Beginning June 4, 2020, certain USCIS field offices and asylum offices will resume non-emergency face-to-face services to the public. Application support centers will resume services later. USCIS has enacted precautions to prevent the spread of COVID-19 in reopened facilities:
Visitors may not enter a USCIS facility if they:
Have any symptoms of COVID-19, including cough, fever or difficulty breathing;
Have been in close contact with anyone known or suspected to have COVID-19 in the last 14 days; or
Have been individually directed to self-quarantine or self-isolate by a health care provider or public health official within the last 14 days.
Visitors may not enter the facility more than 15 minutes prior to their appointment (30 minutes for naturalization ceremonies).
Hand sanitizer will be provided for visitors at entry points.
Members of the public must wear facial coverings that cover both the mouth and nose when entering facilities. If they do not have one, USCIS may provide one or the visitor will be asked to reschedule their appointment.
There will be markings and physical barriers in the facility; visitors should pay close attention to these signs to ensure they follow social distancing guidelines.
Individuals may also have to answer health screening questions before entering a facility.
Individuals are encouraged to bring their own black or blue ink pens.
Appointment notices will include further instructions for visiting USCIS facilities. Please note that USCIS locations are not accepting walk-in visits at this time. You must have a scheduled appointment with USCIS before arriving at a USCIS office. For more information, see our USCIS Visitor Policy and USCIS Office Closings page.
For a previously scheduled interview, finger point appointment, or naturalization ceremony, please refer to the most updated notice from USCIS for your new appointment time. For a previously scheduled Infopass appointment, please reschedule your appointment via USCIS Contact Center.
USCIS reminds petitioners and applicants that it can consider delays caused by the COVID-19 pandemic when deciding whether to excuse delays in filing documents based on extraordinary circumstances.
If a petitioner or applicant files an extension of stay or change of status request (on Forms I-129 or I-539) after the authorized period of admission expires, USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19.
The length of delay must be commensurate with the circumstances. The petitioner or applicant must submit credible evidence to support their request, which USCIS will evaluate on a case-by-case basis.
Suspension of Routine Visa Services at all U.S. Embassies and Consulates
This will impact all immigrant and non-immigrant visa applicants in almost all countries around the world. Make sure you check the most up-to-date status of U.S. consulate offices before departing United States if you need to renew your visa.
Services to U.S. citizens continue to be available.
Certain travelers were prohibited from Entry to the United States.
Trump's Proclamation on Suspending Immigrants and Nonimmigrants
Entry as immigrants is suspended if the aliens: 1) are outside the United States on the effective date of this proclamation; 2) do not have an immigrant visa that is valid on the effective date of this proclamation; and 3) do not have an official travel document other than a visa.
The suspension and limitation does not apply to: 1) lawful permanent residents of the United States; 2) aliens seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees and spouse, unmarried children 21 years old of any such alien who are accompanying or following to join the alien; 3) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program; 4) any alien who is the spouse and/or child(ren) under 21 years old of a United States citizen, or who is a prospective adoptee; and 5) other applicable situations.
This proclamation became effective on April 23, 2020 and is expected to expire on December 31, 2020, pursuant to the president's recent Proclamation issued on June 22, 2020. This suspension may be continued, as deemed necessary.
This proclamation does not affect applicants who are adjusting their status to permanent residents within the United States.
This proclamation does not affect applicants who are adjusting their status to permanent residents within the United States.
This proclamation does not affect non-immigrant visa holders. As of not, no further restrictions on nonimmigrant visa holders have been released.
For restrictions on applying for an immigrant or non-immigrant visa, please refer to the “Suspension of Routine Visa Services at all U.S. Embassies and Consulates” section.
On June 22, 2020, President Trump issued a new Proclamation that suspends entry for certain nonimmigrant individuals with working visas who are seeking to enter the United States using H-1Bs, H-2Bs, J-1s, and L-1s, effective on June 24, 2020 12:01am EST.
The specific nonimmigrant visa categories contained in this Proclamation include:
H-1B, H-2B visa holders, and any alien accompanying or following to join such alien on an H-4 visa;
J-1 visa holders (to the extent of participating as an intern, trainee, teacher, camp counselor, au pair, or summer work travel program), and any alien accompanying or following to join such alien on a J-2 visa; and
L-1 (both L-1A and L-1B) visa holders and any alien accompanying or following to join such alien on an L-2 visa.
Foreign nationals who are outside the United States, do not have a valid nonimmigrant work visa as of the effective date, and do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document), will not be admitted into the United States with an employment-based nonimmigrant visa. The order does not apply to individuals already in the United States.
The order will expire on December 31, 2020 but could be extended.
This suspension and limitation on entry does not apply to:
Lawful permanent residents of the U.S.;
Any alien who is the spouse or child under 21 of a U.S. citizen;
Any alien whose entry is to provide temporary labor or services essential to the U.S. food supply chain; or
Any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designee.
International Students (F/M/J) in the United States
Many schools closed their campus as a response to the COVID-19 situation. This preventative measure, however, impacts international students’ immigration status in the United States. If your school:
Temporarily closes and does not offer online courses or other alternate learning procedures, the students should remain in active states in SEVIS so long as the students intend to resume their course of study when classes resume.
Temporarily stops in-person classes but implements online or other alternate learning procedures and the international students remain in the United States, international students are temporarily allowed to participate in on-line programs and considered to be remaining in a full course of study. Students shall remain in active status. This temporary provision is only in effect for the duration of the emergency.
Temporarily stops in-person classes but implement online or other online learning procedures and the nonimmigrant student departs the United States, international students shall still be considered as remaining in active status under this circumstance. However, before you depart the United States, the student should check that their current visa is still valid/will expire very soon. Given the situation that the United States temporarily suspended all routine visa services in almost all countries, you might not be able to obtain a visa appointment if you depart the United States and your visa is about to expire. If you plan to stay outside the United States for longer than 5 months, check the DHS website to see if you need to obtain a new visa.
The DSO/ISSO office in your school should be responsible to inform of any necessary changes in the SEVP system on behalf of all international students. Advise all international students to double check with your DSO officer to make sure your immigration status is good.
International Students and OPT
For college students in their graduate year and have planned to apply for OPT work authorization after graduation, it may be advisable to stay and not leave the United States. A Form I-765 should be filed when you are in the United States. International travel with a pending Form I-765 might cause additional requests for evidence. For more information about applying for OPT work authorization, please visit uscis.gov/opt.
If you have a pending cap H1-B application with charge of status, it is not advisable to engage in any international travel.
Non-immigrant Workers in the United States
As a general rule, H visa holders are not allowed to change their working locations without pre-approval by USCIS and are not allowed to be engaged in remote work. However, under the COVID-19 situation, H employees are allowed to work remotely, if, the employee’s home is within a normal commuting distance from the place of employment as defined in the associated Labor Condition Application (LCA).
The local commuting area is generally within the same MPA area, and/or within 50 miles of the place of employment as defined in the associated LCA.
However, during this period, without pre-approval from Department of Labor and USCIS, employers are not allowed to mandatorily reduce an H employee’s working hours and salaries.
If the employer is facing financial distress or has business necessity to reduce the H-1B employee's working hours and salary, please speak to an immigration attorney as early as possible to avoid subsequent issues.
Information About ICE
During a White House brief, the COVID-19 Task Force officially announced that ICE will not target any hospitals, health clinics, and coronavirus test centers.
Please read: The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Due to the rapidly evolving nature of the COVID-19 crisis, readers are advised to check official government sources for the most up-to-date information on changes in policy and procedure since the information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader and the contents of any third-party sites are not an endorsement by AABANY or its members.
Print Page