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The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have allowed some flexibility due to the COVID-19 pandemic. Here are some of the changes in effect:
Virtual Inspection
Since March 2020, employers may inspect Section 2 documents virtually,
e.g., over video link, by fax, or by email. This policy applies only to employers with workplaces that are operating remotely and if employees are not physically present at the workplace. Employees who are onboarded virtually must report for in-person verification once the employer’s normal operation resume or the employee is physically present at the work location, whichever is earlier. This policy has been extended until December 31, 2020 – but may be extended further.
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Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our clients as well as employers and consumer reporting agencies generally.
The Federal Trade Commission settled with a provider of tenant screening reports for alleged violations of the Fair Credit Reporting Act (FCRA). The $4.25 million settlement relates to allegations that the company reported obsolete information in violation of section 605(a) of the FCRA (meaning non-conviction information older than 7 years) as well as failure to follow reasonable procedures to assurance maximum possible accuracy in violation of section 607(b) of the FCRA. The settlement could have ramifications for resellers of data. Click here and here to read more.
Friday, December 11, 2020
In last month’s Epstein Becker Green Immigration Alert, we reported that the U.S. Department of Labor (“DOL”) and U.S. Citizenship and Immigration Services (“USCIS”) had published interim final rules (“IFRs”) titled, respectively, “Restructuring of H-1B/H-1B1/E-3 and PERM Wage Levels” and “Strengthening the H-1B Nonimmigrant Visa Classification Program.”
On December 1, 2020, a U.S. district court in California, in
Chamber of Commerce, et al., v. DHS, et al., Case No. 20-cv-07331-JSW, 12/1/2020, set aside both IFRs, granting the plaintiffs injunctive relief. The court found that both the DOL and USCIS did not possess appropriate good cause to dispense and skip the Administrative Procedure Act’s notice-and-comment requirements before implementing the regulations. As a result of the court order, the USCIS’s IFR will no longer apply to H-1B adjudications. Moreover, the DOL’s IFR, which significantly increased the preva