I-9 and E-Verify

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The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for Burma for an additional 18 months from November 26, 2022, through May 25, 2024, due to the extraordinary and temporary conditions in Burma that prevent individuals from safely returning. This means that approximately 1,000 current beneficiaries will be able to remain in…

Announcing a new final rule, the Department of Homeland Security (DHS) is officially reinstating the 2020 asylum rules in light of the court decision that said they were invalid.

In February 2022, the U.S. District Court for the District of Columbia vacated two 2020 Trump-era rules that for two years had made it more…

The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for Venezuelan nationals from September 10, 2022, through March 10, 2024, due to the country’s continuing severe political and economic crises.

On September 7, 2022, DHS published instructions in the Federal Register regarding TPS eligibility and how to apply for an extension.

The…

President Joe Biden extended Deferral of Enforced Departure (DED) and employment authorization for Liberians from June 30, 2022 until June 30, 2024. On September 6, 2024, the Department of Homeland Security (DHS) published instructions regarding that implementation in the Federal Register.

Those who are eligible for the extension are Liberians who:

  • Are present in the

…

Responding to the history of legal challenges, the Biden Administration is trying to give the DACA (Deferred Action for Childhood Arrivals) program more heft by changing it from a policy to a regulation. On October 31, 2022, a new final rule will become effective.

To the dismay of many advocates for the “Dreamers,” however, the…

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…

Syrian Temporary Protected Status (TPS) has been extended and redesignated until March 31, 2024.

Those already holding Syrian TPS must apply for the extension of their status and employment authorization (if desired) during the 60-day registration period beginning August 1, 2022, and running through September 30, 2022. Employment authorization will be automatically extended until September…

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…

Automatic Employment Authorization Document (EAD) extensions are confusing. Before you can figure out whether one of the various extensions applies, you need to identify the EAD category.

Certain EAD applicants are entitled to 180-day automatic extensions if they have pending, timely filed EAD renewal applications. The code on the face of the expired EAD indicates…

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…