Coronavirus – COVID
Immigration Updates

The coronavirus pandemic is rapidly spreading around the world. As immigration lawyers, we have created this page in order to educate employers and immigrants regarding how the pandemic may affect their immigration cases and to make sure that immigrants, whether or not they are documented, are not afraid to seek medical care.

In-person services at immigration-related government agencies have been temporarily suspended. However, these agencies continue to process applications and petitions for immigration benefits by mail.

Coronavirus – Immigration Updates is divided into the following topics:

• Center for Disease Control
• Know Your Rights
• Shortage of Doctors and Nurses
• DHS and CBP
• USCIS
• Department of Labor
• Department of State
• EOIR – Immigration Courts and BIA
• ICE

Client Reviews

Center for Disease Control – Coronavirus

• No Requirement for Negative COVID Test Result for Airline Passengers Arriving into the U.S. (6-10-22)
• All Immigrants Can Get the COVID-19 Vaccine—Even Those Who Are Undocumented (4-07-20)
• COVID Testing Requirement Imposed for All Travel to the US Starting January 26, 2021
• Testing for COVID-19

Know Your Rights

• KNOW YOUR RIGHTS DURING THE CORONAVIRUS PANDEMIC
• CONOZCA SUS DERECHOS DURANTE LA PANDEMIA DEL CORONAVIRUS
• Know Your Rights (Arabic) 
• Know Your Rights (Farsi)
• CONNAISEZ BIEN VOS DROITS PENDANT LA PANDÉMIE DE CORONAVIRUS
• ЗНАЙТЕ СВОИ ПРАВА ВО ВРЕМЯ ПАНДЕМИИ КОРОНАВИРУСА
• FAHAMU HAKI ZAKO WAKATI WA JANGA KUBWA LA VIRUSI VYA KORONA

Shortage of Doctors and Nurses

• USCIS Eases Visa Restrictions for some Foreign Doctors (5-13-20)
• As America Struggles For Oxygen, A New Bill Offers A Pandemic Solution (5-04-20)
• Bill Would Recapture 40,000 Green Cards for Doctors and Nurses (5-04-20)
• Summary of Healthcare Workforce Resilience Act (4-30-20)
• Healthcare Workforce Resilience Act (4-30-20)
• The Fragility of the Global Nurse Supply Chain (4-30-20)
• Congress Can Tap Unused Visas To Bring Nurses and Physicians To Help Fight COVID-19 (4-29-20)
• Letter from Members of Congress Asking that H-1B and J-1 Regulations on Medical Professionals be Relaxed (4-14-20)
• Foreign Doctors Could Help Fight Coronavirus. But U.S. Blocks Many. (4-13-20)
• Immigrant doctors face challenges to work, even in coronavirus pandemic (4-10-20)
• Nurses and Doctors Speaking Out on Safety Now Risk Their Job (4-09-20)
• Removing Barriers for Immigrant Medical Professionals Is Critical To Help Fight Coronavirus (4-02-20)
• I’m a foreign-born doctor fighting America’s war against the coronavirus. The US needs more of us. (4-01-20)
• US needs foreign doctors and nurses to fight coronavirus. Immigration policy isn’t helping (3-30-20)
• Trump Rules Bar Thousands of Foreign Nurses Willing to Help U.S. (3-28-20)
• AMA: U.S. should open visas to international physicians amid COVID-19
• Coronavirus – How to Get More Doctors and Nurses
• State Department appears to ask the world’s health workers to apply for U.S. visas, provoking outrage (3-27-20)
• Immigration System Slowdown Keeps Some Doctors From Coronavirus Front Lines (3-27-20)
• As coronavirus spreads, thousands of foreign doctors could be blocked from U.S. entry, group warns (3-23-20)
• Immigrants Afraid to Seek Medical Care for Coronavirus (3-18-20)
• It’s not access to face masks that should worry us about coronavirus — it’s America’s nursing shortage (3-13-20)

DHS and CBP

Non-essential travel across the US-Canadian and US-Mexican borders is prohibited until January 21, 2021.

CBP defines “non-essential” travel as travel that is considered tourism or recreational in nature, which includes sightseeing, gambling and attending cultural events.

“Essential” travel that may continue across the borders under the new restrictions includes, but is not limited to:

• U.S. citizens and lawful permanent residents returning to the United States
• Travel for lawful cross-border trade (e.g. truck drivers carrying cargo)
• Travel to work in the United States
• Travel for medical purposes (e.g., to receive medical treatment in the United States)
• Travel to attend educational institutions
• Travel for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to assist government efforts to respond to COVID-19 or other emergencies)
• Travel by members of the U.S. Armed Forces, and their spouses and children, returning to the United States
• Other forms of travel as determined by the CBP on a case by case basis

• COVID-19 (DHS)
• Latest News and Press Releases
• E-Verify Extends Timeframe for Taking Action to Resolve Tentative Nonconfirmations
• Weekly Update: DHS Response to COVID-19 (4-06-20)
• Joint DHS/EOIR Statement on MPP Rescheduling (4-01-20)
• Extension of REAL ID Enforcement Deadline (3-26-20)
• DHS Initiating Crucial Research to Mitigate COVID-19 (3-25-20)
• Joint Statement on US-Canada Joint Initiative: Temporary Restriction of Travelers Crossing the US-Canada Land Border for Non-Essential Purposes (3-20-20)
• Joint Statement on US-Mexico Joint Initiative to Combat the COVID-19 Pandemic (3-20-20)

USCIS

USCIS staff will continue to perform duties that do not involve contact with the public. However, USCIS will provide emergency services for limited situations. To schedule an emergency appointment contact the USCIS Contact Center.

• USCIS Response to the Coronavirus (COVID-19)
• USCIS Office Closings
• USCIS Contact Center
• USCIS Extends Flexibility for Responding to Agency Requests (12-18-20)
• Injunction of the Inadmissibility on Public Charge Grounds Final Rule
• USCIS Extends Flexibility for Responding to Agency Requests to July 1, 2020 (5-01-20)
• USCIS Offices Preparing to Reopen on June 4 (4-24-20)
• Amend Certain H-2A Requirements (4-15-20)
• COVID-19 Delays in Extension/Change of Status Filings (4-13-20)
• USCIS Announces Delays in Processing FY 2021 H-1B Cap Petitions (4-13-20)
• USCIS Temporary Office Closure Extended until at least May 3 (4-01-20)
• USCIS will reuse previously submitted biometrics in order to process valid Form I-765 EAD extension requests (3-30-20)
• USCIS Announces Flexibility for RFEs and NOIDS (3-27-20)
• USCIS Temporary Office Closure Extended until at least April 7 (3-20-20)
• USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions (3-20-20)
• USCIS Temporarily Closing Offices to the Public (3-18-20)
• US Immigration Offices Are Going To Temporarily Close Due To The Coronavirus Pandemic

Department of Labor

Through June 30, 2020, the Department of Labor Office of Foreign Labor Certification will send approved permanent labor certifications by email, in response to the COVID-19 pandemic. After receiving the certified Form ETA-9089 by email, the form must be printed, and then signed and dated by each of the following prior to filing the Form I-140 with USCIS: the foreign worker, preparer (if applicable), and the employer. USCIS may consider this printed Form ETA-9089, containing all signatures, as satisfying the requirement that petitioners provide evidence of an original labor certification issued by DOL.

• US Department of Labor – Coronavirus Resources
• OFLC Announces Extension of Issuance of Electronic PERM Labor Certifications Through September 30, 2020 (6-16-20)
• COVID-19 FAQ – Round 4 (6-03-20) – Round 1, Answer to Question 3 Rescinded and Replaced
• COVID-19 FAQ – Round 3 (4-09-20)
• Temporary Rule: Paid Leave under the Families First Coronavirus Response Act (4-01-20)
• COVID-19 FAQ – Round 2 (4-01-20)
• OFLC to Issue Electronic PERM Labor Certifications in Response to COVID-19 (NAFSA – 3-24-20)
• COVID-19 FAQ – Round 1 (3-20-20)

Department of State

US Embassies and Consulates in the following countries have cancelled most immigrant and nonimmigrant visa appointments until further notice. However, persons who urgently need to travel to the US may request an emergency visa appointment.

• Coronavirus Disease
• Websites of US Embassies, Consulates, and Diplomatic Missions
• Ask NVC
• Temporary Pause of International Exchange Programs Due to COVID-19 (3-12-20)
• Passport Operations in Response to COVID-19

EOIR – Immigration Courts and BIA

• Update of EOIR’s policies regarding signatures on documents filed with EOIR (4-03-20)
• Joint DHS/EOIR Statement on MPP Rescheduling (4-01-20)
• EOIR Operational Status During Coronavirus Pandemic

ICE

On March 18, ICE announced:

“ICE Enforcement and Removal Operations (ERO) will focus enforcement on public safety risks and individuals subject to mandatory detention based on criminal grounds. For those individuals who do not fall into those categories, ERO will exercise discretion to delay enforcement actions until after the crisis or utilize alternatives to detention, as appropriate.”

and

“ICE will not carry out enforcement operations at or near health care facilities, such as hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities, except in the most extraordinary of circumstances. Individuals should not avoid seeking medical care because they fear civil immigration enforcement.”

• ICE announces extension, new employee guidance to I-9 compliance flexibility (3-31-21)
• ICE announces extension to I-9 compliance flexibility (1-27-21)
• ICE Guidance on COVID-19
• ICE announces extension to I-9 compliance flexibility (12-23-20)
• ICE announces another extension to I-9 compliance flexibility (8-18-20)
• ICE announces extension of flexibility in rules related to Form I-9 compliance (5-14-20)
• ICE Pauses Most Immigration Enforcement Amid Coronavirus Outbreak
• Updated ICE Statement on COVID-19
• News Releases
• Social Media