USCIS Will Accept Reproduced Signatures on All Applications and Forms for Filings Dated March 21, 2020 and Beyond Due to the COVID-19 Pandemic

On March 20, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that it will accept all applications, forms, and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020 and beyond until further notice due to the COVID-19 pandemic.

For forms that require an original “wet” signature per the form instructions, USCIS will accept electronically reproduced original handwritten signatures for the duration of the COVID-19 National Emergency.  

USCIS further advised that entities and individuals that submit documents bearing an electronically reproduced original signature must retain copies of the original documents containing the “wet” handwritten signature.  At its discretion, USCIS may request the original documents, which if not produced, could negatively impact the adjudication of the immigration benefit.

USCIS Suspends Premium Processing for ALL I-129 and I-140 Petitions Due to COVID-19 Concerns

On March 20, 2020, USCIS announced the immediate and temporary suspension of premium processing service for all I-129 and I-140 petitions until further notice due to COVID-19 concerns. Effective March 20, 2020, USCIS will not accept any new I-907 requests for premium processing. USCIS will process any petition with a previously accepted Form I-907, in accordance with the premium processing service criteria.  USCIS will notify the public with a confirmed date for resuming premium processing. 

USCIS will reject the I-907 and return the $1,440 filing fee for all petitions requesting premium processing that were mailed before March 20, 2020 but not yet accepted for processing by the agency.

This temporary premium processing suspension includes petitions filed for the following categories:

• I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2.

• I-140: EB-1, EB-2 and EB-3.

Please note, premium processing is now suspended for all types of H-1B petitions, including H-1B cap-subject petitions for fiscal year 2021, H-1B cap petitions from previous fiscal years, and all H-1B cap-exempt petitions.

DOS Suspends Visa Services at All U.S. Embassies and Consulates Worldwide

As of March 20, 2020, the Department of State is now suspending all routine visa services at ALL U.S. embassies and consulates worldwide, and all immigrant and nonimmigrant visa appointments as of March 20, 2020 will be cancelled.

DHS Announces Flexibility in Requirements Related to Form I-9 Compliance

Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19 concerns, the Department of Homeland Security (DHS) announced on March 20, 2020 that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA).  

Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence.  However, employers must inspect the Section 2 documents remotely (e.g., over video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2.  Employers also should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume.  

Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate.  These provisions may be implemented by employers for a period of 60 days from the date of this notice OR within 3 business days after the termination of the National Emergency, whichever comes first. 
 
Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee. This burden rests solely with the employers.
 
Once normal operations resume, all employees who were onboarded using remote verification, must report to their employer within three business days for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.  Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate.
 
Any audit of subsequent Forms I-9 would use the “in-person completed date” as a starting point for these employees only.
 
This provision only applies to employers and workplaces that are operating remotely.  If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.  However, if newly hired employees or existing employees are subject to COVID-19 quarantine or lockdown protocols, DHS will evaluate this on a case-by-case basis. Additionally, employers may designate an authorized representative to act on their behalf to complete Section 2.  An authorized representative can be any person the employer designates to complete and sign Form I-9 on their behalf.  The employer is liable for any violations in connection with the form or the verification process, including any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on the employer’s behalf.”
 
Effective March 19, 2020, any employers who were served Notices of Inspection (NOIs) by DHS during the month of March 2020 and have not already responded will be granted an automatic extension for 60 days from the effective date.  At the end of the 60-day extension period, DHS will determine if an additional extension will be granted.  
 
Going forward, DHS will continue to monitor the ongoing COVID-19 National Emergency and provide updated guidance as needed.  Employers are required to monitor the DHS and ICE websites for additional updates regarding when the extensions will be terminated, and normal operations will resume.

ImLaw will continue to provide significant COVID-19-related immigration updates as we receive them.