Coronavirus and immigrants: what holders of work visas need to know during a pandemic

Coronavirus quarantine created many problems for immigrants. Those who are in the United States on work visas are faced with many questions and troubles. On how to solve them, the site writes. Workpermit.

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The United States has been hit hard by coronavirus. The United States currently has the largest number of COVID-19 cases in the world and the largest number of deaths. According to data on the evening of April 16, nearly 650 people in the United States became infected with coronavirus, and deaths exceeded 000.

The economy was also hit hard, many businesses were forced to shut down, and unemployment rose sharply. One of the most affected by the crisis is the immigrant community, consisting of workers and working students.

Many holders of H1B and L1 work visas, as well as foreign students, were in limbo, because the closure of businesses and universities, combined with travel restrictions, caused uncertainty and questions regarding the fulfillment of their conditions of stay in the United States.

Visas H1B and L1

Holders of work visas H1B and L1 are in a particularly difficult situation. Under the administration of US President Donald Trump, the number of refusals to issue H1B visas reached a record high, which creates serious problems for those who were denied this type of work visa, especially if he is already in the United States under this program and the previous visa expires.

According to the current immigration rules in the United States, an H1B visa is initially issued for three years with the possibility of extension for another period. To apply for a visa extension, the H1B holder usually needs to leave the country and then re-enter with the extended visa.

However, according to Linden Melmed, a former adviser to the US Citizenship and Immigration Services (USCIS), many employers are now banning travel within the US and abroad, and the US government recommends not traveling to certain countries due to an outbreak of coronavirus.

This creates a problem, because if an H1B visa is refused, the immigrant, while staying in the United States, will violate American immigration laws, despite the fact that due to restrictions introduced in the world, he may not be able to leave the country. A similar scenario is for visa holders of category L1.

In this situation, USCIS extends the H1B and L1 visas for almost all employees already in the United States, unless they have seriously violated any US laws.

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Companies are also calling on USCIS to facilitate the reapplication of these visas without forcing an employee to leave the United States. The Indian government recently called on the Trump administration to extend H1B visas for all Indian citizens in the United States until the end of the coronavirus crisis.

Fear of Remote Work for US Visa Holders

A key concern for companies that employ foreign nationals, as well as for H1B and L1 visa holders, is how remote work will affect their conditions of stay in the country. However, USCIS has taken steps to reassure employers and employees that changes to immigrants' Labor Condition Applications (LCAs) are not necessary.

No changes should be made, provided that the employee continues to work in the same capacity, perform the same duties, being within no more than a few hours drive from his workplace specified in the original H1B or L1 visa application and in the LCA.

Provided that the employee at home performs approximately the same duties as at the workplace, a new contract on working conditions is not necessary.

L1 visa for staff transfer

The transfer of employees from abroad to a branch in the United States takes place on an L1 work visa. And with this category of visas, there were also problems for employers and workers against the background of the coronavirus.

Due to the fact that most US consulates and embassies around the world canceled all visa interviews from March 16 until further notice, US companies will have to rely only on USCIS assistance until resuming services at consulates and embassies. This creates delays in obtaining and renewing such visas.

Student visa F1

The United States Immigration and Customs Control (ICE) has encouraged students who have come to the country with M and F visas to comply with their conditions of stay in the United States. The agency said: "Changes in workplace requirements may affect the ability of immigrant students to take practical training." Students with such visas are allowed to work, but for a limited amount of time, but teleworking makes it difficult to track the implementation of these requirements.

“The SEVP [Exchange Student Program] encourages such students to consult with their employer to find alternative ways to comply with their training agreements,” ICE added.

The ICE also stated that in connection with the coronavirus, they "intend to be flexible with regard to international students." In a message published March 9, 2020, The agency said: “We recognize that the COVID-19 crisis is rapidly changing. For this reason, SEVP does not require prior notice of procedural changes to training conditions, enabling educational institutions to comply with state or local emergency declarations. ”

Nevertheless, The Office emphasized that any procedural changes should be reported to SEVP within 10 business days after the introduction of these changes.

Form I-9 (U.S. Employment Check)

As the government developed the coronavirus control manual, the United States Department of Homeland Security (DHS) announced on March 20, 2020 the introduction of more flexible requirements to validate Form I-9.

DHS said in a statement that “in the event that an employer is forced to close an enterprise due to a coronavirus, he will be allowed to check employees' documents remotely. The audit may be carried out by video, fax and e-mail or other similar methods. ”

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The department emphasized that employers must keep copies of all documents that need to be checked remotely, within three business days from the first day when the employee starts work.

The DHS statement added: “Within 3 business days after the resumption of normal work, employers will have to physically verify the original documentation.”

“Employers will then be required to make a specific note in the Additional Information field in Section 2 of Form I-9 that “documents have been physically verified” with the appropriate date of verification and “COVID-19” as the reason for the delay in physical verification. . The same procedures apply to revalidate documents in Section 3 of Form I-9,” DHS explained.

According to DHS, remote document verification is only applicable to employees who currently work remotely. If an employee continues to be present at the workplace, there are no exceptions to verify the employee’s identity and his right to work in the United States personally by looking at the original documents.

However, DHS stated that if an employee is quarantined, the circumstances of his case will be considered separately in each case.

Work visas H-2A

The Department of Homeland Security, in conjunction with the US Department of Agriculture (USDA), announced a temporary change to some requirements for H-2A work visa recipients to help US farmers avoid disruptions, protect food supply chains and reduce the impact of coronavirus and emergency on public health . This is stated in the message on the site Citizenship and Immigration Services (USCIS).

These temporary changes will not weaken or eliminate the protection of US workers.

According to the innovation, an employer with a valid labor certificate, who is worried that his potential workers from another country will not be able to enter the United States due to travel restrictions, can hire immigrants who are already in the United States under the H-2A visa program. before USCIS decides to issue them an H-2A visa to work with the new employer. However, such an employee may start work no earlier than the date of employment specified in the visa application. To take advantage of this time-limited change in regulatory requirements, foreign workers who are in the United States under the H-2A visa program and who wish to change their employer can take advantage.

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In addition, USCIS temporarily amends its rules to allow H-2A visa holders to stay in the country for more than three years, which is the maximum period of stay in the United States under this visa program. The USCIS noted that this is being done to protect the country's food supply chain.

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