USCIS Response to COVID-19
Guidelines for Entering USCIS Facilities
- You may not enter a USCIS facility if you:
- Have any symptoms of COVID-19, including recently developed cough, fever, difficulty breathing, changes in smell or taste or fatigue (list is not all-inclusive);
- Have been in close contact with anyone known or suspected to have COVID-19 in the last 14 days;
- Have been instructed to self-quarantine or self-isolate by a health care provider, public health authority or government agency within the last 14 days; or
- Are awaiting the results of a COVID-19 test.
- You may not enter the facility more than 15 minutes before your appointment (30 minutes for naturalization ceremonies).
- We will provide hand sanitizer for visitors at entry points.
- You must wear facial coverings that cover both the mouth and nose inside USCIS facilities. We do not allow masks with exhaust valves, neck gaiters, or bandanas. If you do not have an acceptable face covering, we may offer a replacement or reschedule your appointment.
- There will be markings and physical barriers in the facility; you must pay close attention to these signs to ensure you follow social distancing guidelines.
- You may also have to answer health screening questions before entering a facility.
- You should bring your own black or blue ink pens.
More information on visiting USCIS facilities is available at uscis.gov/visitorpolicy.
Field Office Appointments and Rescheduling
USCIS field offices will send notices to applicants and petitioners with previously scheduled appointments for interviews and naturalization ceremonies. Those attending appointments should follow the safety guidelines outlined below.
If you need help with emergency document services (such as ADIT stamps or advance parole), we are working to schedule those appointments as soon as possible. You may experience slightly extended wait times as we gradually and safely resume in-person services. If you need to schedule an emergency document service, you may reach out to the USCIS Contact Center to make an appointment.
Please check to see if the respective office has been reopened by visiting our office closures page before calling the Contact Center.
Visitors are limited to the applicant, one attorney or authorized representative, and one individual providing disability assistance (who may be a family member). Attorneys and/or authorized representatives may accompany applicants to the interview or participate telephonically. If a representative chooses to participate telephonically, the applicant should notify the officer at the time of the interview who will then contact the representative via the phone number listed on the Form G-28, Notice of Entry of Appearance of Attorney or Accredited Representative.
Unless USCIS requests the interpreter to be physically present at the office for the interview, the interpreter should plan on being available by phone for the interview. The interpreter should provide the applicant with a valid phone number where they can be reached by USCIS at the time of the interview. If it is determined that an interpreter should be physically present at the interview and is unavailable at the time of the interview, the interview may be rescheduled.
If an applicant needs a Sign Language Interpreter or Certified Deaf Interpreter, they should reach out to the USCIS Contact Center online or call 1-800-375-5283 as soon as possible after receiving their interview notice.
Application Support Center (ASC) Appointments and Rescheduling
Please check the USCIS office closings page to see if your ASC has reopened before coming to an appointment.
Individuals who appear at a date or time other than what is listed on the ASC appointment notice may encounter significant processing delays.
Due to added COVID-19 security measures at our ASCs, you may experience:
- A longer wait time to receive your biometrics appointment notice;
- Restrictions limiting access to ASCs;
- Longer biometrics collection times.
Applicants may only be accompanied by an interpreter, attorney, parent/legal guardian of a minor or individual providing assistance to a disabled person.
Rescheduling of Cancelled ASC Appointments
USCIS will automatically reschedule any necessary ASC appointments that were cancelled due to the temporary office closure, or send notifications of biometrics reuse to eligible individuals.
Individuals who must still appear in person at an ASC will receive a new appointment letter in the mail.
Note: USCIS cannot automatically re-schedule appointments for Canadian and United Kingdom visa applicants.
USCIS asylum offices will automatically reschedule asylum interviews that were canceled during the temporary closures. When USCIS reschedules the interview, asylum applicants will receive a new interview notice with the new time, date and location for the interview and information about safety precautions.
In accordance with social distancing guidelines, and due to the length of asylum interviews, asylum offices are conducting video-facilitated asylum interviews, where the applicants sit in one room and the interviewing officer sits in another room. Asylum offices will use available technology, including mobile devices provided by USCIS, to ensure that the officer, applicant, interpreter (if one is permitted), witnesses and legal representative can fully and safely participate in the interview while maintaining social distancing.
Asylum applicants must bring all immediate family members listed as dependents on the asylum application. Each asylum applicant may also bring a legal representative; witnesses; an individual assisting a disabled person; and a parent, guardian or “trusted adult” if the applicant is a minor.
For non-detained credible or reasonable fear interviews, applicants must bring any family members listed on the interview notice. Legal representatives or consultants may attend credible and reasonable fear interviews but are encouraged to participate telephonically. USCIS will provide contracted, professional interpreters for credible and reasonable fear interviews.
Please note the Special Instructions About Interpreters for Asylum Interviews below.
Special Instructions About Interpreters for Asylum Interviews
These instructions apply to you if you are not fluent in English and need an interpreter for your asylum interview.
If you fluently speak one of the languages listed below, you cannot bring your own interpreter and must use a USCIS contract interpreter at your asylum interview:
- Creole/Haitian Creole
- Foo Chow/Fuzhou
USCIS will provide this interpreter free of charge. If you are not fluent in any language listed above, you must provide a competent interpreter fluent in both English and your native language or any other language in which you are fluent. Your interpreter must be 18 years or older, must not be your legal representative or witness, and must not be a representative or employee of your country of nationality (or, if stateless, your country of last habitual residence). If you are unable to provide such interpreter, you may provide an interpreter fluent in your language and one found in the list above. USCIS will provide a relay interpreter to interpret between the language listed above and English.
Those attending appointments should follow the USCIS Visitor Policy: https://www.uscis.gov/about-us/uscis-visitor-policy .
If you are feeling sick, please do not come to our office. Follow the instructions on your appointment notice to reschedule your appointment for when you are healthy. You may request to reschedule your appointment due to illness or risk of COVID-19 infection, and the delay will not be attributed to you.
Naturalization Oath Ceremonies
USCIS field offices will send notices to applicants and petitioners to reschedule postponed naturalization ceremonies. The ceremonies may be shorter to limit exposure to those in attendance. USCIS will not play videos during naturalization ceremonies, but will give attendees a flyer with information and links directing them to the videos on the USCIS website. Under the shortened format, all legally required portions of the ceremony will take place. Attendance is limited to the candidates who are scheduled to be naturalized, a parent or trusted adult if the candidate is a minor and individuals providing disability assistance to a candidate.
As USCIS safely resumes in-person services, some naturalization ceremonies may be conducted differently than in the past. You may receive supplemental information from USCIS that provides detailed instructions for your ceremony. Please pay close attention to this information to ensure a safe and enjoyable ceremony experience.
Deadlines for Certain Requests, Notices, and Appeals
We will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if we issued request or notice USCIS anytime from March 1, 2020, through Jan. 1, 2021:
- Request for Evidence;
- Continuation to Request Evidence (N-14);
- Notice of Intent to Deny;
- Notice of Intent to Revoke;
- Notice of Intent to Rescind;
- Notice of Intent to Terminate; and
- Motion to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, we will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:
- The form was filed 60 calendar days from the issuance of a decision we made; and
- We made that decision anytime from March 1, 2020, through Jan. 1, 2021.
See our alert for more information.
H-2A Requirements During COVID-19 Public Health Emergency
On Aug. 20, 2020, the Department of Homeland Security and USCIS published a new temporary final rule partially extending the April 20 temporary final rule amending certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain and lessen impacts from the COVID-19 public health emergency.
Due to travel restrictions and visa processing limitations as a result of actions taken to mitigate the spread of COVID-19, as well as the possibility that some H-2A workers may become unavailable due to COVID-19 related illness, U.S. employers who have approved H-2A petitions or who will be filing H-2A petitions might not receive all of the workers requested to fill the temporary positions, and similarly, employers that currently employ H-2A workers may lose the services of workers due to COVID-19 related illness.
Under the Aug. 20 temporary final rule, all H-2A petitioners with a valid temporary labor certification (TLC) can employ certain foreign workers who are currently in the United States and in valid H-2A status immediately after USCIS receives the H-2A petition, but no earlier than the start date of employment listed on the petition. In addition, the Aug. 20 temporary final rule extends the ability of eligible H-2A workers to change employers and begin work before USCIS approves the new H-2A petition. DHS will apply this temporary final rule to H-2A petitions requesting an extension of stay, if they were received on or after Aug. 19, 2020 through Dec. 17, 2020.
DHS did not extend the temporary exception found in the April 20 temporary final rule that allowed H-2A workers to stay in the United States beyond the three-year maximum allowable period of stay.
The temporary final rule was effective on Aug. 19, 2020, through Aug. 19, 2023. If the new petition is approved, the H-2A worker will be able to stay in the United States for a period of time not to exceed the validity period of the TLC. DHS will issue a new temporary final rule in the Federal Register to amend the termination date in the event DHS determines that circumstances demonstrate a continued need for the temporary changes to the H-2A regulations.
It is important to note to the public that this temporary final rule does not amend the Department of Labor’s (DOL’s) regulations covering the labor market test and recruitment of U.S. workers for the H-2A process. Before filing an H-2A petition with DHS, the H-2A petitioner must have obtained a valid TLC from DOL for the job opportunity the employer seeks to fill with an H-2A worker(s). This temporary final rule is not a joint rule with DOL, and USCIS is not proposing changes to DOL’s H-2A TLC process or its regulations.
H-2B Requirements During COVID-19 Public Health Emergency
On May 14, 2020, the Department of Homeland Security published a temporary final rule to change certain H-2B requirements to help secure the U.S. food supply chain and reduce the economic impact of the COVID-19 public health emergency on H-2B employers.
Under this temporary final rule, an H-2B petitioner with an approved temporary labor certification can start employing H-2B workers already in the United States for positions essential to the U.S. food supply chain, immediately after USCIS receives the H-2B petition and the new attestation, but no earlier than the start date of employment listed on the petition. Additionally, DHS is temporarily amending its regulations to allow certain H-2B workers to stay beyond the three-year maximum allowable period of stay in the United States.
To take advantage of this time-limited change in regulatory requirements, the H-2B workers must be in the United States and in valid H-2B status on or after March 1, 2020. In addition, the H-2B petitioner will be required to submit, with its petition, a new Form ATT-H2B, Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Essential to the U.S. Food Supply Chain (PDF, 270.3 KB), swearing under penalty of perjury that the H-2B worker(s) will be performing temporary nonagricultural services or labor that are essential to the U.S. food supply chain including, but not limited to:
- Processing, manufacturing and packaging of human and animal food;
- Transporting human and animal food from farms or manufacturing or processing plants to distributors and end sellers; and
- Selling human and animal food through a variety of sellers or retail establishments, including restaurants.
In addition to H-2B petitioners who file their petitions on or after May 14, 2020, the temporary final rule allows certain H-2B employers and U.S. agents, with pending petitions on or after that date, to request the flexibilities provided under the temporary final rule by submitting the new Form ATT-H2B attestation to the appropriate center before USCIS adjudicates their petitions.
The temporary final rule is effective immediately upon publication in the Federal Register. H-2B employers and U.S. agents can request the flexibilities authorized under the temporary final rule through Sept. 11, 2020. DHS will continue to monitor the rapidly evolving circumstances surrounding the public health emergency and may issue a new temporary final rule to extend its applicability in the event DHS determines that economic circumstances demonstrate a continued need for these temporary changes to the regulatory requirements involving H–2B nonagricultural employers and workers essential to the nation’s food supply chain.
Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency
During, and in response to, the COVID-19 public health emergency, USCIS continues to take action to protect U.S. workers while also providing resources needed to combat the spread of COVID-19.
USCIS is providing guidance (PDF, 340.75 KB) to officers in relation to former J-1 foreign medical graduate physicians who have received a waiver of the two-year foreign residence requirement under section 212(e) of the Immigration and Nationality Act.
These foreign medical graduates are former J-1 exchange visitors who currently practice medicine in the United States as H-1B nonimmigrant physicians based on interest from a government agency, or through the Conrad State 30 program created by Congress.
USCIS is providing flexibilities for these foreign medical graduates who are assisting in the fight against COVID-19—saving lives, reducing the strain on over-worked hospital workers, and improving access to necessary medical care. These flexibilities include:
- Telehealth. USCIS will allow these physicians to deliver telehealth services during the COVID-19 public health emergency, provided the physicians continue to serve their intended population. USCIS notes that if an employer offers these foreign medical graduates the flexibility to telework from their home, it must offer those same flexibilities to its U.S. workers similarly employed.
- Waiver of Certain Immigration Consequences of Failing to Meet the Full-Time Work Requirement. USCIS will not consider these physicians to have violated their contracts with their employers if they are temporarily unable to work full-time due to illness, reduced hours at healthcare facilities, or other impacts related to the COVID-19 pandemic. This is a limited flexibility and only relates to the foreign medical graduate’s eligibility for future immigration benefits that would be affected by the re-imposition of the two-year home residence requirement as the result of a contract violation. It does not otherwise affect a petitioning employer’s responsibilities under the statutes and regulations relating to H-1B nonimmigrants.
Extension of Stay/Change of Status Filing Delays Caused by Extraordinary Circumstances Related to COVID-19
Generally, nonimmigrants must depart the United States before their authorized period of admission expires. However, we recognize that nonimmigrants may unexpectedly remain in the United States beyond their authorized period of stay should apply for an extension or change of status in advance. Should this occur, the following options are available to nonimmigrants:
Apply for an Extension. Most nonimmigrants can mitigate the immigration consequences of COVID-19 by timely filing an application for extension of stay (EOS) or change in status (COS). USCIS continues to accept and process applications and petitions, and many of our forms are available for online filing.
If You File in a Timely Manner. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of stay request is filed on time.
Flexibility for Late Applications. USCIS may excuse a nonimmigrant’s failure to timely file an extension/change of status request if the delay was due to extraordinary circumstances. Under current regulations and as noted on our Special Situations page, if a petitioner or applicant files an extension of stay or change of status request (on Forms I-129 or I-539) after the authorized period of admission expires, USCIS may excuse the failure to timely file if it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19. The length of delay must be commensurate with the circumstances. The petitioner or applicant must submit credible evidence to support their request, which USCIS will evaluate in its discretion on a case-by-case basis. These special situations have been used at various times in the past, including for natural disasters and similar crises.
Flexibility for Visa Waiver Entrants. Visa Waiver Program (VWP) entrants are generally not eligible to extend their stay or change status. However, under current regulations, if an emergency (such as COVID-19) prevents the departure of a VWP entrant, USCIS in its discretion may grant up to 30 days to allow for satisfactory departure. Please see 8 CFR 217.3(a). For those VWP entrants already granted satisfactory departure and unable to depart within this 30-day period because of COVID-19 related issues, USCIS has the authority to temporarily provide additional 30-day periods of satisfactory departure. To request satisfactory departure from USCIS, a VWP entrant should call the USCIS Contact Center.
For More Information. Please see 8 CFR 214.1(c)(4) and 8 CFR 248.1(c) for additional information on late requests to extend or change status. In addition, please see our Form I-129 and Form I-539 pages for specific filing and eligibility requirements for extensions and changes of status.
Adoptions and COVID-19
- USCIS recognizes that prospective adoptive parents (PAPs) may have concerns about potential delays in completing certain requirements to allow for adjudication of their adoption applications or petitions because of COVID-19 restrictions and closures.
- At this time, there are no changes to eligibility requirements for adoption applications and petitions, which includes suitability determinations. Certain home study requirements do afford some flexibility. As a reminder:
- Unless the family has moved or it is otherwise required, a home study update does not require the home study preparer to conduct another home visit or in-person interview. Instead, the home study preparer may opt to conduct the update by Skype, FaceTime, phone, email, etc.
- We understand that PAPs may be experiencing changes because of COVID-19. As a reminder, USCIS does not require PAPs to notify USCIS or their home study preparer of a change unless it’s a Significant Change. For more information, see our Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption (PDF, 302.16 KB).
- If a significant change occurs in the adoptive parents’ household, the PAPs must provide notification and submit an updated home study that reflects the significant change. The time frame for this notification depends on the type of significant change and at what point in the process the significant change occurs.
- For most significant changes, PAPs may generally wait until the next suitability determination point to provide notification, even if it’s been more than 30 days since the significant change occurred.
- However, PAPs need to provide immediate notification to USCIS and their home study provider if the significant change is:
- Related to arrest, conviction or a history of substance abuse, sexual abuse, child abuse and/or family violence, or any other criminal history as an offender; or
- Any significant change that occurs after Form I-600 or Form I-800 petition approval, but before the child immigrates to the United States.
- USCIS provides a dedicated public inquiry channel for PAPs who have a question about a pending orphan or Hague application or petition. PAPs may contact the National Benefits Center (NBC) at firstname.lastname@example.org or call 877-424-8374 (domestic callers), TTY 800-877-8339, or 913-275-5480 (international callers). This call center for adoptive parents is staffed Monday to Friday, 8 a.m. to 5 p.m. (Central).
- For any matters pending with the Department of State (DOS), including matters related to the issuance of visas, please see the latest information on the DOS Intercountry Adoption webpage.
K-1 and K-2 Nonimmigrants
The Immigration and Nationality Act requires a K-1 nonimmigrant to enter into a valid marriage with their U.S. citizen fiancé(e) within 90 days of being admitted to the United States in K-1 status. K-2 nonimmigrants are admitted as the minor children of their K-1 parents. K-1 nonimmigrant status automatically expires after 90 days and cannot be extended.
However, as noted on our Visas for Fiancé(e)s of U.S. Citizens page, if the marriage between a K-1 nonimmigrant and their U.S. citizen fiancé(e) takes place after the 90 day period, the U.S. citizen spouse may file Form I-130, Petition for Alien Relative, on behalf of the former fiancé(e), based on the marriage. The U.S. citizen spouse may also file Form I-130 for the K-2 stepchild as long as they meet the definition of stepchild under INA 101(b)(1)(B). See our Bringing Spouses to Live in the United States as Permanent Residents page for more information.
Extending the Following-To-Join Timeline for K-2 Nonimmigrants
A minor child of a K-1 nonimmigrant who wants to join their K-1 parent in the United States at a later time (called “following to join”) may be eligible for a K-2 visa for up to one year after the Department of State issues the K-1 principal’s visa. The K-2 child may follow to join even after the K-1 principal marries their U.S. citizen fiancé(e) and acquires lawful permanent resident (LPR) status.
While the COVID-19 pandemic continues to affect worldwide consular services and travel, the Department of State may extend the one-year follow to join period for an additional 180 days if the child demonstrates that the reason they did not obtain a visa within one year of the K-1 principal receiving their visa or travel to the United States on a previously issued K-2 visa was a direct result of:
- The worldwide suspension of visa services;
- COVID-19 related travel restrictions; or
- Other COVID-19 factors which were beyond their control.
This relief does not affect rules related to fees or fee collection, or other eligibility factors for K-2 status or a K-2 nonimmigrant’s eligibility to adjust status.
Learn about measures to assist you in extreme situations on our Special Situations page.
Visit our Multilingual Resource page and select COVID-19 under the topics section to access COVID-19 information in several other languages.