For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually over video link or by fax or email. That flexibility is set to expire on October 31, 2022. Please see our full legal update
Amy L. Peck
I-9 Reminder: Unexpired Documents by July 31
Employers whose employees presented expired List B documents for Form I-9 Employment Eligibility Verification purposes between May 1, 2020, and April 30, 2022, must update Form I-9 with unexpired documents by July 31, 2022.
Since COVID-19 prevented various issuing authorities from renewing documents on time, DHS temporarily instituted a policy allowing employees to present…
USCIS Updates Requirements for TPS Holders
Some Temporary Protected Status (TPS) holders will once again be able to overcome inadmissibility for adjustment of status purposes by traveling internationally because USCIS is updating its interpretation of MTINA, the Miscellaneous and Technical Immigration and Naturalization Amendment of 1991.
As of July 1, 2022:
- USCIS will no longer use the advance parole mechanism to
DHS May Make Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option
The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March 2020.
Historically, Form I-9 has required employers to physically inspect original documentation presented by employees in a face-to-face interaction. Over the years, workforces have…
U.S. Supreme Court Limits Federal Court Review in Deportation Case
Federal courts could not review the U.S. Attorney General’s decisions denying discretionary relief from removal – even in a case where the alien contends that the decision was based on a factual error, the U.S. Supreme Court has held, 5-4, affirming the opinion of the U.S. Court of Appeals for the Eleventh Circuit. Patel v.
DHS Increases Automatic Extension of Work Authorizations for Certain Individuals
As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals.
Currently, certain individuals with expiring employment authorization documents (EADs) can continue working for an additional 180 days as long as they have timely submitted for a…
New Form I-9 Is in the Works
A new Form I-9, Employment Eligibility Verification is in the works. The Department of Homeland Security (DHS) is seeking comments on its proposed changes to the form.
Used by all employers, Form I-9 has always had many traps for the unwary. DHS, with its proposed changes, is trying to simplify and clarify things.
DHS on New Premium Processing
The Department of Homeland Security set out the specifics about the upcoming new premium processing benefits in the Federal Register on March 30, 2022. The details, however, did not include any specific implementation dates, which it said depends on when the revenues exist to cover potential costs.
USCIS Measures to Ease Processing Times
Just as the Biden Administration is proposing increased funding for USCIS to help reduce the agency’s backlog, USCIS is announcing future new actions to improve processing times.
- Plans to expand staffing, improve its technology, and establish new internal cycle time goals (the amount of time it takes to process a typical case). As the
Temporary Policy for Expired List B Identity Documents to End
As of May 1, 2022, employers can no longer accept expired List B documents for Form I-9 Employment Eligibility Verification purposes, and any expired List B documents that were previously accepted must be updated by July 31, 2022.
Allowing employees to present these expired documents was a temporary policy instituted by the Department of…