Efforts to stem the spread of COVID-19 (coronavirus) have had a significant impact on employers who provide immigration sponsorship (both temporary and permanent) for employees. But these impacts are also being felt more generally by all employers, in the context of Form I-9 compliance, government audits, and the immigration requirements applicable to all employers. We believe these impacts and challenges will continue for the foreseeable future as governments and businesses deal with this public health crisis. To assist our clients, we have collated information on various immigration-related coronavirus issues, including governmental travel bans, changes in immigration processes, suspension of government services, and office closings as well as practical tips on how businesses can manage the impact of this global healthcare crisis as it relates to immigration issues.
-- RECENT DEVELOPMENTS --
DHS Extends Form I-9 Requirement Flexibility to October 31, 2022 (Effective May 1, 2022)
The U.S. Immigration and Customs Enforcement (ICE) announced on April 25, 2022, an additional extension of the flexibility in rules related to I-9 compliance that was originally granted in March 2020 and updated in March 2021. Due to the continued safety precautions related to COVID-19, DHS will extend the updated flexibilities until October 31, 2022. See ICE announces extension to I-9 compliance flexibility. Under normal circumstances, an employer must complete an in-person inspection of the new hire’s original, qualifying documents to complete Section 2. In light of public health risks, during the pandemic, DHS will relax this in-person review requirement only for employers and workplaces that are operating remotely during COVID-19. Such employers may use remote inspection (e.g. over video link, fax or email, etc.) and retain copies of the documents, within three business days of hire for purposes of completing Section 2. The original March 20, 2020 announcement and guidance on Form I-9 completion flexibility is available here.
USCIS Response to COVID-19
Information on various aspects of USCIS response to COVID-19, including, among other things, a notice that its domestic field offices and asylum offices are open with additional precautions to prevent the spread of COVID-19; deadlines for certain requests, notices, and appeals if USCIS issued the request or notice anytime from March 1, 2020, through July 25, 2022; the expiration of the temporary rule providing for flexibilities for complying with H-2A requirements; and extension of stay/change of status filing delays caused by extraordinary circumstances related to COVID-19.
USCIS Temporary Policies Related to COVID-19. List of USCIS temporary policies relating to E-Verify and Form I-9 created in response to COVID-19.
U.S. GOVERNMENT INFORMATION
Presidential Proclamations Relating to COVID-19
USCIS (www.uscis.gov)
Department of Homeland Security (https://www.dhs.gov/)
U.S. Department of State (https://www.state.gov/travelers)
U.S Citizens, U.S. Nationals, U.S. Lawful Permanent Residents, and Immigrants: Travel to and from the United States (CDC international travel recommendations for vaccinated and unvaccinated travelers. The site notes that "As a result of a court order, effective immediately and as of April 18, 2022, CDC’s January 29, 2021 Order requiring masks on public transportation conveyances and at transportation hubs is no longer in effect. Therefore, CDC will not enforce the Order. CDC continues to recommend that people wear masks in indoor public transportation settings at this time. This page will be updated soon to provide additional information about recommendations.")
TSA Coronavirus (COVID-19) Information