least May 1, 2020.
  • US Immigration and Customs Enforcement (ICE) announcing flexibility in the requirement for in-person document review during the Form I-9 process, among other matters.
  • The DOL issuing a frequently asked questions (FAQ) document providing contact information and guidance on aspects of DOL programs, including the Labor Condition Application (LCA) required for H-1B, H-1B1, and E-3 nonimmigrant status, the PERM labor certification, and others.
  • The DOS:
    • suspending all routine visa services for an unknown period;
    • issuing a Level 4 Travel Advisory recommending, among other things, that US citizens avoid international travel; and
    • restricting US passport operations to life-or-death emergency travel needs only.
For information on how these developments specifically impact employers and immigration matters, see Article, Expert Q&A: COVID-19 and Immigration.