Immigration

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced yet another extension to flexibility relating to in-person Form I-9 compliance. The policy, which was originally announced on March 19, 2020, was previously set to expire on October 31, 2022. With this new extension, the policy will remain in effect until July 31, 2023.

On December 15, 2021, USCIS and ICE announced they again extended flexibility relating to in-person Form I-9 compliance. This flexibility allows employers whose entire workforce is working remotely to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) and section 274A of the Immigration and Nationality Act. In addition, it applies to employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19-related precautions.

The U.S. Department of Justice (“DOJ”) Office of Public Affairs issued a press release two days ago, October 19, 2021, announcing a settlement with Facebook involving their recruiting practices to qualify foreign nationals for permanent residence (green card) status in the U.S. This settlement involves a civil fine of $4.75 million payable to the U.S. government, plus an additional payment of up to $9.5 million to eligible victims. This settlement ends a lawsuit filed by DOJ against Facebook in December of 2020.

On Thursday, July 29, 2021, U.S. Citizenship and Immigration Services (USCIS) announced the results of a second H-1B cap lottery. The agency selected an additional number of H-1B registrations from the original submissions, which occurred during the registration period from March 9 to March 25, 2021.

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced they would again extend flexibility relating to in-person Form I-9 compliance.

U.S. Citizenship and Immigration Services (USCIS) will be suspending biometric screening requirements for H-4, L-2, E-1, E-2, and E-3 dependent visa holders for two years beginning May 17, 2021.

Although no official announcement was made, U.S. Customs and Border Protection (CBP) is now recommending that Canadian TN and L applicants schedule an appointment to present their applications when entering the United States at a Buffalo area border crossing.

On October 5, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced a 10 federal government working day period in which employers will need to take action within E-Verify on Tentative Non-confirmations (“TNCs”) by either referring the case to the Social Security Administration and/or the U.S. Department of Homeland Security (DHS) or closing the case.

On his first day in office, President Joseph Biden sought to end a series of discriminatory travel bans set forth by the previous administration. President Biden focused his initial presidential actions on returning to this country’s tolerant and welcoming principles and values, the traditional American sentiment laid out in the inscription on the Statue of Liberty itself.

On December 15, 2020, United States Citizenship and Immigration Services (USCIS) announced that it is still experiencing delays in issuing receipt notices for filed petitions and applications.

On November 18, 2020, The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced they would again extend flexibility relating to in-person Form I-9 compliance.

As the COVID-19 pandemic and related restrictions continue, many who have endured long separations from home and family are eager to travel as the holidays approach. Everyone considering holiday travel is urged to carefully consider the risks and be fully aware of how ongoing conditions may impact travel.