Workforce Bulletin

As we previously reported, this summer, the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Homeland Security (DHS) announced significant updates to enhance the employment verification process. In addition to an alternative procedure for qualified E-Verify employers to virtually inspect employee documents,  the USCIS and DHS released a new Form I-9. Employers have been able to voluntarily use the new Form I-9 since August 1, 2023, but as of November 1, 2023, such use is now mandatory.  Failure to use the correct edition of the Form I-9 at the time of hire is a ...

When the pandemic abruptly shifted many employment relationships from offices and other physical workplaces to remote environments, many governmental and regulatory authorities responded by modifying existing protocols to accommodate new realities. Among those were temporary adaptations to long-standing federal requirements for inspecting identification and verifying employment eligibility, whereby employers were permitted to forego standard document inspection procedures while completing Form I-9.

Updates to USCIS Policy on New Forms, Premium Processing, and Filing Fee Increases Take Effect on October 2, 2020

As previously reported in Epstein Becker Green’s August 2020 Immigration Alert, U.S. Citizenship and Immigration Services (“USCIS”) announced that it will increase filing fees effective October 2, 2020.  In line with the announcement, USCIS has updated its Policy Manual and the Federal Register with the following changes:

• USCIS will revise the edition date of certain forms. As a result, any affected form filed on or after October 2, 2020, that does not possess the ...

USCIS Will Increase Filing Fees as of October 2, 2020

On July 31, 2020, the U.S. Citizenship and Immigration Service (“USCIS”) announced it will increase filing fees effective October 2, 2020. The fee increases will impact U.S. employers that hire foreign national workers by adding to the cost of sponsoring employment. The increases most applicable to U.S. employers are:

• H-1B sponsorship: Fee raised an additional $95.
• L-1 sponsorship: Fee raised an additional $345.
• O-1 sponsorship: Fee raised an additional $245.
• TN, H-1B1, and E-3 sponsorship: Fee raised an additional $235.

Trump Administration Amends Presidential Proclamation That Temporarily Suspends New H-1B, H2B, J-1, and L-1 Visa and Travel from Abroad

On June 29, 2020, the Trump administration issued an amendment to Section 3(a)(ii) of Proclamation 10052 (“Proclamation”) to suspend and limit foreign nationals attempting to enter the United States in H-1B/H-2B/H-4, L-1/L-2, or J-1/J-2 employment-based nonimmigrant visa categories.

The original language in the Proclamation read as follows:

Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on ...

Presidential Proclamation Temporarily Suspends New H-1B, H2B, J-1, and L-1 Visa and Travel from Abroad

On June 22, 2020, President Trump issued a proclamation (“Proclamation”) suspending and limiting the entry of individuals into the United States in the following employment-based nonimmigrant visa categories:

1. H-1B or H-2B visas, and their H-4 family derivatives;
2. J-1 visas, and their J-2 family derivatives; and
3. L-1 visas, and their L-2 family derivatives.

The Proclamation takes effect on June 24, 2020, and is set to expire on December 31, 2020, but may be extended. In ...

USCIS Resumes Premium Processing

USCIS has announced here that beginning the month of June 2020, it will again start accepting certain petitions for premium processing.  Premium processing was indefinitely suspended as of March 20, 2020, due to the Covid-19.

Premium processing allows (1) nonimmigrant petitions filed on Form I-129 that are reserved for H-1B, L-1A/B, O-1, and TN work authorization and (2) immigrant petitions filed by employers on behalf of foreign national employees on Form I-140 to be adjudicated within fifteen calendar days of USCIS receipt of the premium ...

President Trump Signs Executive Order to “Temporarily Suspend Immigration into the United States”

On April 20, 2020, President Trump tweeted, “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!” The vague tweet triggered many questions and concerns as to the scope of the immigration suspension and the impact it would have on many foreign nationals and their respective U.S. employers.

On the afternoon of April 22 ...

USCIS Completes the Initial Selection Process

On April 1, 2020, U.S. Citizenship and Immigration Services (‘USCIS”) announced that the initial selection of H-1B cap-subject registrations for fiscal year (“FY”) 2021 was completed. Petitioners who electronically registered beneficiaries in the H-1B registration process and were selected through the random selection process may file their H-1B cap petition within the period indicated on the relevant registration selection notice. The filing period for the H-1B cap-subject petition will be at least 90 days

Department of State Suspends Routine Visa Services

On March 20, 2020, in response to significant worldwide challenges related to the novel coronavirus (“COVID-19”) pandemic, the Department of State announced that routine visa services will be temporarily suspended at all U.S. embassies and consulates. Further, embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments. Please note that services will continue to be available to U.S. citizens, and applicants with an urgent matter and need to travel immediately should follow the ...

On March 20, 2020, the U.S. Department of Homeland Security (“DHS”) announced that it is temporarily amending the Form I-9 verification and reverification procedures that require company representatives to physically review the original document(s) that verify U.S. work authorization.

Under INA § 274A and 8 C.F.R. § 274a, employers are required to verify original documents that confirm the work authorization of any new hire within three days of that new hire’s start date. With the 2019 novel coronavirus (“COVID-19”) pandemic, many companies have decided to ...