COVID-19 Immigration FAQs
My I-140 was approved through my employer, but I was just laid off because of COVID-19 and the business might close. How will this impact me?
Even if the company were to close, you may still be able to retain your original priority date. You can still use your I-140 to extend your H1B status beyond the original six-year maximum and for your H-4 spouse to apply for an H-4 EAD unless your employer withdraws your I-140 within six months of the approval date.
My spouse applied for an H-4 Employment Authorization Document several months ago but COVID-19 happened and slowed processing times, so it has not been renewed. Is she able to keep working during this time?
No. You cannot continue to work legally after your EAD expires. You also cannot work while your renewal application is pending. USCIS has not changed this rule based on the coronavirus crisis.
The USCIS recently posted an announcement about delays in a change of status filings and that discusses late filings? Does this announcement affect protections for H1B workers who are laid off?
The announcement does not provide additional protections to H1B workers, nor has the USCIS implemented expansive changes to address the ongoing issue with workers in limbo with their immigration status due to the pandemic and slower processing times. The provisions existed before the current crisis.
My mother would like to request an extension of stay because of COVID-19, but her B-2 I-94 is going to expire soon. Does she need a return ticket to be granted the extension?
No. A B-2 extension does not require a return ticket. While it is recommended in some cases, the current pandemic has led to much greater uncertainty so this is likely not going to create an issue with USCIS.
Two different companies submitted H1B petitions for me and both were selected. Is this a problem?
Generally speaking, it is not a problem if two companies to submit H1B petitions for the same applicant. However, you will need to decide which company you wish to join, but you can make this decision after approval is granted.
My H1B registration was selected in the lottery process, but my employer misspelled my name. How can I correct this error?
There does not currently appear to be a way to correct registration. Instead, you should file your petition with the correct information and ensure that the remainder of the information you submit with your petition has the correct spelling of your name. This problem may be able to be fixed administratively.
My H1B extension was denied, and my I-94 is expired. Is there a grace period because of COVID-19? I cannot leave the country right now because of the pandemic.
Currently, USCIS has not announced any grace periods related to the pandemic. You might be able to apply to change your B-2 status through a discretionary benefit that USCIS sometimes grants. If you file this petition, you are usually allowed to remain in the country while your application is pending.
I am a British citizen who entered the United States using ESTA. My I-94 was valid through the end of April, but I cannot leave currently because of the pandemic. Can I extend my stay?
ESTA usually limits your stay for 90 days without the option to extend your stay or change your status. However, the pandemic has caused many issues for people in this situation, and there may be some options available. U.S. Customs and Border Protection has advised immigrants who were admitted through ESTA through JFK International Airport or Newark Liberty International Airport to contact the JFK deferred inspection offices and ask for a “satisfactory departure” for up to an additional 30 days. You should request this within 14 days or less of your original expiration date. If you entered via another point of entry, you can speak with your local U.S. Customs and Border Protection deferred inspection site. If you request the expiration date, U.S. Customs and Border Protection will determine on a case-by-case basis whether to grant your request.
Am I eligible for the economic stimulus check if I am in H1B status and have a Social Security Number and my spouse is in H-4 status and has an ITIN. We filed income taxes jointly last year.
When the CARES Act was passed and called for economic stimulus payments, is stated that nonresident aliens were not eligible for the payment. Since then, the Internal Revenue Service has released additional guidance that states that if spouses file jointly, they both must have a Social Security number to receive payment unless one of them is a member of the U.S. Armed Forces. Therefore, if your spouse does not have a Social Security number and neither of you is a member of the U.S. Armed Forces and you filed jointly, neither of you will receive a stimulus payment. You may wish to consider filing under married filing separately status so that you (and any eligible dependents) receive your share of the economic stimulus check, but this may affect other aspects of your tax situation, so consult with an accountant or tax attorney before taking such action.
I have been an H1B immigrant for several years and paid taxes. Am I eligible for the economic stimulus payment?
According to the IRS, only citizens and resident aliens with an eligible Social Security number are eligible for the economic stimulus payments. If you are considered a resident alien but married to a nonresident alien, you may not receive an economic stimulus payment unless you filed married filing separately or one of you is in the U.S. Armed Forces.