Many visitors and temporary workers are facing expiration of their authorized periods of stay in the United States at the same time they are being advised by employers, family, friends and health care providers to limit their exposure to crowded venues such as airports and airplanes.  In addition, some have been immobilized by government-imposed quarantines or travel restrictions. The following is a summary of US Citizenship and Immigration Services (USCIS) guidance posted on April 13, 2020, for nonimmigrant visa holders and Visa Waiver visitors who find themselves unable to timely depart the United States, and supplements Mayer Brown’s March 30 Legal Update “Guidance for Visa Holders and Visitors to Seek Additional Time in the United States Because of COVID-19 Travel Restrictions.”

Continue Reading Multiple Courses to Seek Additional Time to Remain in the United States During COVID-19 Travel Restrictions

Over the past two weeks, US agencies with immigration regulatory authority have issued new guidelines to ease employer obligations while employees stay home during the COVID-19 national emergency.  In addition, accelerated filings review has been restricted. The announcements are summarized below.
Continue Reading COVID-19 Leads US Immigration Agencies to Ease Burdens for I-9 and E-Verify, Wet Signatures, In-Person Appointments, Responses, While Also Suspending Premium Processing

On Friday, March 20, 2020, the US Department of Homeland Security (DHS) announced a virtual verification process that an employer may adopt as a temporary measure when onboarding employees who are located remotely during the COVID-19 national emergency. This temporary measure, which will be available to employers for a period of 60 days from the date of the notice (i.e., through May 19, 2020) or up to 3 business days of the termination of the national emergency, whichever comes first, supplements existing law that allows employers to onboard remote hires through the use of an authorized agent.
Continue Reading Remote Verification of New Hires Allowed for Employers to Meet I-9 Obligations During The COVID-19 National Emergency

As the novel Coronavirus pandemic (COVID-19) prompts such workplace responses as “work from home” arrangements, lockdowns and “skeleton crew” operations, among others, employers in countries that require right to work (RTW) validation are facing logistical challenges in onboarding new employees. Authorities in some countries permit the employer to designate a responsible adult to serve as the employer’s agent for purposes of an in-person review of RTW documentation submitted by the new employee. Others allow for the review of scanned documents to be followed by the standard in-person review when operations return to normal. Still others have created government-administered online portals for purposes of validating certain specified RTW documents.

The following is a sampling of practical approaches employers can adopt to fulfill RTW validation requirements remotely during the current pandemic.
Continue Reading Right To Work Validation While COVID-19 Encourages – or Mandates – Work From Home