Coronavirus Update: FY 2021 H-1B Cap Petition Processing Will be Delayed Due to the Coronavirus

USCIS has announced on April 13 that due to the Coronavirus outbreak and for health and safety reasons, they will not begin to perform intake processing on selected FY 2021 H-1B cap cases until May 1, 2020.  Only applicants who have be selected in the lottery system may file their application. Employers who have submitted the full applications should expect delays in data entry and receipt notice issuances until this time. Applications will be date stamped on the date they arrive at the service center and the receipts will retain that date. However the receipts will not be issued or mailed out until after May 1, 2020.

USCIS recognizes that some H-1B applications are time sensitive, such as the change of status applications from F student visas but have not offered any concrete information on the processing of these applications. USCIS has also not extended the 90-day H-1B filing window, all selected H-1B visa applications still must be received before June 30, 2020.

You can find out more about whether an H-1B employee can take leave by clicking here.

You can find key immigration information related to the Corona Virus below.

• Top 10 Covid-19 Immigration Questions
• Implications of Layoffs for employers who have employees on H-1B and/or E-3 Visas
• USCIS announces flexibility for request for evidence (RFE) and Notice of Intent to Deny (NOID)
• Information on Consular closures during Covid-19
• USCIS issues guidance on Remote 1-9 verification during Covid-19
• USCIS office closures due to Covid-19
• Can I apply for Unemployment Insurance Benefits while on a Visa?
• Canada/U.S. Border Closures
• USCIS announces temporary suspension of premium processing
• What can you do if your ESTA is running out? 
• Travel Ban for Europe
• Stimulus Bill (All 800 pages)
• Information on Small Business Loans related to the Stimulus package
• USCIS to accept scanned/reproduced signatures instead of “wet” signatures on immigration petitions and forms
• Implications of furlough or termination if you are on a TN visa
• Does the Stimulus Bill impact my immigration status? Is there a public charge concern?
• Understanding the Stimulus Package for Small Businesses and the Paycheck Protection Program
• Small Business Administration COVID-19 Loans
• USCIS to Reuse Previously Submitted Biometrics to Process Work Permit Applications
• USCIS Temporary Office Closure Extended Until at least May 3
• SBA Loans and Public Charge Rules – Paychecks Loan Program and Economic Injury Disaster Relief Loan Program
• I am in the U.S. on H-1B visa and my employment was terminated due to the Corona virus outbreak. 
• I am in the U.S. on an E-2 visa, can I apply for loans under the Stimulus Bill?
• Does Covid-19 impact my obligations as an H-1B or E-3 Employer?
• I am in the U.S. on E-2 employee visa. Can I apply for unemployment benefits due to the Coronavirus?
• I want to decrease the salary of my H-1B employee, what is the process? 
• I am in the U.S. on a non-immigrant visa and my employment was terminated due to the Corona virus outbreak.
• I am on an E-2 visa but cannot go back to my Consulate to Renew, what can I do? 
• I had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer?
• If I get laid off or furloughed am I still eligible to get a green card?