Immigration - Employment Eligibility

As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals . Currently, certain individuals with expiring employment authorization documents (EADs) can continue working for an additional 1

On April 25, 2022, the U.S. Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) agency announced an extension of compliance flexibility related to Form I-9 employment eligibility verification requirements until October 31, 2022.

I-9 flexibility is extended until October 31, 2022, due to continuing COVID-19 precautions. The Department of Homeland Security (DHS) guidance remains the same and preparing for the possible end of the flexibility is still advised. Indeed, DHS stated, “[E]mployers are encouraged to begin, at their d

A new Form I-9, Employment Eligibility Verification is in the works. The Department of Homeland Security (DHS) is seeking comments on its proposed changes to the form. Used by all employers, Form I-9 has always had many traps for the unwary. DHS, with its proposed changes, is trying to simplify

As of May 1, 2022, employers can no longer accept expired List B documents for Form I-9 Employment Eligibility Verification purposes, and any expired List B documents that were previously accepted must be updated by July 31, 2022 . Allowing employees to present these expired documents was a temporar

So, more COVID-19 related developments, but this time related to Form I-9 compliance. The federal Department of Homeland Security announced recently that beginning on May 1, 2022, employers may no longer accept expired identity documents (listed in “List B” of the “ Lists of Acceptable Documents ” o

By: DHS Rescinds COVID-19 Pandemic Related I-9 Policy Change The Department of Homeland Security (“DHS”) announced the end of a COVID-19 related temporary policy change regarding acceptable documents during the I-9 process for administration of the Immigration and Nationality Act’s prohibition again

As the COVID-19 workplace begins its third year, employers working on federal contracts must understand updated I-9 compliance and their I-9 and E-Verify responsibilities when employees relocate or work remotely.

The Social Security Administration (SSA) has reached an agreement with three of its unions on its COVID-19 re-entry plan. SSA offices have been essentially closed to the public since March 2020. That affected SSA’s ability to resolve E-Verify Tentative Nonconfirmations (TNCs) due to a no-match betwe

Employers know they must confirm the identity and work authorization of each new hire by completing a Form I-9.

ICE has announced it will extend I-9 flexibility until April 30, 2022, due to continuing precautions related to COVID-19. The guidance remains the same: Employees who work exclusively in a remote setting due to COVID-19 continue to be temporarily exempt from the in-person requirements associated wit

Michael Neifach discusses the practical and compliance implications of the U.S. Department of Homeland Security potentially extending the I-9 inspection flexibility afforded during the COVID-19 to be a permanent standard in "DHS Seeks Input on Making Remote I-9 Review Permanent," published by SHRM .

Once again, at the last moment, ICE has extended “flexibility” for I-9 employment verification. This time, for four more months, until the end of the year, December 31, 2021, due to continuing COVID-19 precautions. Employees hired on or after April 1, 2021, who work exclusively in a remote setting a

E-Verify is moving toward tougher enforcement, which can result in a temporary termination from participation in the E-Verify program. Early in the COVID-19 pandemic, E-Verify relaxed some of its standards regarding Tentative Nonconfirmation (TNCs). But, by November 2020, E-Verify stopped allowing e

Effective June 1, 2021, U.S. Citizenship and Immigration Services (USCIS) has expanded and extended ongoing flexibility for employers complying with certain I-9 employment eligibility verification requirements due to ongoing issues caused by the COVID-19 pandemic.

Complying with statutory workplace requirements does not necessarily excuse an employer from its bargaining obligations. A panel of the National Labor Relations Board (NLRB) upheld an Administrative Law Judge’s (ALJ) finding that an employer violated the National Labor Relations Act (NLRA) when it r

Amy Peck discusses the implications of U.S. Immigration and Customs Enforcement (ICE) extending its I-9 verification flexibility in the wake of COVID-19 and best practices for ensuring compliance in "Form I-9 Remote Review Extended Through Summer 2021," published by SHRM .

ICE announced that I-9 flexibility will be extended again – this time through the whole summer until August 31, 2021 . Since March 2020, companies that have been operating remotely have been able to inspect Section 2 Form I-9 documents virtually, over video link, by fax or via email. In April

Early in the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) authorized U.S. employers with employees who are taking physical proximity precautions to remotely inspect identity and work authorization documents when completing Form I-9, Employment Eligibility Verification, rather th

Over the past three months, the Biden administration has expanded immigration benefits for foreign nationals on humanitarian grounds. Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) are two such humanitarian benefits that permit certain foreign nationals to live and work in th