Immigration Blog

Marks Gray Business Immigration Tips for Employers: How to Perform Form I-9 Verification for Remote Workers Using an Agent or Authorized Employer Representative

Employers — want to know how you can use an agent or authorized employer representative to perform remote Form I-9 verification? With ongoing remote work, which is likely to continue, employers have been asking me to review the option for completing the Form I-9 for remote workers using an agent or authorized employer representative, such as another HR professional, family member or anyone else. Here is a step-by-step overview of this process.  Section 1 This […]

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HR Alert: Another Extension for Form I-9 Virtual Verification Flexibility — This Time for an Additional 60 Days

On September 15, DHS and ICE announced another extension of the flexibility of virtual verification to comply with the requirements of Form I-9, Employment Eligibility Verification.   Previously, the deadline for flexible verification was set to expire on September 19. This time the extension is for 60 days. The expiration date for this accommodation is now November 19, 2020.    Keep in mind, however, that this provision only applies to those workplaces and employers that are operating […]

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New Decision Means You Can Temporarily Use Form I-797 EAD Approval for Form I-9 Verification

Qualifying Form I-797s must include a notice date on or after 12/1/19 through 8/20/20. Additionally, this form must be informing of Approval of an Application for EAD (Form I-765) until 12/1/20. Employees may use the EAD Approval Notice to establish employment authorization during the I-9 verification process.  This decision comes after a settlement from a class action lawsuit against USCIS, asserting harm from the recent extensive delays in EAD card issuance. It was discovered that […]

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HR Alert: There Is an Additional Extension of the Flexibility of Virtual Verification for Form I-9

DHS and ICE recently announced another extension of the flexibility of virtual verification to comply with the requirements of Form I-9, Employment Eligibility Verification.  Previously, the deadline for flexible verification was set to expire on August 18. However, due to dangers associated with the online COVID-19 pandemic, DHS decided to extend the policy for another 30 days.  Keep in mind, however, that this provision only applies to those workplaces and employers that are operating remotely. […]

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Discover How to Complete Form I-9 Under the New Flexible Rules. USCIS Shows Us How.

In an unusual move, USCIS recently posted examples of annotated Forms I-9 as guidance for employers. They cover both remote employment authorization inspection and performing the required physical inspection once normal operations resume. All told, USCIS provided seven Form I-9 examples.  These are meant to assist employers with documentation resulting from the temporary policy allowing employers to inspect Section 2 documents remotely using video, fax, email, or other. Currently, this flexibility is set to expire […]

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Alert for Post Covid-19 Workplaces: What You Should Know Right Now about I-9 Compliance

Over the past few months, many employers took advantage of pandemic-inspired relaxation of Form I-9 review policies that allowed for employers to examine employment eligibility documents remotely. Now that many physical locations are reopening, things are changing again. What exactly do employers need to do? For Employees Hired Utilizing Remote Verification Within three business days of resuming normal operations, you should require any employees who were hired utilizing remote verification to show up in person […]

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