Changes to H1-B Petition Submissions During COVID-19

USCIS recently just made some changes to the H1B petition submissions due to the COVID-19 situation that erupted earlier this year. Apparently, there was a policy memorandum that accepted reproduced signatures on every petition for H1B submitted after the date of March 21, 2020. Because social distancing is promoted, USCIS closed all its Application Service Centers and field offices, to prevent the spread of the virus. Therefore, reproduced signatures are a solution to this. How does this work, though?

What Is COVID-19?

COVID-19 is a virus that first started making victims in China, at the end of 2019, until it started spreading all over the world. The disease is caused by a newly discovered coronavirus.

People who contract the virus are usually starting to have respiratory problems, but mild ones for the most part. However, older people or people who have other existing medical issues such as chronic respiratory disease, cardiovascular disease, cancer, diabetes, or others are more prone to getting the virus and having worse symptoms.

The new coronavirus spreads easily, which is what makes it so dangerous. It can spread either through nasal discharge or droplets of saliva, which spread when an infected person sneezes or coughs.

No specific vaccines or treatments are available at the moment – that’s why so many insist on practicing social distancing. There are indeed some clinical trials going on, which take a look at possible treatments, but it takes time. In the meantime, people need to take the proper precautions to prevent it from spreading. These include staying inside as much as possible, washing your hands frequently, using an alcohol-based rub, and not touching your face. If you cough or sneeze, you should do it into a flexed elbow instead of the hand.

“Reproduced” Signatures for H1B Petitions Submissions

During the National Emergency, it is not possible to go to a USCIS office since all of them are closed due to the coronavirus. But because they understand the importance of the H1B visa, they came up with a solution: they will accept photocopies, faxes or scans of the Form I-129, Petition for Nonimmigrant Worker. However, the copy you provide must be of the actual, original document. A handwritten signature needs to be on the document. During this period, USCIS will accept such electronically reproduced signatures.

Keep in mind, though – this is nothing but a temporary change and is only available when it comes to signatures. For all the other instructions of the form, they will stay the same when you complete your Form I-129. Once this threat of the virus goes away, everything will return to normal.

Temporary Rule Specifics

If you want to know exactly what the new temporary rule includes, here are some specifics:

• USCIS has the right to deny your document or form in case they determine that you have an invalid signature.
• The original signature has to be signed by the beneficiary and should be a “wet” signature. If you use any signature created by a stamp, auto-pen, typewriter, word processor, or anything of the sort, it is USCIS’s right to reject your document.
• In some instances, your document may be accepted for initial adjudication, but as soon as USCIS notices the signature is missing or is not valid, they have the right to deny your request.
• You also need to be aware that in case the signature you provided is deemed insufficient when you submit your document, then you will not have another chance to fix it and amend the document for USCIS, as they will not allow you to.
• USCIS has all rights to reject someone’s submission if the original wet signature has not been provided.
• You should own copies of the original documents with the “wet” signature because there may be moments when USCIS will ask for the original documents.

How COVID-19 Is Affecting H1B Visa Holders

COVID-19 can have huge impacts on H1B visa holders and it puts many of them at great risk. First of all, the new H1B visa process is delayed, and many receive their receipt numbers later or have their processing take longer. Those who already had an H1B visa may have lost their job, which puts them at risk of losing status. On the bright side, though, remote workers have more time to submit their LCA.

New H1B Visas Delayed

COVID-19 greatly affects the H1B visa process. Because so many services have closed, including the United States Citizenship and Immigration Services, there may be delays when it comes to getting your H1B visa.

The processing is the most affected part. H1B processing is much slower, and H1B premium processing has been suspended. Because of that, all applicants for the worker visa will have to wait much longer to receive their H1B and start working legally.

The receipt number generation is delayed as well. You normally receive a receipt notice when you file an H1B petition, but it may take longer to receive it right now. There are also delays to H1B case status updates, as well as delays to H1B petition transfers.

Whereas there are so many delays to deal with, you will just have to wait a little longer until the approval of your visa, so there’s no need to worry. If you filed the petition on, or after April 1^st, 2020, then you shouldn’t be worried if you didn’t see any receipt notice yet. Although the delay was supposed to last until May 1^st, it may take a little bit longer, so you just have to wait.

Remote Work for H1B Visa Holders

Regarding remote work for H1B visa holders, you would usually have to post the LCA on or before you start working. Now that COVID-19 is putting a stop to everything for a while, things will be a little different. The virus “relaxed” the rule a bit. As a result, you can make the LCA posting within 30 days after you start working on your new worksite location. The location could be, for example, your own house. But while the rule is relaxed, you should still make sure to submit the LCA before the 30 days are over and post it no later than that.

In addition, the 20 CFR 655.735 requirements should be met for short-term placements.

COVID-19 H1B Layoffs

President Donald Trump declared a state of National Emergency earlier this year, on March 13, 2020. As a result of the measures, a lot of people are affected, especially H1B visa workers. Basically, these people have been left jobless because of the situation, and they need a job in order to keep their status.

Finding a new job could be a solution to the problem, but there’s another issue – nobody is hiring. Because there are so many layoffs, barely anyone will consider hiring new employees, which is what puts so many H1B visa holders at risk of losing their status. Over 120,000 H1B visa owners might be sent back to their home country as a consequence.

What’s worse is that this is affecting their health insurance as well, considering they are not employed anymore.

Conclusion

COVID-19 affects everyone, but no one is as affected as immigrants and H1B visa owners. If you’re someone who applied for a visa or owns one, you should know what’s going on and why everything is a train wreck at the moment. We hope this information eliminated your confusion.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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