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 ...
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 ...
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 ...
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
Our colleagues in Epstein Becker Green’s Immigration Law Group recently published a special client alert: "USCIS Announces That the Congressionally Mandated H-1B Cap for Fiscal Year 2017 Has Been Reached."
Following is an excerpt:
On April 7, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had reached the Congressionally mandated H-1B cap for fiscal year 2017 (“FY17”). This announcement applies to both the general cap of 65,000 and the additional cap of 20,000 for those with advanced degrees from U.S. universities.
Our colleagues in Epstein Becker Green’s Immigration Law Group recently published a special client alert: “USCIS Announces That Current Form I-9 Remains in Effect Until Further Notice.”
Following is an excerpt:
On March 31, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that employers should continue using the current version of Form I-9 until further notice. USCIS guidance was required because the current Form I-9 bears an expiration date of March 31, 2016. The USCIS has proposed a new Form I-9 to replace the current version, but the agency has ...
Our colleagues in Epstein Becker Green’s Immigration Law Group recently published a special client alert regarding a final rule issued by the U.S. Citizenship and Immigration Services (“USCIS”) concerning highly skilled workers.
On January 15, U.S. Citizenship and Immigration Services (“USCIS”) issued its long-awaited final rule regarding highly skilled workers from Australia, Chile, Singapore, and the Commonwealth of the Northern Mariana Islands (“CNMI”), along with amendments favoring employment-based immigration. In summary, this rule:
We recommend this recent client alert on Epstein Becker Green's website: "Special Immigration Alert: The Immigration Ripple Effect of a Government Shutdown," by Robert Groban, Jr., Pierre Georges Bonnefil, Patrick Brady, Jang Im, and Greta Ravitsky, our colleagues at Epstein Becker Green.
Following is an excerpt:
The looming prospect of a Government shutdown will have a significant impact on the immigration process. Activities of the U.S. Citizenship and Immigration Services (USCIS) will be largely unaffected because it is funded by the fees it collects. The shutdown ...
We recommend this recent client alert on Epstein Becker Green's website: "Special Immigration Alert: The Immigration Ripple Effect of a Government Shutdown," by Robert Groban, Jr., Pierre Georges Bonnefil, Patrick Brady, Jang Im, and Greta Ravitsky, our colleagues at Epstein Becker Green.
Following is an excerpt:
The looming prospect of a Government shutdown will have a significant impact on the immigration process. Activities of the U.S. Citizenship and Immigration Services (USCIS) will be largely unaffected because it is funded by the fees it collects. The shutdown ...
On March 8, 2013, the USCIS published a notice in the Federal Register announcing that it had recently revised the Employment Eligibility Verification form (“Form I-9”), and that employers must start using this new form by May 7, 2013. Employers using prior versions of the Form I-9 on or after May 8, 2013, will violate the law and be subject to worksite enforcement fines and other penalties.
[Excerpt from EBG April 2013 Immigration Alert. Click here to read the entire Immigration Alert.]
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