Completing Form I-9: Employees With Extended Work Permit for DACA Extensions and Extensions for Permanent Resident Cards Thursday, March 4, 2021
Applicants for Deferred Action for Childhood Arrivals (DACA) receive a work permit in the form of the Employment Authorization Document (EAD), which is subject to timely renewal. Owing to COVID-19, the United States Citizenship and Immigration Services (USCIS) is facing substantial delay in processing EAD applications. DACA recipients were in limbo, as the delay in processing threw them out of work. To remedy this situation, the USCIS, on January 21, 2021, issued a release advising employees how to handle this situation for the purposes of completing Form I-9, Employment Eligibility Verification. Now, employees can use their expired EAD card along with the I-797 Extension Notice for verification as a valid work permit.
Tuesday, March 2, 2021
The Biden administration announced that it will not strike the H-4 EAD (Employment Authorization Document) rule, which allows spouses of H-1B visa holders to work in the United States if they meet certain conditions. This is a great relief for almost 100,000 H-4 spouses. The United States Customs and Immigration Services (USCIS) stated on February 10 that the proposed legislation (a ban on the H-4 EAD rule) had been withdrawn “consistent with administration priorities.”
“This is a huge sigh of relief for tens of thousands of H-1B workers and their family members,” said Sarah Pierce, an immigration policy analyst at the non-partisan Migration Policy Institute. “These families have lived for four years with constant threat of having their ability to make a living revoked.”
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Seyfarth Synopsis
: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will again receive H-1B registrations far in excess of the annual quota, resulting in a random lottery-type selection process.
This Legal Update is intended to enable employers to identify any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021. We recommend that employers identify any such candidates as soon as possible.
In last year’s H-1B cap (FY 2021), USCIS implemented an electronic registration system for all cap-subject H-1B petitions. The initial registration period ran run from March 1, 2020 until March 20, 2020, followed by a lottery, and then a 90-day filing window for selected registrants. It is expected that USCIS will implement the electronic registration period for this year’s cap (FY 2022
Six Changes in DHS, ICE Created by COVID-19 Pandemic Monday, December 21, 2020
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.