On May 19, 2020, USCIS requested public comment on its plans to revise Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-539A, and form instructions. The form is used by certain nonimmigrants to extend or change their nonimmigrant status, and by F-1 and M-1 students applying for reinstatement to student status. Public comment is due on or before July 19, 2020.

The Department of Labor (DOL) published a direct final rule effective June 19, 2020, "to establish a system of discretionary secretarial review over cases pending before or decided by the Board of Alien Labor Certification Appeals" (BALCA). The rule also creates a similar system for cases handled by DOL's Administrative Review Board. Read the DOL rule published at 85 FR 30608 (May 20, 2020).

Effective May 8, 2020, foreign information media representatives on People's Republic of China (PRC) passports will be admitted to the United States in I nonimmigrant status only for up to 90 days, rather than for duration of status.

(May 1, 2020) In response to COVID-19, USCIS expanded its 60 calendar day grace period for receiving responses to RFEs, NOIDS, Notices of Intent to Revoke, Continuations to Request Evidence, Notices of Intent to Rescind or Terminate regional investment centers, and filing date requirements for Form I-290B, notice of appeal or motion, if the issuance or decision date is between March 1, 2020 and July 1, 2020, inclusive.

On April 22, 2020, President Trump issued a Presidential Proclamation that suspends entry of certain new immigrants who do not already have an approved immigrant visa. The proclamation does not impact applicants for adjustment of status or nonimmigrants such as students, H-1B workers, visitors for business or pleasure, etc.

(April 13, 2020) USCIS announced a delay in data entry and receipt notice generation for fiscal year (FY) 2021 H-1B cap-subject petitions until at least May 1, 2020, due to the impacts of COVID-19. Once USCIS begins data entry, petitions will be stamped received on the date they arrive at the service center and, if otherwise properly filed, will retain the receipt date that corresponds with the date the petition is received at the service center. USCIS stated that it is "mindful of petitions with sensitive expiration and start dates, such as cap-gap petitions, and will strive to process these petitions as efficiently as possible." Nevertheless, the automatic cap-gap functionality update in SEVIS will be impacted, since that process depends on a data transmission from USCIS's CLAIMS system. DSOs with students whose employer has filed a cap-subject H-1B petition on their behalf and who request a cap-gap notation on their Form I-20 before USCIS enters the data in CLAIMS could use the SEVIS Cap Gap Extension link to notate the cap-gap benefit until June 1, but would likely have to contact SEVP for notations beyond that if SEVIS has not been updated with CLAIMS data by then.

On April 9, 2020, the Court postponed until September 4, 2020 at 2:30 p.m. the status conference that had been scheduled for May 1, 2020. Judge Wilson's minute order stated that the court needed "additional time to consider the pending motions in this case," which includes WashTech's February 17, 2020 motion to strike the November 21, 2019 amicus brief filed by public and private universities and colleges, and the amici's opposition to that motion.

On March 30, 2020, USCIS announced that employers may file H-1B cap-subject petitions beginning April 1, 2020, for beneficiaries registered by the petitioner and selected by USCIS in the FY 2021 registration process.

On March 27, 2020, USCIS announced that it had received a sufficient number of electronic registrations during the initial registration period to reach the FY 2021 H-1B cap, and would notify petitioners by March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration, during the 90-day petition filing period starting April 1, 2020. Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2021, and only for the beneficiary in the applicable selected registration notice. Also, on March 20, 2020 USCIS temporarily suspended premium processing service for all Form I-129 (including cap-exempt petitions) and I-140 petitions until further notice due to COVID-19 (March 20, 2020).

Beginning March 25, 2020, and through June 30, 2020, DOL will send approved permanent labor certifications by email, in response to the COVID-19 pandemic. After receiving the certified Form ETA-9089 by email, the form must be printed, and then signed and dated by each of the following prior to filing the Form I-140 with USCIS: the foreign worker, preparer (if applicable), and the employer. USCIS may consider this printed Form ETA-9089, containing all signatures, as satisfying the requirement that petitioners provide evidence of an original labor certification issued by DOL.