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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 the United States with government-issued employment
authorization documents.
Procedures for the Form I-9, Employment Eligibility Verification,
relating to individuals with TPS and DED are complicated and
subject to change. Employers may want to familiarize themselves
with these procedures to ensure proper completion of Forms I-9 in
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The U.S. Department of Homeland Security (DHS) is exercising discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA) until May 31, 2021. This policy only applies to employers and workplaces that are operating remotely due to the COVID-19 pandemic.
Essentially, when carrying-out their I-9 verification obligations, employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence if the employee is hired on or after April 1, 2021, and the employee is working exclusively in a remote setting. The physical presence verification exemption will continue until the employee is no longer in remote status on a regular, consistent, or predictable basis, or wit
Seyfarth Synopsis:
This announcement
extends the flexibilities in rules relating to Form I-9 compliance
that was initially granted last year. It also expands the scope of
the in-person exemption benefit to certain employees,
and offers flexibility for companies that are phasing back in
employees, as doing so will no longer trigger the in-person
requirement for all new hires. While an improvement in the
overall dialogue, the guidance leaves uncertainty regarding the end
of I-9 virtual flexibility, and as such, employers should consider
moving away from the virtual completion model while continuing to
heavily document current practices.
With employers impatiently waiting, the U.S. Immigration and
Thursday, April 1, 2021
U.S. Citizenship and Immigration Services (USCIS) announced a new feature called myUploads from E-Verify that will help employees and individuals resolve their E-Verify DHS Tentative Nonconfirmations (TNCs) electronically. This can be done by uploading images of their documentation as a JPEG, PNG, or PDF through a computer or smart device. E-Verify is a web-based system that allows employers to verify their employees’ ability to work in the United States. Through E-Verify, employers can verify their newly-hired employees by electronically matching their information provided in Form I-9, against information possessed by Social Security Administration.
The announcement said the new feature will expedite employment eligibility verification and resolve TNCs. When there is a TNC, the employer must privately notify the employee and provide a Further Action Notice (FAN), which will help employees understand the TNC process. This FAN will include inf
ICE Warms to the Cold Realities of COVID-19: Latest I-9 Virtual Flexibility Guidance Extended to May 31, 2021 | Seyfarth Shaw LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.