Employers are responsible for verifying the identity and employment authorization of newly hired employees. The Form I-9 (Employment Eligibility Verification) is critical to any employer’s onboarding process for new hires, but ongoing Form I-9 maintenance is equally important with respect to existing employees who need to renew their work authorization documents with the Department of Homeland Security (DHS).

Some employers have faced challenges in this regard following DHS’s recent announcement of a Temporary Final Rule increasing the automatic extension period for employment authorization for certain individuals from 180 to 540 days. The rule was intended to provide additional security to both employees and employers while their renewal applications are being adjudicated by U.S. Citizenship & Immigration Services (USCIS). However, the rule also raises significant considerations for employers seeking to maintain proper Form I-9 compliance and avoid liability for past errors.

Continue Reading Critical Form I-9 Compliance Risks as DHS Changes Work Authorization Rules

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

With the regular changes to the UK Right to Work (“RTW”) checks over the last year or so, employers may be forgiven for having lost track of what the latest requirements are.

As mentioned in our last blog on RTW checks (You’re Joking – Not Another One! Further Changes to the Right to Work

On March 28, 2022, the Italian parliament approved a law creating a new “Digital Nomad” visa for remote workers from outside the European Union (EU). The government has thirty days to implement the law and to provide the operational details, including the required documents and application procedures. Once implemented, the new visa is expected to provide flexibility for non-EU nationals seeking to live and work in Italy without first obtaining sponsorship from an Italian employer. Italy’s adoption of a Digital Nomad visa follows the introduction of similar immigration pathways in Romania, Iceland, the United Arab Emirates, and other countries.

Continue Reading Italy Creates New “Digital Nomad” Visa

Effective March 18, 2022, the Australian government implemented a set of changes that have opened a new pathway to permanent residency for skilled workers who have been living and working in Australia during the COVID-19 pandemic. Specifically, the Australian government will allow Subclass 482 visa holders in the short-term stream to access permanent residency through the Subclass 186 Temporary Residence Transition (TRT) visa. Certain foreign nationals who previously held 457 visas but now hold 482 visas will also be eligible for permanent residency.

Continue Reading Australia Creates New Pathway to Permanent Residence for Some Skilled Workers

U.S. Citizenship and Immigration Services (USCIS) updated the website information for Form I-485, Application to Register Permanent Residence or Adjust Status in January 2022 to include information related to green card availability and a process referred to as a “transfer of underlying basis.”

Each year, approximately 140,000 US employment-based immigrant visas (green cards) are made