Aug 15, 2020 COVID-19 Guidance

USCIS Selects Additional H-1B Registrations from the FY2021 Lottery

Additional H-1B visa numbers are now available! As a result, USCIS has selected more cap-subject H-1B registrations from the recent FY2021 lottery. Those notified of the new selection will be able to file their petitions from August 17, 2020, through November 16, 2020.

Department of State Expands National Interest Exceptions

The Department of State (DOS) has expanded the national interest exceptions to the recent proclamations suspending the issuance of certain immigrant and nonimmigrant visas. The expanded criteria, which is not exclusive, includes:

 H-1B applicants

  • Travel to resume ongoing employment in the US with the same employer and in the same position with the same visa classification.
  • Travel as a public health or health care professional or researcher to alleviate the effects of the COVID-19 pandemic, including assistance in an area of public health that is not directly related to COVID-19 but has been adversely impacted by the pandemic; or other secondary effects.
  • Travel to perform work that is necessary to facilitate the economic recovery of the United States.

L-1 applicants

  • Travel to resume ongoing employment in the US with the same employer and in the same position with the same visa classification.
  • Travel as a public health or health care professional or researcher to alleviate the effects of the COVID-19 pandemic, including assistance in an area of public health that is not directly related to COVID-19 but has been adversely impacted by the pandemic; or other secondary effects.
  • Travel to fill a critical business need of an employer meeting a critical infrastructure need.

J-1 applicants 

  • Travel to provide care for a child with special needs and/or medical issues.
  • Travel to provide care for a child whose parents are involved with the treatment of or research involving COVID-19.
  • Travel to participate in an exchange program that is designed to promote US national interests. 

DOS also confirmed that travel to resume H-1B or L-1 employment in the US is a valid ground for a national interest exception when the employer would face financial hardship if required to replace the H or L employee.

In addition to meeting one of the above criteria, travelers may also need to request an emergency consular appointment by demonstrating that their travel is an emergency or is mission critical. Consular appointments and visa issuance under the new policy are not guaranteed, even for travelers who otherwise qualify for one of the national interest exceptions.