Adviser's Manual 360 News Feed

On March 27, 2020, USCIS announced that it had received a sufficient number of electronic registrations during the initial registration period to reach the FY 2021 H-1B cap, and would notify petitioners by March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration, during the 90-day petition filing period starting April 1, 2020. Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2021, and only for the beneficiary in the applicable selected registration notice. Also, on March 20, 2020 USCIS temporarily suspended premium processing service for all Form I-129 (including cap-exempt petitions) and I-140 petitions until further notice due to COVID-19 (March 20, 2020).

Beginning March 25, 2020, and through June 30, 2020, DOL will send approved permanent labor certifications by email, in response to the COVID-19 pandemic. After receiving the certified Form ETA-9089 by email, the form must be printed, and then signed and dated by each of the following prior to filing the Form I-140 with USCIS: the foreign worker, preparer (if applicable), and the employer. USCIS may consider this printed Form ETA-9089, containing all signatures, as satisfying the requirement that petitioners provide evidence of an original labor certification issued by DOL.

USCIS posted this alert on its USCIS Response to the Coronavirus Disease 2019 (COVID-19) page: "As of March 18, U.S. Citizenship and Immigration Services has suspended routine in-person services until at least April 1 to help slow the spread of Coronavirus Disease 2019 (COVID-19). USCIS staff will continue to perform duties that do not involve contact with the public." Most applications and petitions filed by schools, students, and scholars are filed at USCIS Service Centers and Lockboxes, not in person at local Field Offices. However, actions that are impacted by the suspension of in-person services include biometrics appointments at USCIS Application Support Centers (required, e.g., for change of status, F-1 and M-1 reinstatement, and other benefits requests filed on Form I-539), and adjustment of status interviews.

On March 18, 2020, travel.state.gov posted the following message on its Facebook page. A similar message was tweeted. "In response to worldwide challenges related to the outbreak of COVID-19, the Department of State is suspending routine visa services in most countries worldwide. Embassies and consulates in these countries will cancel all routine immigrant and nonimmigrant visa appointments as of March 18, 2020. These embassies and consulates will resume routine visa services as soon as possible, but we are unable to provide a specific date at this time. Check the website of the embassy or consulate for its current operating status: usembassy.gov."

In a March 16, 2020 letter to Department of Homeland Security (DHS) leadership, NAFSA Executive Director and CEO Esther Brimmer requested DHS exercise its discretion to allow for flexibility in adjudication of benefit requests and status determinations for international students and scholars who are impacted by COVID-19 and the measures institutions of higher education are taking in response to it.

A March 14, 2020 Presidential Proclamation imposes an entry ban on nonimmigrants and immigrants who have recently traveled to to the United Kingdom and the Republic of Ireland. Effective "at 11:59 p.m. eastern daylight time on March 16, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 16, 2020."

On March 13, 2020, SEVP published a follow-up to its March 9, 2020 guidance, identifying three common scenarios related to emergency procedures implemented by SEVP-certified schools: 1) A school completely closes and does not have online courses or other alternate learning procedures; 2) A school temporarily stops in-person classes but implements online or other alternate learning procedures and the nonimmigrant student remains in the United States; and 3) A school temporarily stops in-person classes but implements online or other alternate learning procedures and the nonimmigrant student departs the United States.

On March 12, 2020, NAFSA contacted the Student and Exchange Visitor Program to advocate that SEVP allow schools to maintain SEVIS records in Active status for students who choose to or must take the online portion of classes abroad under the school's COVID-19 policy pursuant to SEVP's March 9, 2020 Broadcast Message 2003-01. SEVP responded with the following statement: “SEVP is committed to remaining flexible in allowing schools to make temporary procedural adaptations so nonimmigrant students can continue to make normal forward progress in their program of study. They can temporarily engage in distance-learning, either from within the U.S. or outside the country, in light of COVID-19. SEVP will provide updated guidance as the scope and length of this situation becomes more clear.”

A March 11, 2020 Presidential Proclamation restricts entry to the United States for recent travelers to the European Schengen area, effective at midnight on Friday March 13, 2020.

In a March 11, 2020 email to J-1 exchange visitor program sponsors the Department of State Exchange Visitor Program advised: "We anticipate a range of changes to program circumstances that will affect exchange visitors. ECA asks sponsors and exchange visitors to consult with host organizations to seek alternative ways to maintain program objectives and/or employment, such as telework, online classes, or other arrangements, while preventing unnecessary exposure to the disease and its spread. A temporary modification along these lines for exigent circumstances beyond a sponsor’s or host entity’s control does not undermine a program’s consistency with the regulations."