H1B Visa Lawyer Blog

The Department of Homeland Security (DHS) working with the U.S. Department of Agriculture (USDA), have made a temporary final rule change certain H-2A requirements! These temporary changes are to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment! DHS and USDA are working to protect the nation’s food supply chain and lessen impacts during this public health emergency.

*Under this temporary final rule, an H-2A petitioner with a valid temporary labor certification who is concerned that workers will be unable to enter the country due to travel restrictions can start employing certain foreign workers who are currently in H-2A status in the United States immediately after United States Citizenship and Immigration Services (USCIS) receives the H-2A petition, but no earlier than the start date of employment listed on the petition. To take advantage of this time-limited change in regulatory requirements, the H-2A worker seeking to change employers must already be in the United States and in valid H-2A status.

For important details please read the USCIS News Release, “DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply“.

U.S. Citizenship and Immigration Services (USCIS) is warning fiscal year (FY) 2021 H-1B cap-subject petitioners that there will be a delay in data entry and receipt notice generation! H-1B cap-subject filling will still start April 1st, but data entry and receipt notice generation will be delayed and not start until at least May 1st, at the earliest. These delays are due to the coronavirus (COVID-19) pandemic!

* Once USCIS begins data entry, we will complete intake processing in the order in which we received petitions at the service centers. Petitions will be stamped received on the date they arrive at the service center. Petitions, if otherwise properly filed, will retain the receipt date that corresponds with the date the petition is received at the service center.

For important details please read the USCIS Stakeholder Message, “USCIS Announces Delay in Data Entry and Receipt Notice Generation for FY 2021 H-1B Cap-Subject Petitions Due to the Coronavirus Pandemic“ (PDF)

The Department of Homeland Security (DHS) has recognized that there will be delays and other immigration related problems during the coronavirus (COVID-19) pandemic! They have listed many different options available for nonimmigrants during this national crisis! DHS recognize that nonimmigrants may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19. Should this occur, the following options are available for nonimmigrants:

• Apply for an Extension.

• If You File in a Timely Manner.

The USCIS and the Department of Education have published an online guide entitled, “Welcome to the United States: A Guide for New Immigrants (PDF)” in 14 different languages. This guide contains information to help the newly settled immigrants into everyday life here in the United States.

 
The main subjects covered are:

• Your Rights and Responsibilities as a Permanent Resident

U.S. Citizenship and Immigration Services (USCIS) will apply a 60-day flexibility with certain RFE / NOIDS issued between March 1, 2020 and May 1, 2020. Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken.* These actions are being taken in response to the Coronavirus (COVID-19) pandemic!

Please visit this page for more information: USCIS Expands Flexibility for Responding to USCIS Requests

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