Global Employer Services

COVID-19 Global Mobility update 09 – 14 April 2020

Dear all,

Please find below our most recent Mobility related global updates specifically related to the COVID-19 crisis and current

guidance or measures that different countries are putting into place.

If you have any questions on below, please don’t hesitate to

reach out to us.

Updates by country:

Australia

China

Hong Kong

India

Japan

Malaysia

Morocco

New Zealand

Senegal

Singapore

South Korea

United States

Combating COVID-19 with resilience Visit our Deloitte COVID-19 webpage to see a collection of

Global Deloitte insights to help businesses manage and mitigate the risk associated with COVID-19.

Australia - Immigration and border arrangements

What is the change?

In recognition of the skills that foreign nationals bring to the

Australian economy, and the potential needs for these skills after COVID-19, the government has advised the following:

• Visa holders who are stood down (but not laid off) will retain their current visa, and can apply for a visa

renewal, in accordance with the current legislative provisions.

• A reduction in working hours will not be considered a

breach of sponsorship or individual visa conditions. This implies that pro rata salary should be maintained.

• Reducing the salary of Temporary Skill Shortage (TSS) visa holder without a commensurate reduction in hours, is a more complex scenario and should involve:

o Agreement by the employee

o Prior permission from the immigration authorities o Employment law advice

• If visa holders are made redundant, they should seek

alternative visa sponsorship, apply for a new visa, or

depart Australia within 60 days—in line with their existing visa conditions. However, if they can be re-

employed, and are eligible for Employer Sponsored Permanent Residency, their time already spent working in Australia will count toward the work experience

requirements.

• In the case of redundancies, a sponsor’s obligation to

notify the Department of Home Affairs within 28 calendar days remains unchanged.

Working Holiday Visas Working holiday makers with roles in the following critical

sectors will be exempt from the six-month work limitation with any single employer:

• Health • Aged and disability care

• Agriculture and food processing • Childcare

In addition, they will be eligible for a further visa to remain employed in this sector if their current working holiday visa

expires within the next 6 months.

For all other sectors, if the work if considered critical, you must request permission to waive the 6 month work limitation from the Department, as per normal processes.

New 408 Visa for onshore visa holders impacted by

COVID-19 For people currently in Australia who have 28 days or less remaining on their current visa, or hold a visa which expired

no more than 28 days ago, a new stream of the Temporary Activity visa is now available.

The new visa will allow these people to:

• Remain in Australia if they have no other visa option and are unable to depart due to travel restrictions.

• Remain in Australia to assist in critical sectors of health, care and agriculture.

More Information

Back to top

Senegal - State of Emergency

extended

What is the change?

The Senegalese government recently extended the State of Emergency to May 3, 2020 to mitigate the spread of COVID-19.

Effective from April 5, the extension covers the following measures.

Key points:

• The closing of air, land and sea borders.

• No in-country entry visas will be issued by the authorities

until the restrictions are lifted.

• The restricting of the movement of people, vehicles and

some goods.

• A curfew from 8 p.m. to 6 a.m.

• A temporary closing of public meeting places and a restriction on group meetings that might result in disorder.

The recent extension maintains measures implemented by the

original State of Emergency declaration which was made on March 23.

The new extension will impact the movement of people into Senegal. Employers should account for affected travelers and rearrange travel schedules accordingly. Significant delays may

occur for consular and in-country processing.

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Hong Kong - Adjusted operating hours of passenger clearance

services at Hong Kong-Zhuhai-Macao Bridge Hong Kong Port

What is the change?

With effect from 5 April until further notice, the operating hours of passenger clearance services at the Hong Kong-

Zhuhai-Macao Bridge Hong Kong Port will be adjusted as follows:

• Operating hours of passengers clearance services at the

Passenger Clearance Building (i.e., clearance for passengers crossing the boundary by cross-boundary

coaches and shuttle buses) will be shortened to 10 a.m. to 8 p.m. daily; and

• Operating hours for the clearance for private cars will be

shortened to 6 a.m. to 10 p.m. daily.

The operating hours for cargo clearance will remain unchanged

(i.e., 24 hours daily).

Passengers travelling between Zhuhai and Hong Kong or between Macao and Hong Kong are reminded to allow for

sufficient travel time to ensure that they can reach the Port within operating hours to complete the immigration

procedures.

More Information

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Japan - Border enforcement measures

What is the change?

Denial of permission for entry

Foreign nationals in the following categories are denied

permission to enter Japan, unless exceptional circumstances are found:

• Foreigners who have stayed in any of the following countries/regions within 14 days prior to the application

for landing: – Asia: Brunei, China, Indonesia, Republic of Korea,

Malaysia, Philippines, Singapore, Taiwan, Thailand, Vietnam – Oceania: Australia, New Zealand

– North America: Canada, United States (US) – Latin America and the Caribbean: Bolivia, Brazil, Chile,

Ecuador, Dominica, Panama – Europe: Albania, Andorra, Armenia. Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech

Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kosovo, Latvia,

Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia,

Slovakia, Slovenia, Spain, Sweden, Switzerland, UK, Vatican

– Middle East: Bahrain, Israel, Iran, Turkey – Africa: Cote d’lvoire, Democratic Republic of Congo, Egypt, Mauritius, Morocco

• Foreigners who have Chinese passports issued in Hubei

Province, or Zhejiang Province of China • Foreigners who were on the cruise ship Westerdam that

departed from Hong Kong

Quarantine measures

All nationals who have stayed in any of the countries/regions listed under paragraph 1 above in the last 14 days prior to the application for landing into Japan will be subjected to

polymerase chain reaction (PCR) tests. All nationals arriving from all regions will also need to wait at a location designated

by the quarantine station chief for 14 days, and refrain from using public transportation.

Suspension of visa validity The validity of visas the following visas have been suspended:

• Single and multiple-entry visas issued by 8 March by

Japanese Embassies or Consulates General in China (including Hong Kong and Macau) and Republic of Korea

• Single and multiple-entry visas issued by 20 March by

Japanese Embassies and Consulates General in the following countries:

– Europe: Andorra, Austria, Bulgaria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland,

France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg,

Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain,

Sweden, Switzerland, the United Kingdom, Vatican – Middle East: Iran – Africa: Egypt

• Single and multiple-entry visas issued by 27 March by

Japanese Embassies and Consulates General in the following countries:

– Asia: Brunei, Indonesia (including seal of “visa waiver registration certificate”), Malaysia, Philippines,

Singapore, Thailand, Vietnam – Middle East: Bahrain, Israel, Qatar – Africa: Democratic Republic of the Congo

• Single and multiple-entry visas issued by 2 April, by

Japanese Embassies and Consulates General located in or accredited to the following countries and regions:

– Asia: Bangladesh, Bhutan, Cambodia, India, Laos, Maldives, Mongolia, Myanmar, Nepal, Pakistan, Sri

Lanka, Timor-Leste – Oceania: Cook Islands, Fiji, Kiribati, Marshall, Micronesia, Nauru, Niue, Palau, Papua New Guinea,

Samoa, Solomon, Tonga, Tuvalu, Vanuatu – Latin America and the Caribbean: Antigua and

Barbuda, Argentine, Bahamas, Barbados, Belize, Colombia, Costa Rica, Cuba, Dominican Republic, El Salvador, Grenada, Guyana, Guatemala, Haiti,

Honduras, Jamaica, Mexico, Nicaragua, Paraguay, Peru, Saint Christopher and Nevis, Saint Lucia, Saint. Vincent,

Suriname, Trinidad and Tobago, Uruguay, Venezuela

– Europe: Azerbaijan, Belarus, Georgia, Kazakhstan,

Kyrgyz, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan – Middle East: Afghanistan, Iraq, Jordan, Kuwait,

Lebanon, Oman, Palestine, Saudi Arabia, Syria, United Arab Emirates (including seal of “visa waiver registration

certificate”), Yemen – Africa: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African

Republic, Chad, Comoros, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eritrea, Eswatini,

Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar,

Malawi, Mali, Mauritania, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles , Sierra Leone, Somalia, South Africa, South

Sudan, Sudan, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe.

Suspension of visa exemption measures As visa exemption measures with the countries/regions listed

below are now suspended, travellers will be required to obtain visas before visiting Japan:

• Visa exemption measures agreed between Japan and

the following countries and regions

– Asia: Bangladesh, Brunei, Cambodia, Hong Kong,

India, Indonesia, Republic of Korea, Laos. Macau, Malaysia, Mongolia, Myanmar, Pakistan, Singapore, Thailand, Vietnam

– Oceania: Nauru, Palau, Papua New Guinea, Samoa, Solomon

– Latin America and the Caribbean: Argentine, Bahamas, Barbados, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico,

Paraguay, Peru, Suriname, Uruguay – Europe: Albania, Andorra, Austria, Azerbaijan,

Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan,

Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal,

Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkmenistan, Ukraine, UK, Uzbekistan, Vatican

– Middle East: Israel, Iran, Oman, Qatar, United Arab

Emirates – Africa: Lesotho, Tunisia

• Pre-Clearances (i.e., visa exemptions) granted by the Japanese Government to APEC Business Travel Card

(ABTC) issued by the following countries and regions have also been suspended:

– Brunei, China, Hong Kong, Indonesia, Republic of Korea, Malaysia, Mexico, Papua New Guinea, Peru,

Philippines, Russia, Singapore, Thailand, Vietnam

Restrictions on airport/ports for arrival from China or Republic of Korea

Arrival airports for passenger flights from China or Republic of Korea are restricted to Narita International Airport and Kansai

International Airport only. Passenger ship transportation departing from China or Republic of Korea has also been suspended.

More Information

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New Zealand - COVID-19: Alert Level 4

What is the change?

The New Zealand Government announced on Monday, 7 April

that New Zealand will enter into transit arrangements with a range of countries to make it easier for each other’s citizens to

get home. Current transit agreements:

• Australian citizens, residents and immediate family

(partner or spouse, legal guardian and dependent children under the age of 24) are able to transit New Zealand to Australia. Transiting travellers must remain

airside and cannot enter New Zealand. • New Zealand citizens, residents and immediate family

(partner, legal guardian and dependent children) who normally live in Australia are able to transit New Zealand to return to Australia. If you want to transit, you need to

remain airside and not enter New Zealand. If you enter New Zealand, you will be required to self-isolate.

• New Zealand citizens, permanent residents who normally live in New Zealand and immediate family

(partner, legal guardian and dependent children) are able to transit Australia to New Zealand. Transiting travellers must remain airside and cannot enter

Australia.

Foreign nationals in New Zealand can now travel domestically in order to reach Christchurch or Auckland airport to take an international flight. They can drive, take Ubers, taxis or public

transport, or take domestic flights from Auckland, Wellington, Nelson, Christchurch or Dunedin airports, in order to connect

with a commercial or chartered international flight. They must meet strict health criteria before they travel. The criteria and other information is available here.

For the complete list of advisories including travel to New

Zealand, visa extensions, travel to and from the Pacific Islands, and visa changes to support essential services during COVID-19, please refer to the link below.

More Information

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Singapore - Two Singapore Citizens charged after breaching Stay-Home

Notice (SHN)

What is the change?

Two Singapore Citizens were charged in court on 7 April after breaching their SHN. The Government had announced that

with effect from 20 March, 11.59 p.m., all returning residents (Singaporeans, Permanent Residents), Long-Term Pass

holders and short-term visitors entering Singapore would be issued an SHN and must remain in their place of residence at all times for a 14-day period.

The Immigration & Checkpoints Authority (ICA) will not hesitate to take firm enforcement action against those who fail

to comply with the SHN requirements. Besides prosecuting offenders under the Infectious Diseases Act and its Regulations, ICA may also cancel their immigration facilities,

where applicable.

ICA also reminds all travellers to ensure that they submit

complete and accurate health and travel declarations via the SG Arrival Card. Anyone who makes a false or misleading declaration will be liable to prosecution under the Infectious

Diseases Act. The penalty for providing false or misleading information is a fine of up to S$10,000 and/or imprisonment of

up to six months. For subsequent offence(s), the penalty is a fine of up to S$20,000 and/or imprisonment of up to 12 months. For foreigners, ICA may also take further

administrative actions, such as revocation of, or shortening the validity of permits and passes to remain in Singapore.

More Information

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Singapore - Inter-agency taskforce to support foreign workers and

dormitory operators during circuit breaker period

What is the change?

In view of the “circuit breaker” measures kicking in from 7

April till 4 May, foreign workers are not able to go to work. An inter-agency taskforce has been set up to provide support to foreign workers and dormitory operators during this period.

The MOM will assist the operators of S11 Dormitory @ Punggol as well as Westlite Toh Guan Dormitory, to look after the well-

being of their residents, such as ensuring that they get timely supply of catered meals, and the premises are kept clean. A similar team has been deployed to Toh Guan Dormitory, which

has also been gazetted as an isolation area.

The taskforce will progressively deploy inter-agency teams to

the rest of the dormitories to support their operators as they implement the circuit breaker measures.

More Information

For the latest country-specific travel restrictions and immigration information in relation to COVID-19, visit

gowork.ges.deloitte to view Deloitte’s Digital travel Map.

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Singapore - Tax clearance returns and

individual income tax return filing

deadline

What is the change?

In line with the Singapore government’s efforts to manage the

spread of coronavirus (COVID-19), the Inland Revenue

Authority of Singapore (IRAS) has announced that effective 7

April 2020, all face-to-face tax filing assistance and taxpayer

counter services at the IRAS office will strictly by appointment

only. Taxpayers should make an appointment at least two

working days before visiting the IRAS office and are advised to

raise inquiries digitally through the IRAS’ live chat function,

email, or phone.

The IRAS has extended the year of assessment 2020 (income

year 2019) Singapore individual income tax-return filing

deadline from 15 April (paper filing) and 18 April (e-filing) to

31 May 2020 without any penalty. This also applies to the

income tax returns of sole-proprietors, partnerships, trusts,

clubs, and associations.

For individuals who have authorized tax agents to assist with

the tax filings, an extension of time until 30 June 2020 should

generally be granted if the request for extension had been

filed by 31 March 2020.

Separately, when a non-Singapore citizen employee is ceasing

employment in Singapore, the employer is required to inform

the IRAS in writing of the employee’s cessation of employment

or departure from Singapore, by submitting the tax clearance

return (Form IR21) no later than one month before the

cessation of employment or departure from Singapore. If the

tax is wholly borne by the employer, the IRAS is willing to

grant a two-month extension of time from the cessation date

to file the Form IR21.

For the tax clearance returns that are originally due to be filed

with the IRAS in April 2020, the IRAS has announced that the

deadline is now extended for one additional month.

Deloitte’s view Regardless of the extensions, individual taxpayers and employers are encouraged to submit the individual tax returns and tax clearance returns respectively ahead of the filing

deadline through the electronic system, by logging in to the IRAS portal.

Taxpayers who have not registered for a SingPass/IRAS

unique account are encouraged to do so, so that they can file the electronic tax returns earlier.

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Singapore - Ministry of Manpower

(MOM) intensifies inspections of factory-converted dormitories and workers breaching circuit breaker measures

What is the change?

In view of the evolving COVID-19 situation, the MOM has

stepped up inspections at factory-converted dormitories (FCDs) to ensure that living conditions are acceptable, and

that the well-being of the dormitory residents are taken care of. With circuit breaker measures in place until 4 May 2020,

MOM officers are also checking that FCD operators and employers adhere to the enhanced safe distancing measures.

Despite past enforcements carried out in the vicinity of Tuas

View Square, MOM inspectors found 24 work pass holders eating, drinking, and gathering in groups. To send a clear

signal of the seriousness of the offense, MOM has decided to revoke all 24 work passes and permanently barred the individuals from working in Singapore.

MOM urges owners and operators of FCDs to pay special attention to the management of their dormitories during this

circuit breaker period. Employers are also reminded to continue to pay the salaries of their workers promptly and look after their well-being during this period of circuit breaker. A

copy of the advisory can be found here.

MOM will not hesitate to revoke the work pass privileges of

errant employers. Work pass holders who do not cooperate will be fined, or have their work passes revoked and permanently barred from working in Singapore.

More Information

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Morocco - Health State of Emergency

announced

What is the change?

The Moroccan government announced a Health State of Emergency, which is in effect until April 20, 2020, to mitigate the spread of COVID-19.

Key points:

• Until further notice, commercial flights to and from the

country are suspended.

• Requests to extend, obtain or renew residency cards are not being processed by the government, until further

notice.

• Recent foreign entrants to the country who have been unable

to leave within 90 days because of COVID-19 will be allowed to leave the country without being fined, when it is possible to travel. This is

also true if they do not have an extension to remain in the country longer than 90 days. Residency cards possessed by foreigners that expire within 90 days after arriving will be honored by the

government.

During the Health State of Emergency, movement within the country

is limited to essential activities like seeking medical care, working, shopping and attending to emergencies. A 6 p.m. to 6 a.m. daily curfew has also been implemented.

The travel restrictions and processing disruptions will impact the movement of people into Morocco. Employers should account for

affected travelers and rearrange travel schedules accordingly.

Significant delays may occur for consular and in-country processing.

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Malaysia - Extension of Movement

Control Order (MCO) to 28 April

What is the change?

The Government of Malaysia has announced to extend the MCO until 28 April. With the latest update, Malaysia Expatriate

Talent Service Centre (MYXpats Centre) and Immigration Department of Malaysia will be temporary closed until 28 April.

MYXpats Centre and as well as all call services will also be temporary unavailable until further notice. All communications

with MYXpats Centre will be limited to email only. More details

can be found in the frequently asked questions (FAQs) in the link below.

The International Trade and Industry Ministry (MITI) has identified several sectors can operate on the condition of strict

adherence to health and safety guidelines during this period. These include but are not limited to the automotive industry; machinery and equipment industry; aerospace industry;

construction projects and services related to construction work; science, professional and technical services, including

Research and Development (R&D), and social health services. To view the full list of industries, please click here.

More Information

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China - China closes embassy, consulates in US

What is the change?

The Chinese Embassy and all consulates are closed until

further notice in response to the COVID-19 pandemic.

Key Points:

• Chinese consulates in the U.S. are only processing visas

on an emergency basis. • Those requiring emergency visa services must secure an

appointment. Those requiring emergency visa services must contact the

Chinese Consulate in their jurisdiction for an appointment.

Employers and visa applicants should plan for significant delays as travel becomes increasingly restricted and Chinese

consulates suspend visa services. The response to the COVID-

19 pandemic continues to develop. Back to top

South Korea - Automatic extension of stay for registered foreigners, F-4 residents

What is the change?

Registered aliens and F-4 residents whose period of stay is due to expire between 9 April and 1 May will have their period of stay automatically extended for an additional three months

from the current visa expiry date. They will not need to apply for an extension.

However, the following categories will be excluded from the automatic extension:

• Non-Professional (E-9), Maritime Crew (E-10), and those

whose whereabouts are unknown • Those who have already applied for Permission to

Extend Period of Stay either in-person or online (Normal

Period of Stay to be granted on the basis of review criteria)

• Those who are not currently residing in South Korea as of 9 April

• Tax defaulters (including for health insurance)

• Foreign nationals can check their visa status using their passport information at www.hikorea.go.kr from 10 April

onwards. Foreign nationals can check their visa status using their

passport information at www.hikorea.go.kr from 10 April onwards.

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South Korea - Announcement on suspension of visas and visa waivers

What is the change?

All valid short-term visas (single and multiple, visa type: C-1, C-3) that were issued on or before 5 April will be temporarily

suspended. However, this will not apply to long-term visas (visa type: A, D, E, F, G, H) and short-term employment visas (visa type: C-4).

Visa-free entry and visa-waiver programs will be temporarily suspended for nationals of countries imposing entry bans on

Koreans. However, this will not apply to holders of diplomatic, official (service) passports, inbound flight (ship) crew members, and ABTC (APEC Business Travel Card) holders. For

the full list of affected countries, please refer to the link below.

All diplomatic missions will also enhance the screening of new

visa applications. Applicants will be required to submit documents such as a medical certificate issued within 48 hours before the visa application and an agreement to quarantine.

These measures have taken effect from 13 April.

More Information

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India - Grant of consular services to foreign nationals presently residing

in India until 30 April 2020

What is the change?

The Union MHA has granted consular services on gratis basis to foreign nationals presently residing in India due to travel

restrictions in the context of COVID-19 outbreak until 30 April 2020. More information can be found here.

Regular visas, e-visas or stay stipulations, of foreign nationals who have been stranded in India as a result of travel restrictions imposed by the Indian authorities and whose visas

have expired or would be expiring from 1 February midnight to 30 April 2020 midnight, will be extended until 30 April 2020

midnight on gratis basis after the foreigner makes an online application.

More Information

For the latest country-specific travel restrictions and immigration information in relation to COVID-19, visit

gowork.ges.deloitte to view Deloitte’s Digital travel Map.

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United States - USCIS announces delays to H-1B cap processing

What is the change?

U.S. Citizenship and Immigration Services (USCIS) announced today in a stakeholder message that H-1B processing will be

delayed for fiscal year 2021 cap season because of COVID-19-related health protocols. A 90-day filing period began April 1.

Key dates and information:

• H-1B cap-subject petitions filed beginning April 1 will not immediately be entered into the system. The agency will

not begin to conduct intake or generate receipt notices until at least May 1.

• When data entry begins, the agency will conduct intake

in the order in which petitions were received. • Petitions will be stamped on the date they arrived at the

USCIS service center, and properly filed petitions will retain the receipt date corresponding to the date of arrival.

• Because of delays in data entry and receipt notice generation, employers should anticipate a “general

delay” in processing FY 2021 cap-subject H-1B petitions. • The agency said it is mindful of H-1B candidates with

sensitive expiration and start dates, such as cap-gap

petitions, and will strive to process those petitions as efficiently as possible.

Employers should plan for delays in H-1B cap receipt notices of at least several weeks and should prioritize time-sensitive filings when meeting the filing deadline of June 30. USCIS

suspended premium processing until further notice earlier this year and the agency indicated today that it is not planning to

extend the 90-day filing window. H-1B cap-subject petitions must be filed during the filing window indicated in the

registration selection notice.

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United States - USCIS reiterates existing authorities to excuse

untimely filings, declines to provide additional flexibility in light of COVID-19

What is the change?

U.S. Citizenship and Immigration Services (USCIS) released

an announcement today reiterating legal requirements for applying for an extension or change of status and reminding applicants of its discretionary authority to excuse late filings.

The agency did not announce any new policies or measures to provide flexibility to foreign nationals who are unable to depart

the U.S. upon expiration of their status due to the COVID-19 emergency.

Key Points: • The announcement reminds eligible non-immigrants that

they may apply for an extension of stay (EOS) or

change of status (COS), and that non-immigrants generally do not accrue unlawful presence while their

timely-filed, non-frivolous application is pending. Certain extension applicants may benefit from the automatic 240-day extension of work authorization with the same

employer, subject to the same terms and conditions of the prior approval.

• For applicants who fail to timely file for EOS or COS before their authorized period of admission expires, USCIS reminds applicants that it has discretionary

authority, on a case-by-case basis, to excuse the failure to timely file if the delay was due to extraordinary

circumstances. The petitioner or applicant must submit credible evidence to support the request. More information can be found on the agency’s Special

Situations page. • Travelers who entered the U.S. on the Visa Waiver

Program (VWP) may not extend or change status, but USCIS has discretion to grant a period of satisfactory departure for up to 30 days if an emergency (such as

COVID-19) prevents a VWP traveler’s departure. For VWP travelers who have already been granted

satisfactory departure and are unable to depart within

30 days because of COVID-19 related issues, USCIS has

authority to temporarily provide an additional 30-day period of satisfactory departure. This can be requested by contacting the USCIS Contact Center at 1-800-375-

5283.

USCIS has provided a reminder to employers and applicants of

requirements to file an extension or change of status, and its existing authority to excuse late filings on a case-by-case basis. The announcement also clarifies that VWP entrants may

request satisfactory departure, but does not provide guidance for work-authorized nonimmigrants who are in the U.S. and do

not have the option to apply for EOS or COS. The most up-to-date information about USCIS’s response to the COVID-19

pandemic can be found on the agency’s website.

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United States - PERM, prevailing wage processing updates

What is the change?

The Labor Department has posted processing times current as of March 31 for permanent labor certification (PERM)

applications and prevailing wage determination (PWD) requests.

PERM Processing: As of March 31, the department was

adjudicating applications filed in November and earlier, conducting audit reviews on applications filed in June and

earlier, and reviewing appeals for reconsideration filed in February and earlier.

Average PERM processing times in March:

• Adjudication – 150 days. • Audit review – 279 days.

PWD Processing: The National Prevailing Wage Center was processing PWD requests filed in December and earlier for H-1B cases and for PERM cases. Redeterminations were being

considered on appeals filed in February and earlier for H-1B cases and for PERM cases. Center director reviews are pending

for those filed in February and earlier for H-1B or PERM cases.

Average times for issuance of prevailing wage determinations in March:

• H-1B – 112 days (OES), 130 days (non-OES). • PERM – 111 days (OES), 112 days (non-OES).

The Labor Department reports PERM and PWD processing time frames on its iCERT page.

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United States - Department of Labor declines to provide additional

flexibility in new FAQ

What is the change?

The Department of Labor Office of Foreign Labor Certification (OFLC) published a third round of FAQ’s today in light of the COVID-19 pandemic. The FAQ affords companies no new

flexibility regarding where H-1B beneficiaries may work during the COVID-19 pandemic.

Key points:

• The FAQ outlines the “short-term placement” provision, which allows employers that meet certain conditions to

place an H-1B worker at a new worksite outside the area of intended employment for up to 30 days, and in some

cases 60 days, without obtaining a new Labor Condition Application (LCA).

• That exception already existed in the regulations.

However, two provisions in the regulations prevent most H-1B employers from making use of it. First, an

employer may not make short-term placements under the provision at worksites in any area of employment for which the employer has a certified LCA for the

occupational classification. Second, it cannot be used for initial placements or assignments.

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