In response to the novel Coronavirus (2019-nCoV) outbreak, on 31st January 2020, the Trump administration announced a ban on foreigners entering the United States of America if they had visited China during the 14-day period before their attempted entry into the United States. The United States enforced this ban from February 2, 2020. However, due to the surge in the number of Coronavirus cases confirmed in Iran, the Trump Administration extended the same ban to the foreign nationals who visited Iran during the same time period of 14-days preceding their attempted entry into the States.
Recently, the Trump administration further expanded that ban to foreign nationals travelling from the Schengen Area – a region which consists of 26 European countries – Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.
As of 13th March 2020, South Korea has not been placed on an indefinite ban, unlike China, Iran, and the Schengen Area. Instead, the U.S. Department of State has provided a Level 3 Travel Advisory for South Korea. The DOS recommends the travellers to reconsider their travel to South Korea
With the amount of coronavirus confirmed patients on the rise, many companies have taken measures to grant their employees the provision to work from home. However, not all people have the luxury to work from home. Working from home could negatively impact the status of employees who are under H-1B, H-1B1, and E-3 status. These workers require certified Labor Condition Applications (LCAs) on Form ETA-9035 that are specific to work locations. In case of an emergency relocation, the LCA must be posted in two areas at the new work location for at least 10 consecutive business days – in cases where the work location change is within normal “commuting distances” from the original LCA work location address.
However, in cases where the LCA work location address is outside such commuting distances, then the longest period of time that the H-1B, H-1B1, or E-3 employee can work from his or her home is 10 business days. Contacting an Epstein Becker Green attorney could help you clarify if the employee’s work location is within the so-called commuting distance from his or her home.
Update Regarding USCIS’s New FY 2021 H-1B Cap Electronic Registration Tool
There have been cases where the system falsely stated that some attorneys were “not eligible to practice law” when the client received a request to confirm the attorney’s representation. This issue has been reported to USCIS, and the agency is correcting it.
As of March 13, 2020, no other issues have been mentioned, and the foregoing schedule remains unaltered:
- February 24: Employers can begin creating myUSCIS H-1B registration accounts
- March 1 to March 20: Registration period
- By March 31: USCIS conducts the lottery and electronically notifies selected registrants
- April 1: Filing period begins for selected cases ONLY within a 90-day filing period
A reminder of USCIS’s Rollout of the New Form l-9
Recently, USCIS has updated its Form I-9 for all U.S. employers to use in verifying their employment-population to the 21st January 2019 edition date. Going forward, all employers should be using this version. Employers may still use the previous edition, dated 07/17/17, but only until April 30, 2020. Starting from May 1, 2020, only the new 21st January 2019 version of Form I-9 may be used to verify either newly hired employees or re-verify current employees who have expiring work authorizations on or after that date.
USCIS Incorporates New Forms That Implement the Trump Administration’s Public Charge Requirements
Recently, the U.S. Supreme Court ruled in favour of the Trump administration’s rule changes to the public charge requirements. Previously, a “public charge” was defined as a person “primarily dependent on the government for subsistence. However, under the new rule, instead of evaluating whether someone might become “primarily dependent” on cash assistance or Medicaid coverage for long-term institutionalization, the inquiry is to be applied to those people who are more likely to receive any of nine benefits for more than 12 months in the aggregate within any 36-month period.
Now, all U.S. immigration forms filed with either USCIS or the DOS require more in-depth documentation proving that no foreign national will be a public charge in the United States of America. If processing with USCIS, the agency will take a complete view to determine if any foreign national could potentially be a public charge. For employment-based I-485 applications, USCIS has added the new Form I-944 (declaration of self-sufficiency), which requests specific information regarding the employee’s prior-filed taxes, health insurance maintenance, and credit report, and if any local, state or federal benefits were ever incurred.
Will DV Lottery Status 2021 Status Get Delayed ?
Well, there are high chances of postponding DV lottery 2021 process as the situation is getting worse day by day. Currently, The United States of America has the largest number of infections in the world. As per experts it will take atleast 3 to 6 months for everything to get settled. Since, the health system of USA is under strain they would try to recruit new healthcare professionals from across the world, so there is a slight chance of opening a new visa scheme to accomdate new health care professionals into the system.
Let’s hope and pray for the best thing. I hope you all loved reading the article, please do let us know about your opinions under the comment section. Subscribe and stay tuned for latest updates about DV lottery and other US visa schemes.