COVID 19 Update September 2020
Temporary measures in place to alleviate EAD production delays
USCIS has advised individuals will be permitted to rely, under a temporary measure, on their EAD Approval Notice as a “List C” document in respect of proof of employment authorization.
The concession will apply until December 1, 2020.
Certain stipulations, however, apply:
Applicants who opt to use an EAD Approval Notice as a “List C” document must also provide an identity document as required for “List B.”
The measure only applies to Form I-797 EAD Approval Notices issued between December 1, 2019 and August 20, 2020.
It is hoped the move will alleviate delays in production of employment authorization documents (EADs), stretching back to July this year.
On July 22, 2020, a class action lawsuit was filed against USCIS brought by 75,000 individuals whose applications were approved, but who never received employment cards. Without their EADs, the plaintiffs complained they were unable to begin employment.
In response to the lawsuit, USCIS will allow applicants to provide certain original Forms I-797, Notice of Action, verifying approval of their Form I-765, Application for Employment Authorization (EAD Approval Notice) as permissible List C documentation for Form I-9, Employment Eligibility Verification purposes.
Continued land border closures between US and Canada & Mexico
The temporary land border closures between the US and Canada and Mexico respectively will continue through October 21, 2020.
The border restrictions will remain in place for all ‘non-essential’ travel, which includes tourism or travel that is recreational in nature. Non-US national business travelers and Visa Waiver holders should expect additional scrutiny at the border.
Essential travel across the land borders continues to be permitted. This includes travel by US citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among others.
The border closures do not impact air travel.
US immigration advice
NNU Immigration is actively monitoring the impact of the pandemic on US immigration policy and application processing.
As the situation continues to develop, please contact our US immigration specialists for the latest advice for your specific circumstances.
This article does not constitute direct legal advice and is for informational purposes only.
Last updated: September 28, 2020
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law (AILA) and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with both US and UK operations to meet their workforce needs through corporate immigration.
Nita successfully acts for corporations and professionals, entrepreneurs, artists, actors, and athletes from across the globe, providing expert guidance on all aspects of US visa and nationality applications, and talent mobility to the USA.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
