USCIS EXTENDS RECOGNITION OF VALIDITY OF EMPLOYMENT AUTHORIZATION APPROVAL NOTICES FOR FORM I-9 COMPLETION

On November 23, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a welcome announcement in light of ongoing delays by the agency to adjudicate employment authorization documents (EADs). This announcement extends the acceptance of an I-797 Notice of Action for approval of an employee’s I-765, Application for Employment Authorization, as a List C, item #7 …

2020 USCIS I-9 Guidance Round-Up

As a result of the ongoing COVID-19 global pandemic, employees continue to work from home in record numbers, and employers continue to scramble to adjust their business operations and employee relations policies to accommodate the so-called “new normal”. Following-up on our earlier news about the US Department of Homeland Security’s (DHS) odd relaxation of certain …

USCIS Fees Set to Change on October 2, 2020

On August 3, 2020, the Department of Homeland Security (DHS) issued a final rule that makes sweeping changes to the U.S. Citizenship and Immigration Services (USCIS) fee schedule.  It also removes certain fee exceptions, alters premium processing time limits, and mandates the use of new forms, among other changes. The rule is scheduled to take …

USCIS Accommodation on I-9 Completion Due to Its Inability to Issue Timely EAD Cards

On August 20, 2020,  United States Citizenship and Immigration Services (“USCIS”) announced that due to Covid-19 and because of its long delays in producing Employment Authorization Documents, Form I-766 (“EAD”) cards, that it would permit employees to present  a Form I-797, Notice of Action, Approval Notice to prove work authorization for their Form I-9, Employment …

USCIS COVID-19 Response: An Overview of the Resumption of In-Person Services

On March 18, 2020, United States Citizenship and Immigration Services (“USCIS”) temporarily suspended in-person services at their field offices, asylum offices and application support centers (ASCs) in response to the coronavirus (COVID-19).  USCIS, however, continued to accept petitions, applications and requests while the offices were closed, and continued to perform all work not requiring in-person …

The DACA Decision – Supreme Court’s Ruling Provides Temporary Uncertain Relief

The Trump administration has already announced its goal to end the Deferred Action for  Childhood Arrivals (DACA) policy commenced on June 15, 2012 by President Obama within the next six months post the decision of the U.S. Supreme Court on June 18 finding that the decision of the Department of Homeland Security (DHS) to end …

Premium Processing Resumes This Month for Desperate Employers and Their Employees

On March 20th, US Citizenship and Immigration Services (“USCIS”) announced the temporary suspension of premium processing for all Form I-129 and I-140 petitions, ostensibly due to the effects of the COVID-19 pandemic. Although the Administration’s true motives are often difficult to assess, on its face, the announcement was not all that different than we have …

CROSS-BORDER TRAVEL BETWEEN THE U.S. AND MEXICO/CANADA – NON-ESSENTIAL TRAVEL RESTRICTIONS EXTENDED TO JUNE 22, 2020

On March 24, 2020, two notices (Notices) were published in the Federal Register by United States (U.S.) Customs and Border Protection (CBP) related to limitations on cross-border travel along the northern[1] and southern[2] borders of the U.S.  Both of these restrictions went into effect as 11:59 p.m. (EDT) on March 20, 2020, and remained in …

Expired State Identity Documents Temporarily Accepted for Form I-9 List B and the Case-by Case Remote Form I-9 Completion Risk

U.S. Citizenship and Immigration Services (USCIS) recently issued a follow-up Question and Answer sheet   (Q&A Sheet) to the  March 20 announcement of the U.S. Department of Homeland Security (DHS) related to a limited relaxation to physical proximity requirements associated with Form I-9 completion due to COVID-19.  While the acceptance of an expired state identity document …

Employer Tips Part 2: Updates on the FY 2021 H-1B Cap Registration Process

Kathleen Campbell Walker’s January 21, 2020 article titled, “Employer Tips: Preparing for FY 2021 H-1B Season and Pre-Lottery Registration,” introduced employers to the new H-1B cap process for fiscal year 2021.  Since then, U.S. Citizenship and Immigration Services (USCIS) conducted several webinars and provided additional insight on the H-1B registration tool and electronic registration process. …