USCIS has updated the Aug. 1, 2023, edition of its Form I-9, Employment Eligibility Verification, solely to extend the expiration date from July 31, 2026, to May 31, 2027.
What should employers do?
Compliance and Enforcement
DHS Announces Temporary Protected Status Extension, Redesignation of Somalia for 18 Months
The Department of Homeland Security announced that Temporary Protected Status (TPS) for Somalia will be extended and redesignated for 18 months from Sept. 18, 2024, to March 17, 2026.
The extension and redesignation respond in part to the continuing armed conflict that exposes those in Somalia to abuse, displacement, food insecurity, and disease. People in Somalia…
Why Certain TPS Beneficiaries Need to Request Form I-797 Despite EAD Automatic Extension
By Amy L. Peck on
On June 20, 2024, USCIS announced the automatic extension until March 9, 2025, of Employment Authorization Documents (EADs) issued to certain Temporary Protected Status (TPS) beneficiaries from El Salvador, Honduras, Nepal, Nicaragua, and Sudan. To implement the automatic extension, USCIS indicated that it is issuing Form I-797, Notices of Action, to all eligible beneficiaries. Individuals…
Justice Department Issues Employer Fact Sheet on Discrimination and Form I-9 Software Programs
By Kimberly M. Bennett on
The Department of Justice (DOJ) has issued a new Employer Fact Sheet alerting employers about avoiding unlawful discrimination and other Form I-9 violations when using commercial or proprietary programs to electronically complete I-9s and participate in E-Verify. It is a comprehensive, though not exhaustive, explanation.
DOJ states:
- Ensure the software program allows employers and employees
Higher Enforcement Activity Expected After DOL-EEOC Partnership Agreement
The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts.
Based upon a Memorandum of Understanding (MOU), the agencies are “forming this partnership to encourage greater coordination between them through information sharing, joint investigations, training and outreach.” This…
TPS Extensions for El Salvador, Honduras, Nepal, Nicaragua
On June 13, 2023, the Department of Homeland (DHS) announced that it would extend Temporary Protected Status (TPS) for 18 months for current beneficiaries from El Salvador, Honduras, Nepal and Nicaragua.
Soon-to-be-published Federal Register notices will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register for TPS. Indications are that individuals…
Florida to Require Employers to Use E-Verify
As of July 1, 2023, all private employers in Florida with 25 or more employees will be required to use E-Verify, the federal government’s database for verifying work authorization. Enforcement of this new E-Verify requirement will begin one year after enactment on July 1, 2024.
These employers also must:
- Certify E-Verify participation on the
Expiration of COVID-19 Travel Restrictions
The last-standing COVID-19-related travel restrictions will soon expire. Bringing the United States in line with most countries around the world, after May 11, 2023, non-citizen, nonimmigrant air passengers need not show proof of being fully vaccinated to board a flight to the United States.
Until May 12, nonimmigrants must still document having a bivalent or…
Next Steps for Employer I-9 Compliance as Temporary Flexibility Ending July 31, 2023
U.S. Immigration and Customs Enforcement (ICE) has announced that employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility sunsets on July 31, 2023.
This answers two pressing questions employers and attorneys have been asking:
- Will the temporary I-9 flexibility be extended again beyond July
Ukraine, Sudan Temporary Protected Status Application Instructions Issued
Department of Homeland Security (DHS) has issued a Federal Register notice with instructions on how to apply for Temporary Protected Status (TPS) for both Ukraine and Sudan. Both designations run for 18 months, until October 19, 2023.
When Ukrainian TPS was originally announced, only individuals who had continuously resided in the United States…