Immigration Blog

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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What You Need to Know about the New I-9 Handbook for Employers

USCIS released its new M-274, Handbook for Employers: Guidance for Completing Form I-9, also known as I-9 Handbook. The handbook provides employers with guidance on how to complete and retain the Form I-9.  This updated version contains expanded information on properly completing the most recent edition of Form I-9, Employment Eligibility Verification, which became effective May 1, 2020. It also provides updates on policy changes. Below we provide a summary of the main updates to […]

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How Do I Complete the I-9 Verification of an F-1 Student Under the H-1B Cap-Gap?

Some F-1 students whose H-1B petitions were timely filed with an October 1 start date and requested change of status are eligible for a cap-gap extension of status and employment authorization. The cap-gap is the period between when the F-1 student status would end and the H-1B status begins on October 1. Qualifying students are legally able to live and work in the United States during the “cap-gap” period. The cap-gap extension ends on September […]

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