USCIS Extends Deadline To Fix Visa Apps Amid COVID-19

By Sarah Martinson
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Law360 (March 27, 2020, 5:25 PM EDT) -- U.S. Citizenship and Immigration Services is giving attorneys and businesses an extra 60 days to correct visa applications that triggered deficiency notices between March 1 and May 1 in light of the novel coronavirus outbreak, the agency said on Friday.

USCIS said that any requests for evidence or notices of intent to deny that were received 60 days after their deadlines will still be taken into account before the agency issues visa application decisions.

"USCIS is adopting several measures to protect our workforce and community, and to minimize the immigration consequences for those seeking immigration benefits during this time," the agency said.

The agency has taken a number of measures to address the impact of the COVID-19 pandemic on immigration proceedings, including holding off on fast-tracking visa applications and canceling in-person interviews.

Earlier this month, USCIS said its premium processing service that allowed employers seeking H-1B specialty occupation visas to pay extra to have their visa requests decided faster was temporarily suspended until May 27 at the latest.

The agency also announced that all face-to-face appointments and events, including asylum interviews and citizenship ceremonies, would be canceled in an effort to mitigate the spread of the coronavirus.

Employers also can now electronically review I-9 documents, which verify whether an employee is authorized to work in the U.S., if the business has implemented a teleworking policy due to the virus, USCIS said on March 20.

Immigration attorneys generally praised USCIS' changes for offering needed flexibility as U.S. cities issue shelter-in-place orders and law firms close their physical offices.

But in February, health care staffing company MedPro sued USCIS and the U.S. Department of Homeland Security, alleging that delays to H-1B visa processing for medical professionals has further exacerbated a shortage of much-needed health care workers during the coronavirus outbreak.

--Additional reporting by Suzanne Monyak and Hannah Albarazi. Editing by Nicole Bleier.

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