I-9 and E-Verify

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For early-stage tech employers, rapid business growth can quickly lead to costly employment and immigration law missteps. Risks can be magnified when striving to attract talent. Please listen to the robust and enlightening discussion among Jackson Lewis immigration attorneys Zain Abidi and Benjamin Lau, together with Jackson Lewis employment attorney Doug Klein, here.

ICE has announced it will extend I-9 flexibility until April 30, 2022, due to continuing precautions related to COVID-19.

The guidance remains the same:

  • Employees who work exclusively in a remote setting due to COVID-19 continue to be temporarily exempt from the in-person requirements associated with Form I-9 Employment Eligibility Verification, until they start working

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Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward, certain H-4 spouses with pending EAD applications will be entitled to 180-day automatic extensions of their EAD cards and L-2…

The decades-old I-9 Employment Eligibility Verification process may be in for some changes. The Department of Homeland Security is requesting “public input” regarding the document examination process.

Employers interested in the permanent continuation of Form I-9 flexibility might be encouraged by the agency’s official announcement on October 26, 2021. While the request is for “information…

Instructions allowing Hong Kong Deferred Enforced Departure (DED) beneficiaries to apply for employment authorization have been published in the Federal Register.

On August 5, 2021, President Biden granted DED for certain eligible residents of Hong Kong for 18 months, until February 5, 2023, and directed that instructions on how to apply for employment authorization…

Secretary of the Department of Homeland Security (DHS) Alejandro N. Mayorkas has issued a policy directive to immediately discontinue mass worksite enforcement operations.

These involve large-scale law enforcement operations resulting in the arrest of hundreds of unauthorized workers. They were a significant part of the Trump Administration’s worksite enforcement strategy.

Secretary Mayorkas criticized these large-scale…

The country dodged a government shutdown at the end of September, but we may be faced with the same problem on December 3, 2021, when Congress will again have to fund the government. Because we often come close to a shutdown (and sometimes shutdowns happen), it is important to remember how a shutdown affects the…

The Department of Homeland Security has issued a notice extending Employment Authorization Documents (EADs) for Temporary Protected Status (TPS) beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan through December 31, 2022.

The automatic extension is intended to ensure continued compliance with preliminary injunction orders that have been entered in the various cases challenging…

Once again, at the last moment, ICE has extended “flexibility” for I-9 employment verification. This time, for four more months, until the end of the year, December 31, 2021, due to continuing COVID-19 precautions.

Employees hired on or after April 1, 2021, who work exclusively in a remote setting are temporarily exempt from the physical…

Illinois has amended the Illinois Human Rights Act to make “work authorization status” a protected category.

The amendment, Public Act 102-0233, became effective immediately upon the governor’s signing in early-August.

Under the amendment, “work authorization status” is defined as the status of a person born outside of the United States, and not a U.S.…