The coronavirus pandemic is an unprecedented situation. As a result, the world is in lockdown, which has not only led to an economic recession, but has led to changes in immigration services worldwide. Immigrants currently living in the US on visas and permits have been affected by the COVID-19 outbreak in many ways.

As an immigration lawyer with 17 years of experience, Jean Danhong Chen is able to provide her insight into the subject and hopefully help put peoples’ minds at ease who have been impacted.

Government Closures

The first thing that Jean Danhong Chen wants to emphasize is that many government offices in the United States have been closed and this includes the US Citizenship and Immigration Services department. The department announced on March 18, 2020, that all offices would be closing indefinitely to the public, meaning no interviews or in-person meetings of any kind are being conducted for the time being. That said, Jean Danhong Chen urges immigrants in the U.S. not to panic.

First off, anyone who had an existing appointment that has now been canceled will have their appointment rescheduled once offices open. Second, for those with a visa that is dependent on their employment in the U.S., employers are required to help their foreign employees maintain their immigration status during this unprecedented time. However, this requirement does not apply to anyone who has lost their job due to the economic recession brought on by COVID-19.

“Out of Status” Immigrants

One troubling outcome of the coronavirus pandemic is that many immigrants are losing their jobs, which for some, means they fall “out of status.” For example, any immigrant with a temporary work visa in the United States could lose their visa if the company they are working for lets them go. In many cases, an immigrant being of legal status in the U.S. is dependent on their employment. Thus, the normal rule is that if you lose your job, you must either leave the country or switch to another status. The former option is not viable right now as most international flights have been halted. Meanwhile, the latter may also seem impossible due to the closures of U.S. Citizenship and Immigration Services. However, Jean Danhong Chen claims that this isn’t the case.

First, to avoid being “out of status,” immigrants should make sure to apply for an extension of their status well in advance. This is a service that can be done virtually, so the U.S. Citizenship and Immigration Services are still offering this; however, requests are pouring in and response times are delayed. Luckily, to make up for these delays, all visas and residence permits have been extended by two months automatically. This makes it much more likely that any immigrant about to fall “out of status” will be able to switch statuses or get their current visa extended before their visa is up.

Jean Danhong Chen on H-1B Visa Holders

According to immigration lawyer Jean Danhong Chen, immigrants in the United States on H-1B visas need to be careful, especially when it comes to working from home. Many companies have made the decision to close their offices and ask their employees to work from home for the time being. Although this seems harmless, the reality is that H-1B visas are extremely specific, not only in terms of the job you are doing but also the location of the job. Thus, when an H-1B visa holder begins working from a new location, such as from their house, they may be required to submit a new labor condition application. However, this is only necessary when the visa holder lives more than 50 to 70 miles away from the original work location. Anything less than 50 miles is deemed “commuting distance” and does not require a new labor condition application.