The Department of Homeland Security (DHS) announced a new rule which permits certain noncitizen applicants to continue working without disruption while their requests for employment authorization are pending adjudication. Qualified individuals must have a pending Form I-765 (Application for Employment Authorization) and meet other criteria (timely filed, same employment category, received a Form I-797C notice) to continue working for up to 540 days from the expiration date stated on their Employment Authorization Documents (EADs or Forms I-766).

Continue Reading DHS Extends Work Permits for Approximately 18 Months, Immediately Affecting 87,000 Applicants

The conflict in Ukraine has caused civilian casualties and destruction of infrastructure. Since the Ukraine-Russia military crisis escalated two months ago, over 5.2 million Ukrainians have left their homeland as they seek safety and protection in neighboring countries and abroad.

With no visible end in sight to the military operation, the United States government has announced a new, first-of-its-kind humanitarian parole program called “Uniting for Ukraine (U4U).”

Continue Reading Landmark US Humanitarian Parole Program: “Uniting For Ukraine”

U.S. Citizenship and Immigration Services (USCIS) announced several new measures including expanding premium processing to additional form types, providing relief to individuals waiting for work permits and setting agency-wide backlog reduction goals. USCIS, a fee-based organization, faced an unprecedented budgetary shortfall and backlog of cases to be processed in 2020 and 2021 due to the coronavirus pandemic and resource constraints. According to data published by the agency, there are approximately 9 million forms pending adjudication.

Expanding Premium Processing

As part of the these efforts, USCIS published a final rule that expands premium processing (expedited adjudication for a fee). The final rule is expected to take effect at the end of May 2022, and USCIS will begin implementation – through a phased approach – as soon thereafter as feasible.

Continue Reading US Immigration Agency Announces Measures to Expedite Services and Decrease Pending Caseload

Federal law requires that employers attest to verifying each employee’s identity and authorization to legally work in the United States. By regulation, employees must present original, unexpired documents from the U.S. government’s published lists of acceptable documentation, which are classified as List A (Documents that Establish Both Identity and Employment Authorization), List B (Documents that Establish Identity) and List C (Documents that Establish Employment Authorization).

Continue Reading Change to Form I-9 Employment Eligibility Verification: List B (Documents that Establish Identity)

Updated:  December 21, 2021

Federal law requires that employers must properly complete Form I-9, Employment Eligibility Verification, for each worker hired to perform labor or services in the United States. The form documents that the employer took steps to verify the identity and employment authorization of the worker. Normally, the employer must physically examine each document submitted by the employee to determine whether it reasonably appears to be genuine and related to the person presenting it.

Continue Reading DHS Extends Form I-9 Requirement Flexibility (Effective January 1, 2022)

U.S. Citizenship and Immigration Services (USCIS) recently announced its preliminary fiscal year (FY) 2021 agency statistics and accomplishments.  Over the years, the agency consistently has reported on substantially similar metrics that align with its mission, along with policy, legislative and regulatory items that comport with the strategic direction of the Administration.

Continue Reading USCIS Announces Fiscal Year 2021 Accomplishments

The Department of Homeland Security (DHS) published details in the Federal Register about how it will implement the temporary “safe haven” program, also called Deferred Enforced Departure – (DED), for certain Hong Kong residents in the United States. The notice also provides instructions for employers regarding acceptable documentation to hire workers under this program.

Continue Reading U.S. Government Issues New Details of Safe Haven Program for Hong Kong Residents

On October 12, 2021, the U.S. Department of Homeland Security (DHS) announced that it will reopen the U.S. land borders with Mexico and Canada for non-essential travel for vaccinated travelers.  Non-essential travel includes tourism and family visits.  Land and ferry crossings from Canada and Mexico have been closed to non-essential travel since March 2020.    DHS indicated that this policy change will align land border crossings with the new international air travel COVID-19 prevention protocols to be implemented in November 2021. Accordingly, it does not appear as if U.S. citizens will be required to be vaccinated to enter the U.S. from Canada or Mexico.  Similar to the the new rules for international air travel, DHS has not announced a specific day in November that the land borders with Canada and Mexico would be reopened for non-essential travel.

Continue Reading US to Reopen Border with Mexico and Canada

On October 8, 2021, President Biden officially set an annual ceiling of 125,000 for refugee admissions to the United States during Fiscal Year (FY) 2022. This number represents the maximum number of refugees that may be admitted to the United States through September 30, 2022. The President set the annual refugee ceiling after consulting with members of the Senate and House Judiciary Committees.

Continue Reading White House Raises the Cap on Refugee Admissions to 125,000

Federal law requires that employers must properly complete Form I-9, Employment Eligibility Verification, for each worker hired to perform labor or services in the United States. The form documents that the employer took steps to verify the identity and employment authorization of the worker. Normally, the employer must physically examine each document submitted by the employee to determine whether it reasonably appears to be genuine and related to the person presenting it.

Due to safety precautions implemented to protect communities from the coronavirus (COVID-19), the Department of Homeland Security (DHS) issued guidance in March 2020 that employers may temporarily postpone the in-person verification requirement with a remote inspection (e.g., video, fax, email). The announcement included instructions for annotating the Form I-9 when using the flexibility rules. Recently, DHS extended this policy through December 31, 2021
Continue Reading DHS Extends Flexibilities of Form I-9 Employment Requirements