AILA letter to Cuccinelli regarding USCIS coronavirus response

1. March 16, 2020
Kenneth C ccinelli
Senior Official Performing the D ties of the Director
U.S. Citi enship and Immigration Ser ices
Department of Homeland Sec rit
20 Massach setts A en e, NW
Washington, D.C. 20529
Re: USCIS Response to the Corona ir s Disease 2019 (COVID-19)
Dear Mr. C ccinelli:
On behalf of the American Immigration La ers Association (AILA), e are riting to e press o r
deep concerns regarding the impact of the Corona ir s Disease 2019 (COVID-19) on U.S. Citi enship
and Immigration Ser ices (USCIS) operations and to respectf ll req est that the agenc take immediate
steps to mitigate its spread. Gi en the declaration of a national emergenc and the req irement b man
states, m nicipalities and companies to practice social distancing, e req est USCIS to immediatel
adopt meas res that enable the agenc to meet its mission hile practicing social distancing, and pro ide
fle ibilities here it cannot limit in-person contact. The meas res that USCIS adopts and implements in
response to COVID-19 ill ha e a significant impact on the health and safet of its stakeholders, staff,
and contracted orkers, as ell as the health of o r nation at large.
On March 11, 2020, the World Health Organi ation declared the COVID-19 o tbreak a global pandemic.
S bseq entl , on March 13, 2020, President Tr mp declared a national state of emergenc o er the
corona ir s o tbreak. As of March 16, more than 3,400 people ha e tested positi e for COVID-19 in
the United States and at least 65 ha e died. These n mbers are onl e pected to increase in the coming
da s nless immediate meas res are taken to limit the transmission of the ir s. In response to the global
pandemic, man U.S. colleges and ni ersities ha e shifted to online co rse ork and man U.S.
b sinesses and agencies are closing their facilities and taking immediate steps to allo their staff to ork
remotel in order to minimi e the f rther spread of the ir s. This has significantl impacted the p blic s
abilit to contin e b siness as s al as it relates to appl ing for immigration benefits and req ires
significant accommodations from the go ernment.
We appreciate that USCIS has p blished a ebpage entitled, USCIS Response to the Corona ir s
Disease 2019 (COVID-19), hich ser es as a one-stop reso rce for stakeholders on the meas res that
USCIS is taking and accommodations that USCIS is pro iding in response to COVID-19. While AILA
ackno ledges the initial steps that USCIS has taken in response to COVID-19, s ch as enco raging sick
people to sta at home and permitting the resched ling of appointments itho t penalt , gi en the
rgenc of this p blic health crisis, AILA rges USCIS to consider and establish the follo ing proacti e
meas res immediatel to limit in-person contact to the greatest e tent possible:

2. 1. P N -E I , A N O C
30 : USCIS sho ld postpone all non-essential in-person inter ie s, InfoMod
appointments and nat rali ation oath ceremonies for the ne t 30 da s. Ho e er, it sho ld also
p t proced res in place to handle cases presenting an emergenc or h manitarian circ mstances,
or that arrant speciali ed considerations. USCIS sho ld a tomaticall resched le cancelled or
missed inter ie s, appointments and oath ceremonies.
2. P A I USCIS A O : USCIS As l m Offices sho ld
postpone all as l m inter ie s that are sched led for the ne t 30 da s or ill be sched led ithin
the ne t 30 da s, itho t stopping the 180-da as l m emplo ment a thori ation doc ment
(EAD) clock.
3. T S M S COVID-19 E S D : In the e ent
USCIS decides to keep USCIS offices open d ring this period, AILA recommends that the
agenc take the follo ing steps to mitigate the spread of COVID-19 and ens re social distancing:
a. Increase the cleanliness of USCIS facilities and pro ide hand saniti er and masks to
stakeholders pon req est.
b. Wai e inter ie s for all ro tine cases, incl ding adj stment of stat s applications (Form
I-485) based on emplo ment and parents of U.S. citi ens, ref gee/as lee relati e petitions
(Form I-730), and beneficiaries seeking to remo e conditions of residence (Form I-751).
Where inter ie s are req ired, USCIS sho ld cond ct these ia ideo-conference or b
telephone.
c. Offer same-da nat rali ation oath ceremonies to all eligible indi id als, b t in partic lar
to high-risk indi id als ho are at 60 ears or older, e pectant mothers, or to an
indi id al ith a compromised imm ne s stem or an nderl ing chronic medical
condition, per applicant s req est.
d. Ens re that USCIS officials do not den applications or petitions beca se an indi id al
does not attend an inter ie , appointment, or nat rali ation oath ceremon d ring this
national emergenc .
e. Make it easier for stakeholders to resched le appointments, as the c rrent process of
sched ling thro gh the Contact Center places significant b rden on stakeholders. USCIS
sho ld adopt meas res that o ld permit stakeholders to electronicall resched le
inter ie s and appointments, as ell as req est emergenc appointments, s ch as
reopening email bo es for USCIS Field Offices that o ld allo stakeholders to
comm nicate directl ith local field office staff d ring this national emergenc .
4. L W B R : USCIS sho ld e ercise its discretion p rs ant to 8
CFR 103.2(b)(9) to limit hen biometrics are req ired. AILA recommends that USCIS re se
biometrics that ha e pre io sl been capt red, ai e the biometrics req irement for children,
indi id als ho are at high-risk for COVID-19, as ell as for applicants ho ha e been
pre io sl etted, s ch as Form I-539 and nat rali ation applicants.

3. 5. M A D : To the e tent possible, USCIS As l m Offices sho ld limit or s spend
the e isting in-person pick p decision deli er process and instead mail o t decisions ia the
U.S. postal ser ice.
6. A F F I-9 C P : USCIS sho ld allo for fle ibilit in
the 3-da in-person Form I-9 compliance process and allo for initial irt al erification. Both
of these steps o ld help to ens re that U.S. b sinesses are able to erif that their orkforce is
a thori ed to ork, hile also ens ring that the do not endanger the health and safet of their
emplo ees and the p blic at large.
To the e tent possible, USCIS sho ld adopt tele ork policies and implement technological tools d ring
this period to minimi e the disr ption to USCIS operations and to ens re priorit matters, incl ding
emergenc , h manitarian and other speciali ed circ mstances, are handled timel and effecti el .
Additionall , gi en the scope of the COVID-19 pandemic that has impacted the abilit of indi id als to
tra el internationall , AILA recommends that USCIS implement the follo ing temporar meas res to
ens re that indi id als are able to maintain their stat s d ring this national emergenc :
1. P I A U P : AILA recommends that USCIS adopt
the follo ing temporar meas res:
a. Deem the national emergenc o er the COVID-19 o tbreak to be an e traordinar
circ mstance be ond the control of the applicant or petitioner p rs ant to 8 CFR
214.1(c)(4) and 8 CFR 248.1(b)(1) and e c se an late filings of e tension of sta or
change of stat s req ests on this basis for p to 90 da s after the end of the national
emergenc .
b. Grant an a tomatic e tension of sta for a period of p to 90 da s to indi id als hose
nonimmigrant stat s is e piring.
c. Pro ide an a tomatic grant of deferred action for the d ration of the national emergenc
for indi id als hose stat s has e pired and cannot be e tended or changed.
2. E A A R S D R USCIS
F O : USCIS sho ld pro ide clear g idance regarding ho indi id als admitted nder
the Electronic S stem for Tra el A thori ation (ESTA) and the Visa Wai er Program (VWP)
and are not able to depart prior to their e piration of sta , d e to se erel restricted tra el, ma
make a satisfactor depart re req est ith a local USCIS field office p rs ant to 8 CFR 217.3.
AILA recommends that USCIS allo indi id als to make these req ests directl ith local
USCIS field offices ia email or phone. AILA has recei ed reports that c rrentl the USCIS
Contact Center is not iss ing local field office appointments for s ch req ests and it is essential
that these indi id als are afforded relief.
.
3. A T M P G F U.S. B
U : In recognition that the COVID-19 o tbreak has s bstantiall impacted the abilit
of U.S. b sinesses and ni ersities to contin e operating b siness as s al , AILA recommends
that USCIS:

4. a. S spend or ai e the req irement that emplo ers m st file an amended or ne H-1B
petition hen a ne Labor Condition Application (LCA) is req ired d e to a change in
the H-1B orker s place of emplo ment p rs ant to Matter of Simeio Sol tions, LLC, 26
I&N Dec. 542 (AAO 2015) if the change in orkplace is in response to the COVID-19
o tbreak.
b. E tend the H-1B electronic registration process from March 20 at noon (EST) to March
27 at noon (EST) in consideration of the s bstantial disr ption to registrants and
attorne s ca sed b the COVID-19 o tbreak and in recognition that there are technical
glitches that are pre enting some registrants and attorne s from s bmitting H-1B
registrations.
c. E tend the filing indo for FY 2021 H-1B cap-s bject petitions from 90 da s to 120
da s.
d. E c se the fail re to file a timel FY 2021 H-1B cap s bject change of stat s petition
prior to the e piration of the emplo ment a thori ation doc ment p rs ant to 8 CFR
248.1(b) for F-1 st dents seeking cap-gap e tension of stat s and emplo ment
a thori ation.
Finall , AILA recommends that USCIS afford the follo ing polic fle ibilities so that petitioners,
applicants and beneficiaries ma contin e b siness as normal to the greatest e tent possible:
1. A R D S A F T - Chapter 2 of the USCIS
Polic Man al states that the reg lations do not req ire that the person signing s bmit an
original or et ink signat re on a petition, application, or other req est to USCIS ; ho e er,
certain form instr ctions, s ch as the Form I-129, state that a photocop of a signed petition or
a t pe ritten name in place of a signat re is not acceptable. Gi en the need for remote ork
and social distancing to limit the spread of COVID-19, acq iring original or et signat res
d ring this national emergenc nnecessaril endangers health and safet . As the reg lations do
not req ire original signat re, AILA recommends that USCIS accept photocopied, scanned,
fa ed, or similarl reprod ced signat res for all form t pes. F rther, AILA recommends that the
agenc accept digitall signed doc ments, hich compl ith strict legal and identit sec rit
req irements.
2. A F F D : USCIS sho ld permit fle ible deadlines for all applications
and petitions. In partic lar, AILA recommends that USCIS sho ld:
a. A tomaticall e tend all deadlines for Req ests for E idence (RFEs) and Notices of
Intent to Den (NOIDs) b a minim m of 90 da s.
b. A tomaticall e tend the deadline for Form I-751, Petitions to Remo e Conditions on
Residence, b 90 da s.
c. E tend the one- ear filing deadline for as l m applications, if indi id als file for as l m
ithin a reasonable period of time after the national emergenc ends. 8 C.F.R.
208.4(a)(5) pro ides that e traordinar circ mstances allo for an e emption of the
one- ear filing deadline r le. As this is a p blic health crisis impacting the United
States at an nprecedented scale, USCIS sho ld instr ct as l m officers to consider
circ mstances that pre ent compliance ith the one- ear filing deadline d e to the

5. COVID-19 pandemic to be per se e traordinar circ mstances. Man legal and social
ser ices offices are closed. As l m seekers often need e al ations b medical and mental
health professionals, and these professionals sho ld be foc sing on iss es related to the
pandemic at this time.
3. E D A I E S A F : USCIS m st
e ercise its discretion nder 8 CFR 103.2(b)(8)(ii) to allo initial e idence that as not a ailable
at the time of filing d e to the national emergenc to be s bmitted in response to a req est for
additional e idence.
We thank o for o r consideration and look for ard to hearing from o at o r earliest con enience.
If o req ire an additional information and sho ld o ha e an q estions, please do not hesitate to
contact Shar ari (She ) Dalal-Dheini, Director of Go ernment Relations at (202) 507-7621 or b email
at sdalal-dheini@aila.org.
Sincerel ,
THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION
cc: Joseph Edlo , Dep t Director for Polic , USCIS
Kath N ebel Ko arick, Chief of Staff, USCIS
Trac Rena d, Associate Director, Ser ice Center Operations Directorate
Daniel Rena d, Associate Director, Field Operations Directorate
Kathr n Re rode, Associate Director, E ternal Affairs Directorate, USCIS
Michael Do ghert , Omb dsman, Office of the Citi enship and Immigration Ser ices
Omb dsman
Stac Shore, Acting Dep t Omb dsman, Office of the Citi enship and Immigration Ser ices
Omb dsman
Elissa McGo ern, Chief of Polic , Office of the Citi enship and Immigration Ser ices
Omb dsman