Compliance and Enforcement

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A series of significant developments in U.S. immigration law has already marked the beginning of 2022 and more can be expected.  Please see our Legal Update for what to anticipate as the year progresses.

The Social Security Administration (SSA) has reached an agreement with three of its unions on its COVID-19 re-entry plan.

SSA offices have been essentially closed to the public since March 2020. That affected SSA’s ability to resolve E-Verify Tentative Nonconfirmations (TNCs) due to a no-match between a person’s name and Social Security Number. The result…

ICE announced that I-9 flexibility will be extended again – this time through the whole summer until August 31, 2021.

Since March 2020, companies that have been operating remotely have been able to inspect Section 2 Form I-9 documents virtually, over video link, by fax or via email. In April 2021, the Department of…

Flexibility in completing I-9 Employment Verification Forms has been continued until March 31, 2021, and it may be extended beyond that. Under that flexibility, employers have been allowed to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email).

Nevertheless, as companies “return” to worksites and show…

Days before the upcoming deadline, ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 60 days (instead of just 30 days), until November 19, 2020, due to continued precautions related to the COVID-19 pandemic.

Pursuant to the original guidelines for virtual verification, eligible employers may…

USCIS is in the process of entering a Consent Order to produce, on a specific schedule, Employment Authorization Document (EAD) cards for those 75,000 foreign nationals who have approved employment authorization applications but have been waiting for inordinate amounts of time for the cards themselves.  Without the cards, these foreign nationals have not been able…

ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 30 days, until September 19, 2020, due to continued precautions related to the COVID-19 pandemic.

Pursuant to the original guidelines for virtual verification, eligible employers may continue to inspect Section 2 documents without an actual in-person…

The Department of Homeland Security (DHS) once again is extending its flexibility regarding the physical presence requirements for I-9 inspection for another 30 days until July 19, 2020, due to the ongoing precautions related to the COVID-19 pandemic.

Eligible employers may continue to inspect Section 2 documents remotely (e.g., over video link, fax,…

USCIS and the Department of Justice are teaming up and collaborating to “better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States.” They have entered into a Memorandum of Understanding (MOU) that will increase their ability to share information about cases and training and make referrals.

Last …

In a ruling that may help to diminish the fears of some undocumented individuals seeking aid in the aftermath of Hurricane Harvey, U.S. District Court Judge Orlando Garcia enjoined some key provisions of Texas’ anti-sanctuary law, S.B. 4. City of El Cenizo v. Texas and Texas v. Travis County, Civil No. SA-17-CV-404-OLG. The law was…