In the past few weeks, the widespread of the new coronavirus (COVID-19) has introduced a large number of difficulties to the general public. We are all taking measures to practice social distancing and try and stop the further spread of the virus.

But as countries are closing their borders, employees are working from home, and students are taking their classes online, immigrant workers in the US are facing their own set of difficulties.

The Trump administration has made it all the more difficult for international workers to obtain an H-1B or L-1 visa, something which has been met with criticism in the past.

Experts claim this is particularly worrisome at this time when employers are instructing their employees to avoid international travel and the US government itself has banned travel to and from certain countries.

“Employees are in a jam. Many employers now prohibit domestic and international travel, and the US government itself is discouraging travel to certain countries,” said Lynden Melmed, a partner at Berry Appleman & Leiden (BAL) and former chief counsel for USCIS, in an interview.

So, if an H-1B holder applies to renew their visa and the application is denied, they will have to return to their home country – despite the fact that they may not actually be able to.

With no way out of the country, and actively violating the conditions of the visa if the stay in the US after the application is denied, many international workers are faced with a conundrum.

Melmed told Forbes that one way that USCIS can help is by “instructing officers not to deny cases for workers in the US unless there are serious violations of law” or allowing the hiring companies to reapply for the visa without the international workers being forced to depart the country. They could also allow the worker to remain in the US despite the expiry of the immigration status, citing the failure to leave a direct result of COVID-19.

Another concern that immigrant workers have amid the “social distancing” measures taken due to coronavirus is remote work. While US citizens do not face any difficulties if they work from home, immigrant workers, who are subject to site visits from USCIS, are another matter.

However, Melmed claims that USCIS will not be conducting site visits to any locations which have closed or are working remotely because of the coronavirus. Additionally, working from home will not change the immigration status of international workers (either H-1B or L-1) provided that they are still working in the same capacity and “within typical commuting distance of the work location on the original petition”.

International personnel travelling from China, Iran and countries included in the Schengen Area will also not be able to enter the US as of March 13. As the coronavirus disease spreads, this list could potentially grow to include new countries.

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