Amy L. Peck

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To support the Trump Administration’s COVID-19 reopening policies, Chad F. Wolf, the Acting Secretary of Homeland Security, signed an order exempting some foreign professional athletes (and their staff and dependents) who compete in certain leagues, from the COVID-19 travel restrictions that are in place for 30 countries: China, Iran, Ireland, the U.K, and the 26…

As businesses begin to reopen after shutdowns to help stop the spread of the COVID-19 pandemic, employers should anticipate heightened scrutiny by USCIS, ICE, and the Departments of Labor and Justice regarding wage and hour and immigration requirements.

The current surge in worksite enforcement is expected to result in as many as 10,000 I-9 audits…

The persistent problem of undocumented workers presenting plausible (but ultimately fraudulent) employment verification documents to employers has taken a new twist in the COVID-19 pandemic: a rise in imposter claims for unemployment insurance.

Imposter claims are a type of identity theft; someone uses someone else’s personal information, including Social Security numbers, to collect unemployment compensation.…

It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the years since that filing, the case has gone back and forth between the D.C. District Court…

On the same day that the Department of Homeland Security (DHS) recapitulated its usual policies and procedures for dealing with delays in processing extensions and changes of status due to COVID-19, 100 Democrats in the House of Representatives joined the Congressional Hispanic Caucus to urge the Trump Administration to automatically extend work authorization for…

E-Verify has modified its policies temporarily due to COVID-19 as follows:

  • Employers must still create cases in E-Verify within three business days from the date of hire.
  • Employers should use the hire date from the employee’s Form I-9 Employment Eligibility Verification.
  • Delays in E-Verify case creations are documented in the usual way by selecting

…

The Department of Homeland Security (DHS) announced flexibility regarding Employment Verification (Form I-9) regulations due to COVID-19.

Recognizing that companies and organizations are having to temporarily shift to a remote working basis, DHS is allowing employers to inspect Section 2 documents remotely (e.g., over video link, fax or email, and so on) and to obtain,…

Processing delays for immigration cases have increased by 46 percent in the past two fiscal years and 91 percent since FY 2014.

Businesses complain that they cannot obtain H-1B visas for key employees. Congress is looking into why these delays are taking place. In the meantime, foreign nationals become disenchanted and look for solutions in…