Employers continue to face compliance challenges in determining whether a new hire is work authorized for Form I-9 purposes, given the dynamic changes in immigration policy and regulation. For instance, this year alone, U.S. Citizenship and Immigration Services (USCIS) has posted significant updates on the Form I-9 Central news page, including: The increase of the …
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 …
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 …
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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Department of State Extends NIE Validity Providing Relief for Travelers
To reduce the backlogs of National Interest Exception (NIE) applications required by the Presidential Proclamations (Proclamations) regarding travel from designated countries to the U.S. due to the pandemic, the U.S. Department of State (DOS) announced on July 6, 2021, that it will extend the validity period of NIEs from 30 days to 12 months from …
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USCIS June Policy Alert Trio Provides Some Love to Beleaguered Applicants
On June 9, the Office of the Director of United States Citizenship and Immigration Services (USCIS) issued three Policy Alerts (PAs), which continue a trend by USCIS to insert (hopefully) more reason and justice in adjudications by the agency. The PAs were issued on the following issues: Increasing the validity period of employment authorization card …
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President Proclamation 10052 Times Out: Now What for Nonimmigrant Visa Applicants?
April 1, 2021 marked the beginning of consular processing at U.S. consulates and embassies throughout the world without the restrictions imposed on certain nonimmigrant visa processing under Presidential Proclamation 10052, which went into effect on June 24, 2020 during the Trump administration (PP 10052).[1] The legal bases cited for the imposition of PP10052 were §212(f) …
COVID-19 TRAVEL RESTRICTIONS SHELF LIFE UPDATE (through Jan. 1, 2020)
On December 31, 2020, President Trump extended Proclamations 10014 and 10052 noted in this article until March 31, 2021 with a requirement to review the proclamations for modifications every 30 days by the Secretaries of Homeland Security, State, and Labor. In the proclamation issued on December 31, 2020, President Trump continued to invoke economic conditions …
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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 …