DHS: Delays in Filing Extension and Change of Status Petitions Due to the COVID-19 Pandemic

The Department of Homeland Security (DHS), in response to the immigration-related challenges resulting from the coronavirus (COVID-19) pandemic, has issued additional information about filing extension and change of status petitions for those who “may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19.” DHS states that in general nonimmigrants must depart the US before their authorized period of admission expires, but if that is not possible because of reasons related to COVID-19, nonimmigrants should note the following:

Applying for an Extension: DHS first notes that many nonimmigrants can mitigate the immigration consequences of COVID-19 by timely filing an application for extension of stay (EOS) or change of status (COS). US Citizenship & Immigration Services (USCIS) is currently accepting and processing applications and petitions, and some forms are available for online filing.

Read more

Increased Denial Rates for H-1B and L-1s

H-1B denial rates in the US are reaching high levels compared to previous years, and  L-1 visa applicants are facing challenges with renewals at the US/Canada border, according to recent reports. Data released through the H-1B Employer Data Hub from US Citizenship & Immigration Services (USCIS) shows that denial rates for initial H-1B petitions between FY 2010 and FY 2015 never exceeded eight percent, and today the rate is three to four times higher at thirty-two percent, analysis from The National Foundation for American Policy (NFAP) shows.

Read more