The Department of Homeland Security (DHS) will continue Form I-9 flexibility for another nine months until July 31, 2023, according to an announcement. DHS guidance remains the same. Employees who, due to COVID-19 policies, do not report to a physical location on a regular, consistent, or predictable basis continue to be
Articles Discussing Employment Eligibility For Non-Citizens.
Will Virtual, Remote I-9 Verification Post-COVID Become a Reality?
Since March 2020, the USCIS has allowed virtual, remote I-9 verification where all employees are working remotely due to COVID, or when a new employee, post April 1, 2021, is working remotely due to COVID. Many employers as well as immigration attorneys have been clamoring for virtual, remote I-9
DHS Proposes Rule Updating I-9 Verification Requirements
On August 18, 2022, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register that would grant it broader authority to permit alternative document inspection procedures for I-9 document verification in lieu of the physical inspection requirement.
DHS Takes Step Toward Allowing Virtual, Alternative Options for Examination of I-9 Documents
For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually over video link or by fax or email. That flexibility is set to expire on October 31, 2022.
Deadline for Updating Forms I-9 Involving Expired List B Document is July 31, 2022
The July 31, 2022 deadline is rapidly approaching for employers to update the Forms I-9 of employees who presented an expired List B document (establishing the individual’s identity) between May 1, 2020 and April 30, 2022. As you may remember, the Department of Homeland Security (DHS), through the USCIS,
I-9 Reminder: Unexpired Documents by July 31
Employers whose employees presented expired List B documents for Form I-9 Employment Eligibility Verification purposes between May 1, 2020, and April 30, 2022, must update Form I-9 with unexpired documents by July 31, 2022.
Since COVID-19 prevented various issuing authorities from renewing documents on time, DHS temporarily instituted a policy
DHS States That Employers Have Until July 31, 2022, to Update I-9s With Expired List B Documents
Employers that accepted expired Form I-9 employment eligibility verification documents under the U.S. Department of Homeland Security’s (DHS) policy of flexibility during the height of the COVID-19 pandemic must update their Forms I-9 by July 31, 2022, the department confirmed.
DHS May Make Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option
The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March 2020.
Historically, Form I-9 has required employers to physically inspect original documentation presented by employees in a face-to-face interaction.
Extensions and Changes to Form I-9 COVID-19 Compliance Rules
The Immigration Reform and Control Act (IRCA) of 1986 requires all U.S. employers to complete a Form I-9 upon hiring a new employee to work in the United States. Civil and criminal fines and penalties may be imposed on a business for employing undocumented workers, and individuals responsible for IRCA compliance can even be held personally liable.
DHS Has Temporarily Increased Automatic Extensions of Employment Authorization and/or Employment Authorization Documents (EADs)
Normally, the U.S. Department of Homeland Security (DHS) regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the Employment Authorization Document (EAD) for applicants within certain employment-eligible categories who have a timely filed and pending request to renew employment authorization
DHS Increases Automatic Extension of Work Authorizations for Certain Individuals
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 180 days as long as they have
DHS Extends I-9 Compliance Flexibility
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 Extended to End of October 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 discretion, the in-person verification of
New Form I-9 Is in the Works
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
Temporary Policy for Expired List B Identity Documents to End
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 temporary policy instituted