On August 1, all U.S. employers will have the option to use the new “one-page” Form I-9 (edition date 08/01/2023). The new August 2023 Form I-9 and Instructions are only available in draft form before August 1, 2023 via the Federal Register posting. Employers may use the current version of Form I-9 (edition date 10/21/2019) …
UPDATE: Form I-9 Remote Flexibility Ending July 31, 2023 / In-Person Inspection Required by August 30, 2023 – Why?
The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9 effective November 1, 2022, until July 31, 2023. On May 5, 2023, U.S. Immigration and Customs Enforcement (ICE) announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 remote inspection flexibilities end on …
Clearing the J-1 Home Residency Hurdle: Four Ways to Waive the Home-Residence Requirement
J-1 status is a favorite for foreign nationals attending medical resident training programs in the United States. While there are many advantages to the J-1 visa category, one major obstacle remains for J-1 physicians who wish to continue working in the United States—the home residence requirement. Because the J-1 physician visa is considered an “exchange …
Form I-9 Remote Flexibility Ends July 31, 2023 – 5 Things to Keep in Mind
The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9, effective November 1, 2022 – July 31, 2023. Additionally, in August of 2022, DHS invited public comment on a Notice of Proposed Rulemaking (NPRM)[1] regarding new policies for consideration in Form I-9 completion, such as permanent virtual document review options …
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The No Brainer Immigration Prediction for 2023: Homeric Backlogs and Delays – 10 Notes to Self for Surviving
U.S. immigration law has always been challenging with ever-changing rules and policies and their far-reaching effects. However, the constant complication post-pandemic has been the unpredictability of processing times and their amazing lengths. Delays in consular appointments and adjudications within the United States (U.S.) complicate and disrupt the process and result in global quicksand versus mobility. …
New Public Charge Questions Add More Challenges for Adjustment of Status Applicants
On December 9, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the release of a new version (12/23/22) of Form I-485, Application to Register Permanent Residence or Adjust Status, in connection with a new regulation addressing the public charge ground of inadmissibility, which would take effect on December 23, 2022. When must the new Form …
H-2B Visa Program gets “Peak Load” Visa Numbers Boost for FY 2023
As U.S. companies struggle to find workers to fill their rosters, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), offered a reprieve through the authorization of supplemental visa numbers for the H-2B temporary non-agricultural worker program. Industries that may benefit from this “peak load need” visa boost include: hospitality, …
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Form I-9 Update – L and E Nonimmigrant Spouses Eligible for Work Without Employment Authorization Document – Really?
During this challenging time for employers in search of workers, U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) have managed to cooperate to coordinate a response to the litigation settlement (Settlement) reached in Shergill, et. al. v. Mayorkas announced on November 12, 2021. The Settlement will finally recognize that spouses …
Travel Restrictions and New Requirements for Air Travel
Just as the world breathed a sigh of relief for the easing of almost 18 months of travel restrictions, just as quickly did the feelings of dismay wash over viewers when it was revealed in Empire Strikes Back that Vader was Luke’s father, in one of the greatest plot twists in cinema. In a similar …
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U.S. Land Border Reopens to Non-Essential Vaccinated Travelers November 8
Monday, November 8, marks a reopening of international air travel for vaccinated foreign nationals as well as entry to the United States (U.S.) via the land border for non-essential vaccinated foreign visitors due to a recent announcement by the U.S. Department of Homeland Security (DHS). This change marks the first time since March of 2020 …
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