While the Novel Coronavirus pandemic has badly hit the travel, tourism and hospitality sectors, tens of thousands of H1B visa professionals are not exempt to the socioeconomic impact of COVID19. A slew of back-to-back directives including the US-Canada border closure, the US government’s ban on flights from/through EU countries, India’s entry restrictions for those from/through EU nations, Emirates Airlines’ suspension of all flights starting March 25, and likes has left many H1B visa holders stranded in India.
With the shelter-in-place order imposed in San Francisco, New York and other major cities, and with a state of emergency announced in some parts of the US, H1B visa holders have found themselves confronted by such concerns over the COVID19 crisis as whether they can work from home, whether they can claim unemployment benefits in the Trump regime, whether they can seek a grace period in their status post visa expiration…..
A growing anxiety over the nearing visa expiration dates, in times of the Coronavirus pandemic, is palpable in the US employment visa community. Caught between the impending H1B visa expiration dates and possible economic downturn in the aftermath of the global COVID19 crisis, many foreign nationals including Indians are seeking a 180-day extension of their authorized period of stay in the I-94 form. Currently, those employed on the H1B visa are legally eligible for a 60-day stay post expiration of their visa terms.
However, there is some relief for those who receive a RFE (request for evidence) or NOID (notice of intent to deny) between March 1 and May 1, 2020. In response to the COVID19 landscape of emergencies, shutdowns and restrictions, USCIS has announced a 60-day grace period for them to respond to RFEs and NOIDs after the response deadline expires. The federal immigration agency has also hinted at relaxing its stringent policies in a bid to protect the immigrant community workforce in accordance with the situation in the coming months.
Immigration Voice, a nonprofit representing H1B and L1 visa communities in the United States, has managed to get a visa-related provision placed in the House of Representatives’ ‘Coronavirus Phase 3’ bill. The provision seeks to make employment authorization documents and visa renewal petitions valid for an extension in the period of time. Immigration Voice is now trying hard to get the provision incorporated in the Senate package for the COVID19 relief.
Other immigration nonprofits and attorneys are urging those, who are on the verge of employment visa validity expiration, to call their state senators and mobilize their support for the provision to pass in the Senate.
The provision introduced by Immigration Voice reads, “In view of the indefinite closing of USCIS offices and U.S. embassies and consulates around the world, all existing lawful immigration statuses and EADs will be automatically extended for 1 year from the date the legislation is enacted. As per the current language, if you have an H4 EAD, it will be extended for a year. If you have an H-1B about to expire, it will be renewed and you can remain here even if furloughed until the crisis is over.”
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This is really great. it will help to add L1 and L2 EAD in the same as well.
does that bill include OPT EAD as well? or it is just for H1 EAD !!