March 2020

FY 2021 H-1B Cap Lottery Update

USCIS announced that it has completed its FY 2021 H-1B Cap lottery selection process and intends to notify employers of selection results by today, March 31. Employer will need to log into their H-1B cap registration accounts to learn which beneficiaries were selected.

COVID-19 Updates:

USCIS Announces COVID-19 Accommodations for Certain Applicants

· USCIS has announced that those seeking to extend their Employment Authorization Documents (“EAD”) will be able to rely on previously captured biometrics to process their application.
· Petitioners and applicants will have an additional 60 days to respond to requests for evidence and notices of intent to deny which were issued between March 1 and May 1, 2020.

Suspension of In-Person Services

USCIS announced earlier in the month that it would suspend all in-person interviews and biometrics appointments at local offices until April 1. It has since issued an update that these services will be suspended until at least April 7. Those who had appointments or interviews scheduled during this time will be automatically rescheduled and a new notice will be mailed out once local offices resume operations.

Suspension of Premium Processing for All I-129 and I-140 Petitions

USCIS has announced that it will no longer accept new requests for premium processing on I-129 and I-140 petitions, effective March 20, 2020. The suspension of 15-day premium processing will last until further notice. New petitions may still be submitted using regular processing, however processing delays are expected.

Border Closures
The U.S. has closed its Canadian and Mexican borders to tourism and recreational travel as of March 21 and lasting for at least 30 days. Essential travel, including travel by U.S. citizens, “green card” holders, foreign nationals traveling for work and those using the Visa Waiver Program for business, may still be permitted.

A growing number of other countries have been added to a list which bans all foreign nationals from entering the U.S. if they have been physically present in the listed country within 14 days prior to attempted U.S. entry. These bans do not apply to U.S. citizens and Lawful Permanent Residents. Please check the Department of State website to find out which countries have been included to the COVID-19 travel ban.