Weekly Immigration Update: August 14-20, 2020

In immigration news this week:

• Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and quarantine measures, and many have implemented extension policies and other concessions. Visit Fragomen’s coronavirus-related news page for the latest immigration updates.
• United States: USCIS ran a second H-1B cap lottery after the FY2021 quota of 85,000 was not reached during the initial filing period. Employers whose H-1B registrations were selected in the second drawing will have from August 17 to November 16, 2020 to submit their petitions. Due to COVID-19-related delays in the production of employment authorization documents (EADs), USCIS announced that under certain conditions, employers may accept through December 1, 2020 an EAD approval notice as a List C document when establishing employment verification in the I-9 process. In connection with the COVID-19 pandemic, U.S. Immigration and Customs Enforcement is extending its remote I-9 document inspection policy through September 19 and its border restrictions permitting only essential travel across the U.S.-Mexico and U.S.-Canada borders through September 21.
• Ireland: The government is automatically renewing all immigration permissions expiring between August 20 and September 20 for an additional month, and the Department of Justice Registration Offices will temporarily close again due to the COVID-19 pandemic.

These items and other news from the Dominican Republic, Israel, and the United Arab Emirates follow in this edition of the Fragomen Immigration Update.

Important Updates in Immigration This Week

United States, August 20, 2020

USCIS Issues Temporary I-9 Verification Accommodations Due to EAD Production Delays

• Through December 1, 2020, employers may accept an Employment Authorization Document (EAD) approval notice as a List C document when establishing employment verification in the I-9 process.
• Only approval notices issued on or after December 1, 2019 and through and including August 20, 2020 will qualify under this accommodation.
• For employment authorization to continue after December 1, 2020, employers must reverify employees with new evidence of employment authorization. EAD approval notices will not be accepted after this date. 

To view entire article, click here.

Ireland, August 19, 2020

Extension of Immigration Permissions and Temporary Re-Closure of Registration Offices

• Due to issues arising from the COVID-19 pandemic, the Department of Justice announced that the Dublin Burgh Quay Registration Office and Registration Offices outside of Dublin will temporarily close again, effective immediately.
• Additionally, the government is automatically renewing all immigration permissions (including Irish Residence Permit cards, passport stamps and previously extended permissions) due to expire between August 20 and September 20 for an additional month on the same basis as the existing permission.

To view entire article, click here.

United States, August 19, 2020

U.S.-Canada and U.S.-Mexico Land Border Restrictions Extended Through September 21

• CBP border restrictions permitting only essential travel across the U.S.-Mexico and U.S.-Canada borders will be extended through September 21. The restrictions do not affect air travel.
• Essential travel includes travel by U.S. citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among others.  
• Visa Waiver and other business travelers may face additional scrutiny at the border. 
• “Non-essential travel” at land borders is not permitted, which includes travel that is considered tourism or recreational in nature.

To view entire article, click here.

United States, August 19, 2020

September 2020 Visa Bulletin: No Movement in Most Employment-Based Categories, Slight EB-1 and EB-5 Advancement

• EB-1 China and EB-1 India will advance by almost three weeks to March 1, 2018. 
• EB-2 China will remain at January 15, 2016, and EB-2 India will remain at July 8, 2009.
• EB-3 Worldwide will remain at April 1, 2019, EB-3 China will remain at February 15, 2017, and EB-3 India will retain its October 1, 2009 cutoff date.
• EB-5 China will advance by one week to August 15, 2015 and EB-5 Vietnam will advance by more than one week to August 1, 2017.

To view entire article, click here.

United States, August 18, 2020

ICE Further Extends Interim COVID-19 Protections for Form I-9 Compliance Through September 19

• Due to the ongoing COVID-19 emergency, U.S. Immigration and Customs Enforcement is extending its remote I-9 document inspection policy for an additional 30 days, through September 19, 2020.
• Eligible employers will not be required to review I-9 identity and employment authorization documents in the employee’s physical presence until the interim policy expires or until 3 days after the COVID-19 emergency is over, whichever comes first.
• The relaxed policy only applies where company employees are working remotely due to the COVID-19 emergency.

To view entire article, click here.

United States, August 14, 2020

USCIS Runs Second Lottery to Select More FY 2021 H-1B Cap Cases

• Earlier today, employers began receiving USCIS notifications that additional H-1B cap registrations were selected in a second FY 2021 lottery.

• The additional selection is taking place because USCIS did not receive enough H-1B cap petitions during the initial 90-day filing period to meet the 85,000 quota for FY 2021.
• Employers whose cases are selected in the second drawing have until November 16, 2020 to file petitions for their newly-selected registrations.

To view entire article, click here.

Other Weekly News Briefs

Dominican Republic: Government Transition to Cause Processing Delays – Immigration application processing is expected to be delayed for the next several weeks due to the transition to a new government. During the transition, the Ministry of Foreign Affairs and the General Immigration Directorate will continue to accept and process applications for visas, residence permits, changes of status, employment contract registrations and requests for document apostille and legalization, among others. Fragomen will monitor the situation and report on relevant changes as they occur.

Israel/United Arab Emirates: Agreement Reached to Normalize Relations – The governments of Israel and the United Arab Emirates reached an agreement to normalize relations between the two countries. As a result of the accord, bilateral treaties are expected to be forthcoming which would allow tourism, investment, and direct passenger flights between the two countries, as well as the opening of embassies and trading of ambassadors for the first time.

United Arab Emirates: Return Permit Requirement Eliminated for Residence Permit Holders – The Federal Authority for Identity and Citizenship (FAIC) announced the elimination of the return permit requirement for UAE residence permit holders seeking to return to the United Arab Emirates. Instead, these foreign nationals are advised to register their personal details through the FAIC’s electronic portal. Although this change was announced by the federal government, the elimination of the return permit requirement does not currently apply to foreign nationals with a residence permit for Dubai who must obtain a Return Permit approval prior to traveling to the UAE via Dubai. 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.