I-9 and E-Verify

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The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al.

Judge Hanen issued an injunction preventing the Department of Homeland Security (DHS) from accepting new DACA applications. However, recognizing the substantial reliance interests involved, he allowed…

To help employers dealing with labor shortages due to the limits on H-2B temporary, seasonal visas, a new rule published by the Department of Labor (DOL) increases the H-2B numerical limits. DOL also released a rule that allows H-2B nonimmigrant workers already in the United States to begin work immediately with a new employer…

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…

ICE has announced that I-9 flexibility will be continued for another 60 days, until May 31, 2021. Here is ICE’s full announcement.

With this extension, ICE specifically noted that employees hired on or after April 1, 2021 who work exclusively in a remote setting due to COVID-19 related precautions will be exempt from the…

On his first day in office, President Joe Biden signed a memorandum fortifying the Deferred Action for Childhood Arrivals (DACA) policy. His administration also has granted Temporary Protected Status (TPS) to more individuals: those from Venezuela and Burma. Building on this, President Biden also proposed broad legislative immigration reform, including a path to citizenship for…

The ability of foreign students in F-1 status to participate in post-completion Optional Practical Training (“OPT”) in their fields of study is an important aspect of their education–an opportunity that draws many foreign students to U.S. colleges and universities. So when USCIS receipting delays were diminishing these opportunities, foreign students, universities, and advocacy groups reached…

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…

Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021.

This means that:

  • Employers may continue to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email).
  • The flexibility applies only

…

On January 4, 2021, DHS announced that for I-9 purposes, Deferred Action for Childhood Arrivals (DACA) recipients may present an unexpired Employment Authorization Document (EAD) with Code C33 issued on or after July 28, 2020, along with an I-797 Extension Notice that shows an additional one-year extension. This new procedure is in response to…