April 20, 2020

Updated EEOC Guidance on COVID-19, the ADA and Other EEO Laws: What Employers Need to Know

On Friday April 17, 2020 the United States Equal Employment Opportunity commission (EEOC) updated its Technical Assistance Questions and Answers about Covid-19, the American with Disabilities Act (ADA) and other EEO laws.

The EEOC update contains important clarifications for employers on issues ranging from temperature testing employees, retention and proper storage of Covid-19 related medical records, to reasonable accommodations of disabled workers who may be at greater risk from Covid-19 as well as steps employers can take to reduce the risk of pandemic related harassment due to national origin, race, or other protected characteristics.

While employers would benefit from reading the entire update, the following 10 answers given by the EEOC to employer questions are particularly helpful:

  1. When screening employees entering the workplace, employers may ask employees about symptoms of Covid-19 identified by the CDC, other public health officials, and/or reputable medical sources.
  2. As the ADA already requires that employers store all medical information about an employee separately from the employee’s personnel file, employers may store medical information related to Covid-19 in existing medical files for employees and need not create separately stored files solely for Covid-19.
  3. An employer may maintain a log of daily temperature checks of employees provided it maintains the confidentiality of the information.
  4. Employers may disclose the names of employees it learns have Covid-19 to public health officials. Similarly, a staffing agency or contractor who places an employee in an employer’s workplace may notify the employer if it learns the employee has Covid-19 so that the employer can determine if the employee had contact with anyone in the workplace.
  5. Employers may not unilaterally postpone start dates or withdraw job offers to individuals over 65 years old or who are pregnant, despite the fact that the CDC has identified them as being at higher risk of Covid-19. Employers may choose to allow telework or discuss whether the individuals would like to postpone their start date.
  6. For jobs that may only be performed in the workplace, there may be reasonable accommodations that employers may provide to employees who, due to a pre-existing disability, are at higher risk of Covid-19. This may include low cost accommodations to increase distance between the employee and others, temporary job restructuring, or modifying scheduled or shift assignments.
  7. Employees already receiving accommodation for a disability may be entitled to additional or altered accommodations that do not impose undue hardship on employers.
  8. The employer’s current circumstances arising from the pandemic is relevant in determining whether a requested accommodation would impose an undue hardship. For example, it may be more difficult to conduct a needs assessment, acquire specific items, or provide temporary assignments or remove marginal functions. Also, the sudden loss of significant revenue by the employer, and the lack of discretionary funds, may cause an otherwise reasonable accommodation request to pose an undue hardship to the employer.
  9. The EEOC recommends that when an employer reopens its workplace they should remind employees that it is against federal EEO laws to harass or otherwise discriminate against co-workers based on race, national origin, color, sex, religion, age, disability or genetic information.
  10. When an employer requires returning employees to wear protective gear, an employee with a disability may need a reasonable accommodation under the ADA (e.g., non-latex gloves, modified face masks for those who communicate with employees using lip reading, or gowns for individuals who use wheelchairs. Similarly, an employee may request a religious accommodation under Title VII (e.g., modified equipment due to religious garb).  In these instances, employers must discuss the request and provide the modification or an alternative if feasible if it does not impose an undue hardship on the employer’s operation.

As legal developments related to COVID-19 are evolving rapidly on the federal, state, and local level, employers are encouraged to keep aware of additional guidance and regulations that will be issued by federal and state departments in the coming days.  As always, we encourage employers to consult with counsel with their specific questions and concerns related to Covid-19.

 

April 15, 2020

COVID-19:  USCIS Guidance for Extending/Changing Status During Pandemic

The coronavirus pandemic presents unique challenges for foreign nationals in the U.S. who have status expiration dates approaching. Many of these individuals are unable to depart the U.S. due to travel restrictions and health concerns, while others may face obstacles to filing applications to extend status while in the U.S.

Thus far U.S. Citizenship and Immigration Services (USCIS) has declined to provide special relief.  Its position is that there are measures under current law that are available for nonimmigrants who may not be able to timely file extensions or depart the U.S. due to COVID-19 or health-related issues. These existing measures are discretionary and generally still require physical filings with USCIS.

Apply for an Extension of Status

Eligible nonimmigrants whose status and work authorization will soon expire may file applications to extend or change status with a USCIS Service Center prior to the I-94 status expiration date.   In certain circumstances, a timely filed extension of status application may also extend the work authorization of the applicant for a period of 240 days beyond the I-94 expiration date, while the application is pending. However, this benefit does not apply to all visa types. Please check with your designated Gibney representative for an individual case assessment, as there are serious consequences for working without authorization for both the employer and the employee.

Limited Online Filings Available

One of the obstacles that foreign nationals and their employers face in filing applications to extend or change nonimmigrant status is the need to file hard copy applications with USCIS.  While USCIS has waived the requirement that individuals file applications with original (“wet”) signatures,  unfortunately, USCIS only offers limited online/electronic filing options. The most common employment-based nonimmigrant visa petition used to secure work authorization, Form I-129, is not currently available for online filing or online payment of fees.  As a result, in most instances, foreign nationals and their employers must still submit a physical filing to USCIS, entailing the need to produce and include filing fee checks and to arrange for the physical delivery of a petition to USCIS.

Flexibility for Late Application Filings

An individual who is unable to file an extension of status application prior to his/her I-94 expiration date may  be eligible for discretionary relief in making a late filing.  Under current regulations, if an applicant files an extension of stay or change of status request after the authorized period of admission expires, USCIS may, in its discretion, excuse the failure to file on time if it was due to extraordinary circumstances.

COVID-19 as Extraordinary Circumstance

USCIS has generally recognized COVID-19 as an “extraordinary circumstance” beyond the control of the foreign national. This means that in those cases where an individual was unable to depart the U.S. or file an extension of status prior to status expiration due directly to the pandemic, a request to retroactively grant status may be approved.  Granting such requests is still within the sole discretion of the USCIS adjudicator.  The length of delay in filing must be commensurate with the circumstances and the applicant must submit credible evidence to support the request, which USCIS will evaluate on a case-by-case basis.   We caution against relying on this discretionary relief as there are severe consequences for remaining in the U.S. beyond an I-94 expiration date when an extension of status application was not timely filed.  Please consult with your Gibney representative prior to making any late filing.

Visa Waiver Entrants – Satisfactory Departure

Individuals who have entered the U.S. for business or tourism pursuant to the visa waiver program (i.e., with ESTA approval) are prohibited from filing  extensions of stay in the U.S. and must depart the U.S. when the authorized period of stay expires. However, in limited circumstances, the individual may request Satisfactory Departure if he/she is unable to depart the U.S. by the admission period expiration date.  Satisfactory Departure provides a one-time, 30-day extension of status if an emergency prevents timely departure.

Generally USCIS has authority to consider and grant Satisfactory Departure requests.  However, there are also regional ports where U.S. Customs and Border Protection (CBP) has stepped in to provide assistance for visa waiver travelers needing Satisfactory Departure.  Participating ports have specific requirements and procedures, and not all ports will assist. If you are a visa waiver traveler and require Satisfactory Departure, please contact your designated Gibney representative prior to expiration of your current period of stay.

For policy updates, operational changes, and other COVID-19 information, please visit uscis.gov/coronavirus or contact your Gibney team.

April 14, 2020

USPTO Issues Patent and Trademark Filing Deadline Extensions

The United States Patent and Trademark Office (USPTO) is providing extensions to file certain patent and trademark-related documents and pay required fees as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act.

Extension Guidelines

  • For eligible documents or fees due between (and inclusive of) March 27, 2020 and April 30, 2020, the filing will be considered timely if made within 30 days of the original due date, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak.
  • A delay in filing or payment is due to the COVID-19 outbreak if the outbreak materially interfered with timely filing or payment.
  • Qualifying circumstances include office closures, cash flow interruptions, lack of access to files or other materials, travel delays, personal or family illness, or similar circumstances.
  • The person affected by the outbreak may be a practitioner, applicant, registrant, or other person associated with the filing or fee. For patents, this may also be a patent owner, petitioner, third-party requester or inventor.

Trademarks

Eligible trademark filings include responses to Office actions, notices of appeal, statements of use, notices of opposition, priority filings, transformation and renewal applications, affidavits of use or excusable nonuse and related requests for extension. For all other situations where COVID-19 has prevented or interfered with a proceeding before the Board, a request or motion for an extension can be made.

Patents

Eligible patent filings include responses to Office actions, notices of appeal, appeal and reply briefs, appeal forwarding fees, PTAB oral hearing and rehearing requests, Chief Judge petitions, patent owner preliminary response in a trial proceeding, or any related responsive filings. Additional relief limited to small and micro entities includes replies to the following notices: omitted items; file corrected application papers; incomplete applications; comply with nucleotide sequences requirements; file missing parts of application (including payment of filing). The extension does not apply to filing dates for new patent applications.

Additional Relief

For trademark and patent applications that were abandoned and registrations that were canceled/expired due to COVID-19, the USPTO waived the petition fee to revive the abandoned application or reinstate the canceled/expired registration. Petitions must include a statement explaining how the failure to respond to the Office communication was due to the COVID-19 outbreak and must be filed not later than two months after the issue date of the notice of abandonment or cancellation.

USPTO Office Remains Open

The USPTO is open for the filing of documents and fees. Waivers are only available for delays due to the COVID-19 emergency.

What’s Next

The USPTO will continue to evaluate the evolving situation around COVID-19 and the impact on the USPTO’s operations and stakeholders. If the USPTO extends the CARES Act relief, the USPTO will provide timely notice. Gibney will continue to monitor these updates. For more information, please see the USPTO FAQs.

April 9, 2020

IRS Employee Retention Credit: What Employers Need to Know

The Internal Revenue Service launched the Employee Retention Credit to encourage businesses to keep employees on their payroll. The refundable tax credit is 50% of up to $10,000 in wages paid by an eligible employer whose business has been financially impacted by COVID-19.

What Businesses Qualify

The credit is available to all employers regardless of size, including tax-exempt organizations. State and local governments and their instrumentalities and small businesses who take small business loans do not qualify.

Employers must fall into one of two categories:

  • Business is fully or partially suspended by government order due to COVID-19 during the calendar quarter
  • Gross receipts are below 50% of the comparable quarter in 2019; if gross receipts go above 80% of a comparable quarter in 2019, they no longer qualify after the end of that quarter
  • Measures are calculated each calendar quarter

How Credit is Calculated

Credit is 50% of qualifying wages paid up to $10,000 in total for wages paid after March 12, 2020, and before Jan. 1, 2021. Wages are not limited to cash payments, and also include a portion of the cost of employer provided health care.

Qualifying Wages

Qualifying wages are based on the average number of a business’s employees in 2019.

  • Employers with less than 100 employees in 2019: Credit is based on wages paid to all employees, regardless if they worked or not; if employees worked full time and were paid for full time work, employers still receive the credit
  • Employers with more than 100 employees in 2019: Credit is allowed only for wages paid to employees who did not work during the calendar quarter

How Employers Can Receive Credit

  • Will be immediately reimbursed by reducing their required payroll tax deposits withheld from employees’ wages by the amount of the credit
  • Must report their total qualified wages and related health insurance costs for each quarter on their quarterly employment tax returns or Form 941 beginning with the second quarter
  • If employment tax deposits are not sufficient to cover the credit, employers may receive an advance payment from the IRS by submitting Form 7200, Advance Payment of Employer Credits Due to COVID-19

More updates on the Employee Retention Credit, Tax Credits for Required Paid Leave and other information can be found on the IRS Coronavirus page.

April 9, 2020

Of Cash, Counterfeits and Technology

Without waxing on too much with a certain amount of nostalgia, I remember the late 1990s when we first started enforcing against online sellers. Addressing the issue was simple and fairly straight forward. Little did we know what awaited us.

As number of platforms grew, technology advanced, mobile platforms mushroomed, counterfeiters developed the uncanny knack of exploiting nascent technology to best serve their illegal wants and desires. With no road map and strategies instituted on the fly, the enforcement battle lines were drawn and the battle joined.

What still amazes me is the willingness of counterfeiters to continue to sell in the darkest of times. Without even taking in the account the those who lack a moral compass and would sell counterfeit PPE and pharmaceuticals to desperate people around the world, let’s talk about the close in sellers providing goods through sites that encourage local connections and in person exchanges.

While conducting online enforcement on behalf of our clients, we have noticed that sellers now tend to post more during the weekend than in the past (real work takes precedence). Sellers are now more prevalent on these platforms in the western half of the country. In reviewing images, sellers appear to be enjoying the outdoors without significant social distance. However, they will not sell in person. Many have shifted to mailing product (even locally) with tracking numbers and securing payment through a variety of person to person payment options; again using technology to enhance their efforts.

As the discussion turns to the post-pandemic world, it will be interesting to see how the sale of counterfeit goods will change. In particular, what the future will be of in person, cash transactions. You can rest assured that the counterfeiters will lead the way in harnessing technology to their maximum benefit.

What do you think? What are your current enforcement challenges and what hazards in the road do you see ahead for stemming the sale of counterfeit goods.

April 8, 2020

New York Permits Remote Witnessing and Notarization of Estate Planning Documents

On April 7, Governor Cuomo issued an executive order allowing the act of witnessing estate planning document required under New York State laws to be done using audio video technology. This expands the executive order issued on March 19, 2020 permitting remote notarization.

Requirements for Remote Witnesses

  • The person requesting that their signature be witnessed, if not personally known to the witness(es), must present valid photo ID to the witness(es) during the video conference, not merely transmit it prior to or after;
  • The video conference must allow for direct interaction between the person and the witness(es), and the supervising attorney, if applicable (e.g. no pre-recorded videos of the person signing);
  • The witnesses must receive a legible copy of the signature page(s), which may be transmitted via fax or electronic means, on the same date that the pages are signed by the person;
  • The witness(es) may sign the transmitted copy of the signature page(s) and transmit the same back to the person; and
  • The witness(es) may repeat the witnessing of the original signature page(s) as of the date of execution provided the witness(es) receive such original signature pages together with the electronically witnessed copies within thirty days after the date of execution.

This applies to execution and attestation of wills, living trusts, appointment of health care proxies, powers of attorney and recording instruments affecting real property.

Requirements for Remote Notarization

  • The person seeking the Notary’s services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after;
  • The video conference must allow for direct interaction between the person and the Notary (e.g. no pre-recorded videos of the person signing);
  • The person must affirmatively represent that he or she is physically situated in the State of New York;
  • The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed;
  • The Notary may notarize the transmitted copy of the document and transmit the same back to the person; and
  • The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution.

For questions or additional information:

Meredith Mazzola
mmazzola@gibney.com

April 3, 2020

The CARES Act: Loan Program Options for Small Businesses to Consider

On March 27, Congress passed the Coronavirus Aid, Relief and Economic Security (CARES) Act to alleviate the economic impact of COVID-19 on both individuals and businesses. The legislation provides economic assistance to small businesses through several Small Business Administration (SBA) program options.

Paycheck Protection Program Loans

The Paycheck Protection Program prioritizes Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses. The program provides qualified small businesses with loans of up to $10 million. The program is retroactive to February 15, 2020 to help bring workers who may have already been laid off back onto payrolls. Loans are available through June 30, 2020.

Who is Eligible?

Qualifying businesses in all U.S. states and territories:

  • Businesses, nwith 500 or fewer employees
  • Certain businesses with greater than 500 employees in certain industries, including the hotel and food industry
  • Sole proprietors and independent contractors
  • Approved franchises listed on the SBA’s registry
  • Businesses receiving funding through a Small Business Investment Company

Guidelines for Loans

  • Loans are up to two months of average monthly payroll costs from the last year plus an additional 25%
  • Maximum loan amount up to $10 million
  • Loans will be fully forgiven if the funds are used for payroll costs, interest on mortgages, rent and utilities however at least 75% of the forgiven amount must have been used for payroll
  • Payroll costs must not exceed $100,000 of annual compensation per employee
  • Initial loans have a maturity of 2 years and an interest rate of 1% (loans past the initial term have interest rates capped at 4%)
  • No collateral or personal guarantees are required
  • First payment deferred for six months
  • No borrower or lender fees payable to SBA as before

How to Apply

Small businesses and sole proprietors can apply starting April 3. Independent contractors and self-employed workers can apply starting on April 10.

Applications can be made through any existing SBA lender or federally insured depository institution or credit union, and Farm Credit System institution that is participating. Other regulated lenders will be available to make these loans once they are approved and enrolled in the program. Visit www.sba.gov for a list of SBA lenders.

For more information on the program including forms and the interim final rule, please visit the U.S. Department Treasury site. The rules and details remain in flux, so please check back often for additional changes and updates.

Economic Injury Disaster Loans and Loan Advances

The CARES Act expands the Small Business Administration’s long-standing Economic Injury Disaster Loan Program (EIDL) to offer financial support to more businesses experiencing reduced revenue due to the pandemic. Historically, the SBA has offered disaster relief assistance to businesses, homeowners and renters in specific areas where federally declared disasters occurred however, companies in all states and U.S. territories can now apply.

Who is Eligible?

  • Businesses with fewer than 500 employees
  • Cooperatives, ESOPs, and tribal small businesses with fewer than 500 employees
  • Sole proprietors, independent contractors and self-employed persons
  • Nonprofits and veterans organizations

Guidelines for Loan Advances

  • Loans are available up to $2 million to pay fixed debts, payroll, accounts payable and other bills that can’t be paid because of the disaster’s impact
  • The interest rate is 3.75% for small businesses and 2.75% for non-profits
  • Long-term repayments can be up to a maximum of 30 years and are determined on a case by case basis
  • Terms are determined on a case-by-case basis, based upon each borrower’s ability to repay
  • Payments on COVID-19 EIDL loans are deferred for one year
  • Borrowers do not have to prove they could not get credit elsewhere

How to Apply

The SBA offers additional information and details on the SBA site. Unlike the PPP loans, the EIDL submissions are made to SBA, not the banks directly.

Determining the Best Option for Your Business

Every business should consider the various assistance programs available to determine which may work best for both short- and long-term business planning. Remember that many states are also offering loans, grants and incentive programs. Consider all qualification criteria, terms and repayment options.

For questions or more information, please reach out to your Gibney contact or email info@gibney.com.

April 2, 2020

FY 2021 H-1B Cap Filing Period Opens

U.S. Citizenship and Immigration Services announced that H-1B cap-subject petitions for fiscal year (FY) 2021 may now be filed with USCIS if based on a valid selected registration.

What This Means for Employers

  • Employers may now file H-1B cap petitions for beneficiaries who were selected in the random selection process (“lottery”) that was completed March 27, 2020.
  • Employers or their representatives may access their online USCIS H-1B cap registration accounts to see whether a beneficiary was selected in the lottery. If the registration status indicates “selected,” the employer may file a FY 2021 H-1B cap petition for that beneficiary.
  • The H-1B cap petition must be properly filed for the selected beneficiary within the period indicated on the registration selection.
  • The registration selection notice specifies a 90-day filing period (April 1, 2020 through June 30, 2020) and designates the USCIS Service Center for submission of the petition. The registration selection notice must be printed and filed with the H-1B cap petition for the selected beneficiary.

Reminders

  • Online filing is not available for submission of H-1B petitions. Petitioners must submit a hard copy/paper petition to USCIS that includes a printed copy of the applicable registration selection notice.
  • Due to COVID-19, USCIS will temporarily accept all benefit forms, including Form 1-129 for H-1B cap petitions, with reproduced original signatures. (Employers must still retain the original documents containing the “wet” signature to provide to USCIS if requested at a later date.)
  • Effective March 20, 2020, USCIS has temporarily suspended premium processing service for all Form I-129 and I-140 petitions until further notice. This means that all H-1B cap petitions must be submitted under “regular” processing. If premium processing is later reinstated, employers may have the option of interfiling a premium processing request (with the applicable $1440 filing fee) to obtain a decision in 15 days.

Background

This was the first year that USCIS used an electronic registration system for the H-1B cap lottery instead of requiring employers to submit fully prepared H-1B cap petitions for selection in the lottery. The new system was generally viewed as a great improvement for employers and USCIS alike, and an overall success. USCIS received approximately 275,000 unique registrations during the registration period from March 1 to March 20, 2020.

USCIS received approximately 275,000 unique registrations during the registration period from March 1 to March 20, 2020, an increase of more than one third over last year, when 201,011 petitions were entered into the lottery. Approximately 46% of all registrations were for prospective beneficiaries with U.S. advanced degrees.

USCIS cautions that employers must still establish that selected beneficiaries are eligible for H-1B classification, and that the H-1B cap petition is approvable at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. Selection in the lottery merely conveys eligibility to file an H-1B cap petition; the employer must still submit sufficient evidence to establish eligibility for the benefit sought. More information is available at the USCIS H-1B Electronic Registration Process page.

Gibney will work with employers to prepare and file H-1B petitions for selected beneficiaries during the 90-day filing window. For additional information, please contact your designated Gibney team or email info@gibney.com.

April 1, 2020

CARES Act: Retirement Plan Distributions and Loans Provisions for Employers

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Employees may be inquiring about whether they can receive distributions or loans from the company’s 401(k) plan to confront financial challenges resulting from the COVID-19 virus. The CARES Act includes several provisions regarding 401(k) distributions and loans that employers may wish to consider.

COVID-19 Related Distribution Provisions

  • A 401(k) plan may allow employees to receive COVID-19-related distributions for any taxable year from an employer that do not exceed $100,000 (aggregate) from all plans maintained by the company.
  • The 10% additional tax that applies to distributions for employers under age 59½ is waived between January 1, 2020 and December 31, 2020.

Who Qualifies for a COVID-19 Related Distribution?

  • Qualified distributions are any distribution from a 401(k) plan or other qualified plan made to an individual under the following circumstances:
  • Has been diagnosed with virus SARS-CoV-2 or COVID-19 by a test approved by the Centers for Disease Control and Prevention
  • Spouse or dependent has been diagnosed by such test
  • Experiences adverse financial consequences as a result of being quarantined, furloughed, terminated, subject to a reduction of hours or unable to work due to lack of child care, subject to reduced hours of a business owned or operated by the individual or other factors as determined by the Secretary of the Treasury
  • Plan administrators may rely on the employee’s certification that the distribution requirements are met.

Repayment Guidelines

  • Employees may repay the amount of these distributions included in income over the three-taxable-year period beginning with the taxable year the distribution is received
  • Employees may repay the aggregated amount of the distribution (or any portion thereof) by making one or more contributions to their company’s plan or any other eligible retirement plan of which the individual is a beneficiary that accepts eligible rollover contributions
  • Distributions are treated as eligible rollover distributions if they are repaid within three years following the date of the distribution

Temporary Waiver of Required Minimum Distributions

  • The CARES Act temporarily waives required minimum distributions from 401(k) plans and other defined contribution plans and IRAs for participants who were required to receive such distributions in 2020. The waiver does not apply to distributions beginning in calendar years after 2020.

Plan Loans

Plans may increase the amount of loans available to employees who are eligible to receive COVID-19-related distributions:

  • During the 180-day period following the enactment (March 27, 2020), employees may receive plan loans that do not exceed the lesser of $100,000 (increased from $50,000) or 100% (increased from 50%) of the present value of the employee’s nonforfeitable accrued benefit under the plan
  • The due date for the repayment of any outstanding plan loans occurring between March 27, 2020, and December 31, 2020 can be delayed for one year. Plans adopting this provision must adjust subsequent repayments appropriately to reflect the delay in repayment and any interest accruing during the delay

What Employers Should Consider if Making Plan Amendments

Distribution and loan provisions are at the discretion of each company.

If you decide to adjust these provisions, your plan document does not have to be amended until the last day of the plan year beginning in 2022 (December 31, 2022, because your plan is a calendar year plan).

Provisions are effective immediately. It is important to review any changes with service providers to determine any fees associated with provisions.

All provisions will require drafting updated employee communications and updating the plan’s distribution and loan procedures.

Meredith Mazzola
Partner, Tax Group
mmazzola@gibney.com

March 30, 2020

COVID-19 Travel: India Travel Restrictions and Evacuation Procedures

The India Government continues to implement new travel restrictions due to the COVID-19 pandemic. The following are guidelines for commercial flights and evacuation procedures for citizens of other countries who are in India:

Commercial Passenger Services Suspended Until April 14, 2020

All scheduled international commercial passenger services will remain suspended until April 14, 2020 at 6:30 PM GMT.

No incoming international commercial passenger aircrafts will be allowed to land and disembark passengers in India until April 14. This restriction will not apply to international all-cargo operations and flights specifically approved by the Directorate General of Civil Aviation. While there is no specific announcement regarding the departure of flights from India, no flights are leaving India at this time.

Evacuation Procedures for Citizens of Other Countries

The French, U.S., and United Kingdom governments, among others, are working with the Indian Government and airlines to obtain clearance for flights to leave India so their citizens may return to their home countries. Germany and Israel have already obtained permission to evacuate their citizens.

U.S. Nationals in India

The U.S. consulates in India anticipate that several flights will depart from New Delhi and Mumbai to the U.S. this week. U.S. citizens interested in departing from India on a U.S. government coordinated flight must complete a Repatriation Registration for U.S. Citizens Form as soon as possible to be notified of potential ticket availability. The form may be accessed at https://tinyurl.com/uscit-india.

British Nationals in India

British citizens who wish to return to the U.K. must email the High Commission of the United Kingdom at Conqry.Newdelhi@fco.gov.uk. The High Commission of the United Kingdom indicates that British nationals should be prepared to stay in-country until commercial flights resume. Additional information is available at https://www.gov.uk/foreign-travel-advice/india/return-to-the-uk.

Italian Nationals in India

Italian nationals are requested to report their presence to the Embassy of Italy in New Delhi by providing information to the Embassy on shorturl.at/qHWY1.

We are closely monitoring matters in India and will provide further updates as they are announced by the Indian government. If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.