HEALTHCARE PROFESSIONALS WITH AN APPROVED IMMIGRATION PETITION SHOULD CONTACT THEIR NEAREST US EMBASSY OR CONSULATE

The US Department of State has issued a statement that all medical professionals, particularly those working to combat Covid-19, should contact their nearest US Embassy to request a visa appointment.  If you are a medical professional and have an approved I-129, I-140 or other immigration petition, you should contact the US Embassy or Consulate nearest to you to schedule a visa appointment as soon as possible.  Even if the Embassy is currently closed to routine interviews, an interview may be granted for a medical professional. 

The medical professional with an approved I-140 must have a current priority date.

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.  Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

Interviews and In-Person Appointments: As of March 18, 2020 the USCIS has suspended all in-person services until at least April 1, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures.  For forms that require an original “wet” signature, including the I-129, I-140, and I-485, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  As resources allow, embassies and consulates will continue to provide emergency services. Appointments and interviews will resume as soon as possible. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel.  US Citizens who do not live in the United States should arrange for immediate return to the US or prepare to remain abroad for an indefinite period of time.  Many countries are experiencing COVID-19 outbreaks and are implementing travel restrictions, quarantines, and closed borders.

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials. 

On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

UPDATE ON MU’s RESPONSE TO THE COVID-19 CRISES

As you may have heard, the State of Ohio has issued a Stay At Home Order.  This Order compels all non-essential businesses to close through April 6, 2020.  Under the Order, “Legal Services” is an essential business and therefore allowed to operate.  Accordingly, MU will remain open although we have increased our work from home program for all employees.

The health and safety of our staff is of primary importance.  We believe that by increasing our employee’s ability to work from home, we can continue to timely file all petitions and be as responsive as ever to client’s needs and concerns.  We hope that all MU clients and friends continue to stay safe during this extraordinary time.

USCIS SUSPENDS PREMIUM PROCESSING FOR I-140 AND I-129 PETITIONS

From the USCIS Press Release:

“U.S. Citizenship and Immigration Services today announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Coronavirus Disease 2019 (COVID-19).

Effective today, March 20, 2020, USCIS will not accept any new requests for premium processing. USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria. However, we will not be able to send notices using pre-paid envelopes. We will only send batch-printed notices. Petitioners who have already filed a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Workers, using the premium processing service and who receive no agency action on their case within the 15-calendar-day period will receive a refund, consistent with 8 CFR 103.7(e). We 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 but not yet accepted.

This temporary 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.

This includes new premium processing requests for all H-1B petitions, including H-1B cap-subject petitions for fiscal year 2021, petitions from previous fiscal years, and all H-1B petitions that are exempt from the cap. USCIS previously announced the temporary suspension of premium processing for FY 2021 cap-subject petitions and tentative dates for resumption of premium processing service. This announcement expands upon and supersedes the previous announcement.”

IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service: As of March 18, 2020 the USCIS has suspended all in-person services until at least April 1, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.

USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.

Emergency appointments and services will be provided by the USCIS in limited situations. 

Department of State: Most US Embassies have also suspended interviews in an effort to slow the spread of Covid-19.  You can find country specific information from the US Department of State about Covid-19 here.

Travel Restrictions:  Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;

• Spouses of US Citizens and Lawful Permanent Residents;

• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;

• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;

• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and

• Other certain foreign government and health officials. 

On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

USCIS TEMPORARILY SUSPENDS PREMIUM PROCESSING FOR FY2021 CAP-SUBJECT PETITIONS

The USCIS will temporarily suspend H-1B Cap petitioner’s ability to use the premium processing service.  On or before May 27, 2020, USCIS will resume processing for cap-subject H-1B petitions who hold F-1 student nonimmigrant status.  This will allow F-1 students first priority at the premium processing service. 

USCIS will allow all other cap-subject H-1B petitions to use the premium processing service no later than June 29, 2020. 

MUSILLO UNKENHOLT’S RESPONSE TO THE CORONAVIRUS

Musillo Unkenholt LLC continues to monitor the Coronavirus (COVID-19) situation closely and how it may impact our teams, clients, and operations.  The health and safety of our staff is of primary importance.  Here in Ohio, the governor has taken the extraordinary step of not only closing all schools, but also closing all restaurants and bars.  The experts are telling us that the one thing that we can all do to fight the spread of this disease is to reduce social contact.

Similar to many of the unprecedented changes taking place here in Ohio and across the globe, MU is enacting a new work policy aimed at reducing social contact. 

Starting Tuesday March 17, we are asking all employees to mainly work from home.  Employees will come to the office in 2-hour daily shifts in order to photocopy, scan, print, and file immigration petitions.  By reducing our employees contact with each other by two-thirds, MU is doing our part to emphasize social distancing.

Employees will still be working regular hours and so while some inefficiencies are inevitable, rest assured that all petitions will be timely filed, with priority given to urgencies and legal deadlines.  We hope that all MU clients and friends stay safe during this unprecedented time.

IF YOU FEEL ILL, RESCHEDULE YOUR APPOINTMENT WITH USCIS

The USCIS has indicate that there will be no penalty for rescheduling appointments due to illness because of the COVID-19 outbreak. 

If you become ill for any reason, even if you were not exposed to COVID-19, USCIS advises that you do not attend your appointment at a USCIS office. You should follow the instructions on your USCIS appointment notice to reschedule an appointment with the USCIS. 

You should reschedule your USCIS appointment if you:

• Were in any country designated as a "level 3" by the Centers for Disease Control and Prevention (CDC) within 14 days of your appointment;
• Believe that you may have been exposed to COVID-19 (even if you were not in a level 3 country);
• Are experiencing flu-like symptoms (such as a runny nose, headache, cough, sore throat or fever). 

USCIS wants to ensure the safety of foreign nationals and USCIS employees.  There is no penalty if you reschedule your appointment at this time.

MASSIVE CHANGES TO IMMIGRANTS CEAC STATUS FROM ADMINISTRATIVE PROCESSING TO REFUSED

The DOS’ CEAC webpage underwent a massive terminology change.  As of March 5, 2020, all CEAC status that had said “Administrative Processing,” now says “Refused.”  According to an update on the DOS’ CEAC website indicates that this is a termination change that is not an actual change to anyone’s visa applications’ status.

From their webpage: “There has been no change in such applicants’ actual cases. This is an administrative change to more accurately communicate case status to applicants.”

Here is the full statement:

Visas: CEAC Case Status Change

Last Updated: March 5, 2020

On March 3, 2020, the Department of State made an update to the Consular Electronic Application Center (CEAC) website, our online portal for visa applicants. A visa applicant whose case previously displayed as being in “Administrative Processing” on his or her case status page now displays as being “refused.”

There has been no change in such applicants’ actual cases. This is an administrative change to more accurately communicate case status to applicants.

Visa applicants whose case status on CEAC had previously displayed as “Administrative Processing” had been refused under section 221(g) of the U.S. Immigration and Nationality Act (INA).

Although some refusals under INA section 221(g) can be overturned, the change in the CEAC correctly reflects that the applicant’s visa application has been refused.  That status may change if the applicant can demonstrate to a consular officer he or she is eligible for a visa or if information comes to the attention of the consular officer from other sources that resolve any outstanding issues relating to the applicant’s eligibility for the visa.

The applicant should refer to the instructions the consular officer gave at the end of the visa interview and to travel.state.gov/visas for more information about his or her case.