Updates

Reminder for E-Verify Employers Using Alternative Procedure for Form I-9 Documents Examined Remotely During COVID-19 Temporary Flexibilities

On July 25, 2023, DHS announced an alternative procedure for Form I-9 allowing “qualified employers” to choose an alternative procedure (i.e. a virtual document inspection via video call) in lieu of physically examining Form I-9 documentation that had been examined

Keeping Up With a Week of I-9 Updates! Some Employers Can Cancel Their I-9 Pajama Party!

Last week, the U.S. Department of Homeland Security (DHS) formalized the end of the temporary COVID-19 flexibilities which had allowed for remote inspection of documents. DHS previously announced that the flexibilities will end on July 31, 2023, but allowed for

ICYMI: Employers Have 30 Days to Reach I-9 Compliance After COVID Flexibilities Sunset on July 31, 2023

On May 4, 2023, DHS and ICE announced that employers have an additional 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. These I-9 flexibilities were first announced in March 2020

I-9 Compliance Flexibility Requirements Extended Through July 31, 2023

On Tuesday, October 11, 2022, the U.S. Immigration and Customs Enforcement (ICE) announced that the U.S. Department of Homeland Security (DHS) is extending the flexibility in complying with requirements related to Form I‑9, Employment Eligibility Verification, due to COVID‑19. This temporary guidance

I-9 Compliance Flexibility Requirements Extended Through October 31, 2022

On Monday, April 25, 2022, the U.S. Immigration and Customs Enforcement (ICE) announced that the U.S. Department of Homeland Security (DHS) is extending the current I-9 compliance flexibility requirements in place, for another six (6) months, due to the continued COVID-19 precautions.

I-9 Compliance Flexibility Requirements Extended Through April 30, 2022

On Wednesday, December 15, 2021, the U.S. Immigration and Customs Enforcement (ICE) announced that the U.S. Department of Homeland Security (DHS) is extending the current I-9 compliance flexibility requirements in place, for another four (4) months, due to the continued COVID-19 precautions.

I-9 Compliance Flexibility Requirements Extended Through December 31, 2021

On Tuesday, August 31, 2021, the U.S. Immigration and Customs Enforcement (ICE) announced that the U.S. Department of Homeland Security (DHS) is extending the current I-9 compliance flexibility requirements in place, for another three (3) months, due to the continued COVID-19 precautions.

I-9 Compliance Flexibility Requirements Extended Through August 31, 2021

On Wednesday, May 26, 2021, the U.S. Immigration and Customs Enforcement (ICE) announced that the U.S. Department of Homeland Security (DHS) is extending the current I-9 compliance flexibility requirements in place, this time for another three (3) months, due to the continued

DHS Clarifies Latest Update on Form I-9 Compliance Flexibility Requirements

In an email to stakeholders on Wednesday, May 19th, 2021, the U.S. Department of Homeland Security (DHS) provided clarification regarding Form I-9 compliance temporary flexibility requirements due to COVID-19.  The latest announcement includes clarification in three main areas: An employer’s entire staff

The Entrepreneur Visa (“Parole”) is Back!

On May 10, 2021, the U.S. Citizenship and Immigration Services (USCIS) announced the withdrawal of the notice of proposed rulemaking that proposed to remove the International Entrepreneur program from the U.S. Department of Homeland Security (DHS) regulations. The announcement is consistent with

I-9 Compliance Flexibility Requirements Extended Through May 31, 2021

On March 31, 2021, the U.S. Immigration and Customs Enforcement (ICE) announced that the U.S. Department of Homeland Security (DHS) is extending once again the current I-9 compliance flexibility requirements in place, for another sixty (60) days due to the continued COVID-19 precautions.

USCIS Completes Selection of H-1B Registrants

On March 27, 2021, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree

I-9 Compliance Flexibility Requirements Now Extended Through March 31, 2021

On January 27, 2021, the U.S. Immigration and Customs Enforcement (ICE) announced that the U.S. Department of Homeland Security (DHS) is extending once again the current I-9 compliance flexibility requirements in place, which was set to expire on Sunday, January 31, 2021.

Trump Administration Extends Immigration Restrictions Barring Entry of Immigrants and Certain Nonimmigrant Visa Holders

On December 31, 2020, the Trump Administration extended presidential proclamations 10014, suspending the entry of immigrants, and 10052, suspending entry of nonimmigrant visa holders including their dependent family members, who are in H-1B, H-2B, J and L categories. Both proclamations, which would have otherwise

I-9 Compliance Flexibility Requirements Now Extended Through January 31, 2021

The U.S. Immigration and Customs Enforcement (ICE) announced today that the U.S. Department of Homeland Security (DHS) will once again extend the current I-9 compliance flexibility requirements in place, which was set to expire next Thursday, December 31, 2020. The new expiration date

USCIS Extends Flexible Deadlines for RFEs and Other Requests

On December 18, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced that it is extending its flexibility measures in response to COVID-19, that allows applicants and petitioners to submit responses to certain USCIS requests up to sixty (60) days

USCIS Extends Validity of I-797 Approval Notices for I-9 Compliance Due to Continued EAD Delays

The U.S. Citizenship and Immigration Services (USCIS) extended the validity of certain Forms I-797 Notice of Action (I-765 approval notices), for use as List C #7 document for Form I-9 verification compliance, from December 1, 2020 to February 1, 2021. Important Notes

Another District Court Sets Aside DOL’s New Wage Rule and Orders DOL to Reissue Prevailing Wage Determinations

On December 14, 2020, another district court ruled against the U.S. Department of Labor’s (DOL) Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States interim final rule (“Wage Rule”), issued on October 8, 2020, that changed the

USCIS Accepting New DACA Requests Again

On December 7, 2020, the U.S. Department of Homeland Security (DHS) announced that the U.S. Citizenship and Immigration Services (USCIS) is accepting new applications for Deferred Action for Childhood Arrivals also known as “DACA,” among other things. The announcement was made following a December

DOL Rolls Back Wage Rule; USCIS’ Extreme H-1B Rule Will Not Take Effect

On Friday, December 4, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced that it will not implement its Strengthening the H–1B Nonimmigrant Visa Classification Program interim final rule (“H-1B Rule”) that was scheduled to take effect on December 7, 2020. Similarly, on December

Federal Judge: DHS H-1B and DOL Wage Rules Violate Administrative Procedures Act

On Tuesday, December 1, 2020, the U.S. District Court for the Northern District of California set aside both the U.S. Department of Homeland Security’s (DHS) Strengthening the H–1B Nonimmigrant Visa Classification Program interim final rule (“H-1B rule”) and U.S. Department

I-9 Compliance Flexibility Requirements Now Extended Through December 31, 2020

The U.S. Immigration and Customs Enforcement (ICE) announced today that the U.S. Department of Homeland Security (DHS) will once again extend the current I-9 compliance flexibility requirements in place, which was set to expire tomorrow, November 19, 2020. The new

New USCIS Fees on Hold

A federal judge in California blocked the U.S. Citizenship and Immigration Services (USCIS) from implementing its new rule on increased filing fees. The nationwide injunction was issued yesterday, just three days before the new USCIS filing fees are scheduled to

I-9 Compliance Flexibility Requirements Now Extended Through November 19, 2020

On September 14, 2020, the U.S. Immigration and Customs Enforcement (ICE) announced that the U.S. Department of Homeland Security (DHS) will once again extend the I-9 compliance flexibility requirements — which was set to expire on Saturday, September 19, 2020 — for

Employers may accept I-797 Approval Notices for Delayed EAD Cards

On August 19, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced that due to Employment Authorization Document (EAD) production delays caused by COVID, employees may use Form I-797, Notice of Action, as a list C #7 document for Form I-9 verification compliance.


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