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Writer's pictureImmigration Law Secion

Your Immigration Status Amidst COVID-19

It only took an unprecedented global pandemic to highlight and emphasize the fractures in our broken and outdated immigration system. In a world’s economy that thrives on global mobility, many wonder, and rightfully worry, if the various government agencies will put measures in place to soften the blow that typically comes with visa violations, status violations, failure to adhere to compliance requirements – all of which are reasonably expected during these bizarre times.


Global Mobility:


For many international companies, and those that work along the supply chain, global mobility is understood and expected. What was not expected was the closing of borders and heightened travel restrictions across the globe. As soon as information became readily available about the novel coronavirus, President Trump announced on January 31st the travel restrictions for those coming from China. Those restrictions were then extended to Iran on February 29th, followed by additional travel bans. On March 11th, President Trump announced the travel bans related to Schengen Area (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), and then later added the United Kingdom and Ireland to that travel ban list on March 14th. Then we had the announcement of the closing of both our Northern and Southern borders, suspending all non-essential travel between US, Canada, and Mexico.


If you are an employer that is currently sponsoring foreign national employees, you should be discussing compliance and any mitigating strategies with your attorney. 


Employer Concerns:


With shelter-in-place orders across the country and globe, many businesses and industries have shut down all together. Layoffs and furloughing of employees are happening en masse, but employers must be aware of their obligations as it relates to sponsored foreign national employees. Even in industries and with companies that can adapt and have employees work from home remotely, for H-1B employers, work locations are controlled and dictated by what is provided on the Labor Condition Application (LCA) and H-1B petition. While there are provisions allowing for some flexibility so long as the home office is within “commuting distance”, many circumstances will still require an amended LCA and/or petition with USCIS. Then there is the prevailing wage requirement that does not go away or disappear.

In the event there are terminations, employers have to ensure they properly document and notify the parties involved and follow any related procedures which may include facilitating the employee’s return to their home country.


At least one employer obligation has been addressed and that is the requirement for in-person examination of documents for I-9 verification (DHS announcement).


Employee Concerns:

On the flip side, employees that are here via employment sponsorship have to do their best to ensure they are complying on their part. If facing termination, they need to get proper counsel regarding grace periods and perhaps filing a change of status application to another visa category or finding another employer to sponsor them.

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