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 …

Form I-9 Alert – USCIS Designates I-94s with New Admission Codes For E and L Spouses as List C Documents… What?

After the United States (U.S.) Citizenship and Immigration Services (USCIS) recognized that E and L nonimmigrant spouses are entitled to work in the U.S. “incident to status” on November 12, 2021, a new Category of Admission (COA) codes were created for use in issuing Forms I-94. And on March 18, 2022, USCIS updated its Policy …

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 …

I-9 Covid Employment Verification Compliance: ICE announces continuance of I-9 compliance flexibility

On September 14, 2020, U.S. Immigration and Customs Enforcement (ICE) announced an extension of its flexibility provisions related to Form I-9 compliance, which ICE granted earlier this year. The extended flexibility requirements are intended to address situations in which employers’ entire operations are being conducted remotely due to Covid-19 concerns.  The Department of Homeland Security …

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 …

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 …

New Form I-9 Version Announced – Must Be Used May 1

US Citizenship and Immigration Services (USCIS) announced in the Federal Register on January 31, 2020, that the new version of Form I-9 (rev.10/21/2019) would be available for use on January 31, BUT employers can still continue to use the prior effective version of the Form I-9 (rev. 07/17/2017N) through April 30, 2020.   This announcement basically …

Criminal Warrants for Employers and the Risk of “Knowing” Hires

On April 3, Immigration and Customs Enforcement (ICE) issued a press release regarding its largest worksite enforcement action at one site in ten years against CVE Technology Group Inc. (CVE), a consumer electronics refurbishment and reverse logistics business, at its receiving center’s offices in Allen, Texas north of Dallas.  The action resulted in the arrest …