Form I-9 Remote Flexibility Ends July 31, 2023 – 5 Things to Keep in Mind

The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9, effective November 1, 2022 – July 31, 2023. Additionally, in August of 2022, DHS invited public comment on a Notice of Proposed Rulemaking (NPRM)[1] regarding new policies for consideration in Form I-9 completion, such as permanent virtual document review options in light of new …

State Department Expands National Interest Exceptions for Nonimmigrants Subject to Presidential Proclamation 10052

As employers continue to try to find ways for essential nonimmigrants and their dependents to be issued H-1B, H-2B, L-1, and J-1 (intern, trainee, teacher, camp counselor, au pair, or summer work travel program) visas subject to Presidential Proclamation 10052  (Proclamation 10052), on August 12, the State Department updated its list of examples (August 12 …

Expired State Identity Documents Temporarily Accepted for Form I-9 List B and the Case-by Case Remote Form I-9 Completion Risk

U.S. Citizenship and Immigration Services (USCIS) recently issued a follow-up Question and Answer sheet   (Q&A Sheet) to the  March 20 announcement of the U.S. Department of Homeland Security (DHS) related to a limited relaxation to physical proximity requirements associated with Form I-9 completion due to COVID-19.  While the acceptance of an expired state identity document …

DHS Announces Remote I-9 Completion and Suspension of Audit Responses due to COVID-19

With all of the dark news surrounding COVID-19, the Department of Homeland Security (DHS) deserves a “thank you” from employers for their logical announcement related to Form I-9 compliance issues on March 20. The main points in the announcement are outlined below: Remote Completion of Section 2 of Form I-9 For completion of Section 2 …

Employer Tips: Preparing for FY 2021 H-1B Season and Pre-Lottery Registration

The H-1B process for fiscal year 2021 presents employers and their legal counsel with a variety of new timing and process challenges in addition to potential cost savings.  The major change of note will be the insertion of a new registration process, which will be imposed starting on March 1, 2020 and ending on March …

The Social Security No Match Letter Conundrum for Employers: What to do in Sixty Days?

More than 570,000 No Match letters  (NML) have been sent by the Social Security Administration (SSA) starting in late March of 2019 with instructions for the Employer to review the name and social security number (SSN) provided on the W-2 form (Wage and Tax Statement) and to provide any necessary corrections to the SSA with …

Canadian L Visa Admissions – CBP Changes Course without Prior Notice Creating New Non-Tariff Barriers

A few weeks ago, stories of Canadian citizens being refused admission to the U.S. as individual or blanket L applicants requesting an additional period of stay in the U.S. started to increase.  The sheer number of reports suggests a possible new policy versus an errant occurrence at certain ports of entry along the Canadian border …

GOVERNMENT SHUTDOWN INCREASING E-VERIFY EMPLOYERS’ I-9 TASKS

As the impasse continues regarding government funding, E-Verify employers are left with an ongoing challenge to keep track of Forms I-9 that they must complete or update timely, but are unable to access their E-Verify accounts to create the required new cases or make necessary modifications or updates. On December 22, 2018, E-Verify became inaccessible …

Increasing I-9 Audits and the Risks of Turning a Blind Eye

On July 24, 2018, Homeland Security Investigations (HSI) announced that it had issued more than 5,200 I-9 audit Notices of Inspection (NOIs) nationwide since January of 2018 as part of a two-phase operation. The second phase of the operation was conducted from July 16 to July 20, during which HSI agents served 2,738 NOIs and …

MISSION CREEP – Chinese Trade Skirmishes Lead to Visa Retaliation on June 11

The U.S. Trade Representative (USTR) issued its 2018 Special 301 Report in April, which identifies U.S. trading partners that do not sufficiently protect and enforce intellectual property (IP)  rights or otherwise deny market access.  The USTR Special Report lists the following 12 countries on the Priority Watch List: Algeria, Argentina, Canada, Chile, China, Colombia, India, …