I-9 Covid Employment Verification Compliance: ICE announces continuance of I-9 compliance flexibility

On September 14, 2020, U.S. Immigration and Customs Enforcement (ICE) announced an extension of its flexibility provisions related to Form I-9 compliance, which ICE granted earlier this year. The extended flexibility requirements are intended to address situations in which employers’ entire operations are being conducted remotely due to Covid-19 concerns.  The Department of Homeland Security …

Update on Coronavirus: Travel Restrictions and Quarantine Now Extended to Certain Travelers from Iran

The Department of Homeland Security (“DHS”) has expanded its travel ban concerning the Coronavirus Disease 2019 (COVID-19) to bar certain foreign national travelers who have been physically present in Iran within the last 14 days from entering the U.S. The expanded ban took effect on March 2, 2020.  The travel ban does not apply to …

Recent Changes to the H-1B Specialty Worker Program

Labor Condition Applications must be filed under the new DOL’S FLAG System As part of the U.S. Department of Labor’s (“USDOL”) technology modernization initiative, the FLAG System (Foreign Labor Application Gateway) was developed to replace the legacy iCert system with the USDOL’s stated goal of improving customer service, and modernizing the administration of foreign labor …

U.S. Proposes Change to Public Charge Grounds of Inadmissibility: Concerns for Immigrants and Nonimmigrants

On October 10, 2018, the Department of Homeland Security (“DHS”) posted a Notice of Proposed Rulemaking (“NPRM”) in the Federal Register related to the public charge grounds of inadmissibility under the Immigration and Nationality Act, as amended (“INA or the Act”) section 212(a)(4). DHS announced a proposed rule and not a final rule and indicated that …

Employment Verification and the Ever Changing Landscape of TPS: What Should Employers Do?

How should or can employers who know they employ Temporary Protected Status (or TPS) workers prepare for elimination of TPS for nationals of certain countries?  Elimination of TPS may affect employment authorization for new employment or for re-verification of employees with expiring employment authorization documents (EADs).  Examples are the recently announced termination of TPS for …