April 2020

H-1B Updates

USCIS announced that it will not begin to perform intake processing on FY 2021 H-1B cap cases until at least May 1, 2020. Employers and beneficiaries should expect delays in data entry and receipt notice issuance resulting from the COVID-19 pandemic.

USCIS Issues New I-9 Guidance

This month USCIS released an updated Handbook for Employers, offering updates to I-9 guidance which are effective immediately. The revisions contain several changes, including new guidance on how to verify employment eligibility for employees whose employment authorization is automatically extended by “cap gap”, prior to change of status to H-1B. The new handbook also offers additional guidance for authorized representatives who are completing I-9 from a remote workplace.

Diversity Visa Lottery for Fiscal Year 2021 Postponed

The U.S. Department of State announced that due to the COVID-19 pandemic, it will postpone the FY 2021 Diversity Visa Lottery. Lottery entrants will now be able to review selection results on June 6, 2020. To view lottery selection results on that date, visit https://dvprogram.state.gov/.

USCIS Extends Suspension of In-Person Services

Most USCIS in-person services, including interviews and biometrics appointments, are now suspended until at least June 3, 2020. Individuals who were scheduled for an immigration interview, naturalization ceremony or biometrics appointment will receive notices that their appointment has been cancelled and will be rescheduled.

EOIR Operational Status

The operational status differs for immigration courts around the country. To check the status of your local immigration court during the COVID-19 pandemic, visit https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic.