Corona Virus

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By Angelo A. Paparelli and Dawn Lurie

Globe-hoppers of the world, too long cabined and constrained by the pandemic, are exhilarated at the prospect of imminent foreign travel.  Many have received the vaccine and are poised to fly far away for business or pleasure.  The vaccinated among us, however, should not buy that airline ticket just yet – unless you know before you go how you will be treated at your foreign destination upon arrival, and upon departure.

Entry and Exit

Increasingly, as multiple variants of COVID-19 are identified, national governments worldwide have tightened entry protocols, and some have imposed exit restrictions.  France, for example, has announced new requirements when departing the country. See “[What is:] Can I leave France?”  – a Jeopardy-style question whose answer is: “You can only travel from France to a country outside the European space if you have pressing grounds for travel, or if you are travelling to your country of origin or residence.”
Continue Reading Hey, Immigration Lawyer: Get Me a Coronavirus Passport

By: Jake Campbell and Gabriel Mozes

Seyfarth Synopsis: Effective January 26, 2021, all international passengers (with minor exceptions) traveling by air must provide a negative COVID-19 viral test to enter the U.S. Alternatively, passengers may provide results proving recovery from COVID-19 with a doctor or physician authorizing international travel.

I. Negative COVID-19 Test Requirement

The U.S. Centers for Disease Control and Prevention (“CDC”) order requires that all internationally arriving U.S. air passengers (ages 2 and above), including U.S. citizens and permanent residents, provide a negative COVID-19 test that was administered within three days of travel.
Continue Reading U.S. Requires Negative COVID-19 Tests for International Air Passengers

On April 24, 2020, US Citizenship and Immigration Services (USCIS) announced a targeted reopening date of June 4, 2020 for offices that are currently closed in response to COVID-19.

What is impacted by this reopening announcement?

This impacts offices that provide in-person services, including field offices, asylum offices and application support centers (ASCs).  On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at these offices to help slow the spread of COVID-19.
Continue Reading USCIS to Reopen Offices on June 4th

Seyfarth Synopsis:  The President’s Proclamation will pause the issuance of immigrant visas for those seeking lawful permanent residence (Green Card) status through consular processing at posts outside of the U.S. for the next 60 days.  This order is limited in scope and should not have a significant impact on the transfer of global talent.

On Wednesday, April 22, 2020, President Trump issued a proclamation to pause the issuance of new Immigrant Visas outside the U.S. for an initial period of 60 days, taking effect at 11:59 p.m. on Thursday, April 23, 2020.
Continue Reading It Shall be Tweeted, It Shall be Written: Temporary Suspension of Immigrant Entry

Seyfarth Synopsis: Following a late-night tweet from the President on suspending immigration into the U.S., we have learned today that the President’s executive order (“EO”) on immigration will be limited in scope. The EO is expected to pause the issuance of immigrant visas for those seeking lawful permanent residence (Green Card) status through consular processing at posts outside of the U.S. The EO is limited in scope and should not have a significant impact on the transfer of global talent. This is true, especially because existing travel restrictions and consulate closures abroad have already brought these Immigrant Visa processes to a near halt.

Following his Monday night Tweet regarding an executive order temporarily suspending immigration into the United States, President Trump announced during his evening COVID-19 briefing on Tuesday, April 21, 2020, that this order will pause the issuance of Immigrant Visas for 60 days. Preliminary information indicates the moratorium will only affect individuals applying for immigrant visas abroad. Those present, in the U.S., seeking to adjust to Lawful Permanent Resident (LPR or “green card”) status by filing for an I-485 adjustment of status application with the U.S. Citizenship and Immigration Service will be able to continue the process. 
Continue Reading Executive Order on Temporary Suspension of Immigrant Visas Announced

Seyfarth Blog Synopsis:  In today’s posting we discuss the impact that furloughs and layoffs may have on F-1 student workers and related employer obligations.

Attracting and retaining talent involves recruitment of recent graduates and those completing their studies at universities in the U.S.  This talent pool often includes great candidates who are in the U.S. as students on temporary F-1 visas.  U.S. Based businesses  and the F-1 students who they employ now face new challenges as employers move forward with temporary or sometimes permanent cost saving measures through salary reductions, furloughs or layoffs in response to the impacts of COVID-19. This post provides an overview of some of the commonly asked questions to help employers navigating through ongoing changes.
Continue Reading F-1 Student Workers & COVID-19 Impacts on Employment

Late Friday afternoon, April 3, 2020, the Department of Homeland Security posted the following questions and answers in response to stakeholders queries on Form I-9 obligations in the midst of COVID-19.  We applaud the U.S. Citizenship and Immigration Services (USCIS) for taking the lead on coordinating these responses and anticipate they will continue to be responsive to employer queries. The Q&A reiterates the original Immigration and Customs Enforcement (ICE) guidance, including confirming a hard deadline on timing- three days to complete the I-9 initially via a virtual/remote method and then three days to update with an in-person inspection once the business resumes normal operations. The Q&A also provides clarification on how to complete a Form I-9 with an expired driver’s license (sneak peek: use the actual expired date and write COVID-19 on the Form). Curiously the Q&A references electronic systems that don’t offer an additional information box field but suggests attaching a note to the I-9. The Q&A also confirms our suggestion, the person who views the documents  in -person should enter their name and date in the Additional Information Box.
Continue Reading New COVID-19 Q&As Related to Form I-9 and E-Verify

In-Person Services Suspended Until At Least May 3

In response to Coronavirus Disease 2019 (COVID-19) developments, as of April 1, U.S. Citizenship and Immigration Services (USCIS) updated its office closures suspending routine in-person services until May 3rd.

What does this mean for cases in progress?

USCIS will reschedule appointments for…
Continue Reading USCIS Office Closures Updates- as of April 1, 2020

Updated on March 30, 2020. USCIS has now clarified that the response date flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion.  In summary, the USCIS announcement applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive. Unfortunately this guidance still does not address the issues relating to requests, dated prior to March 1st, but due now, during the COVID-19 pandemic. Seyfarth will keep you updated with any further clarifications.

Posted on March 27, 2020. In response to the COVID-19 pandemic, and the difficulties applicants and petitioners are facing in meeting immigration related deadlines, U.S. Citizenship and Immigration Services (USCIS) announced that it has extended response deadlines by 60 days for certain types of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). It is important to note that this accommodation does not change individual status expiration dates, or auto extension dates for employment authorizations.
Continue Reading A Step in the Right Direction: USCIS announces RFE AND NOID Extensions

Seyfarth Synopsis: E-Verify has offered guidance to employers to address concerns with expiring State Drivers’ Licenses and Identification Documents. The guidance, though, fails to address the situation where states have not granted temporary Driver’s Licenses or IDs extensions.

In response to queries sent by Seyfarth and other groups, E-Verify provided additional guidance addressing the COVID-19 National Emergency. We expect E-Verify to release a full  FAQ in the next week. Today’s guidance addresses the expiration of State Drivers’ Licenses and Identification Documents where employees are unable to renew these documents because of closures or limited services at Department of Motor Vehicles (DMVs).  In light of the National Emergency many states have extended the validity of these documents.
Continue Reading E-Verify COVID-19 Guidance on Expired Driver’s Licenses and State IDs