Department of Homeland Security

Immigration Insights – DHS Update

While the pandemic wreaked havoc on many immigration processes and has resulted in some breaks in employers’ I-9 compliance, E-Verify program obligations for employment eligibility verification have not been relaxed. E-Verify requires all subscribed employers to take action on cases designated as “tentative nonconfirmation case” (TNC) for their employees within 10 federal government working days.

Immigration

Updates from the DOS and USCIS + Updated Guidance for Form I-9

DOS Update The Department of State (DOS) has extended the validity of National Interest Exceptions (NIEs) for travelers subject to restrictions under Presidential Proclamations banning entry into the U.S. due to presence in China, Iran, Brazil, South Africa, the United Kingdom, Ireland, India and the Schengen area. Existing NIEs and newly-issued NIEs will be valid

COVID-19Emergency Immigration Alert

How To Navigate Employment Verification Requirements During COVID-19

The Department of Homeland Security (DHS) has relaxed the employment verification requirements with COVID-19 and social distancing requirements for employers who are operating solely remotely. Specifically, DHS will exercise discretion with the physical inspection requirement of the employee’s identity and employment authorization documents by allowing the employer to inspect the Section 2 documents remotely (via

Department of Homeland Security

DHS Update

I-9 Update: USCIS has recently announced a new version of Form I-9, Employment Eligibility Verification.  While Forms I-9 in employers’ files remain valid if they were completed during the validity period of the prior form edition, employers should be now using the new edition of the form with the 10/21/2019 version date.  Employers that require

Immigration Enforcement News

Immigration Enforcement News

The US government has significantly ramped up its enforcement efforts in the recent years. In Fiscal Year (FY) 2018, Homeland Security Investigations (HSI) initiated 6,848 worksite investigations which reflects a more than 300% increase from FY 2017. The number of I-9 employment eligibility verification compliance audits has also increased: nearly 6,000 audits were conducted in

Department of Homeland Security

DHS Update

2019 H-1B Cap-subject Petitions. On April 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated 65,000 H-1B visa cap for the government’s Fiscal Year (FY) 2019 and received in excess of 190,000 cap-subject petitions. USCIS also confirmed that it had reached the cap under the 20,000 H-1B petitions allocation for U.S. advanced

Immigration and Customs Enforcement (ICE) News

Company Audits

Company Audits: Following the Immigration and Customs Enforcement (ICE) five-day targeted operation in the Los Angeles area, the government served 122 notices of inspection (NOIs) to businesses and arrested 212 individuals for violating federal immigration laws. An additional 77 NOIs were served to businesses in northern California. A NOI alerts businesses that ICE is going

Immigration Enforcement News

ICE & DOJ News

Following the Immigration and Customs Enforcement (ICE) “silent raids” of nearly 100 7-Eleven store locations and several major prosecutions for worksite immigration compliance violations, ICE has recently announced a 3-prong approach to enforcement efforts. The new approach involves (1) Form I-9 Employment Eligibility Verification compliance audits; (2) investigation and punishment of employers knowingly employing unauthorized

Department of Homeland Security

DHS Update

The start of the New Year has been marked by a few immigration controversies. An important federal court decision of January 9th has resulted in the United States Citizenship and Immigration Services’ (USCIS) resumption of DACA status renewal and temporary employment authorization application acceptance and processing for the registered DACA individuals. USCIS recommends that applicants

Immigration Service Reminders

Immigration Service Reminders

Importantly, the new year often brings changes to government procedures that can affect employment practices or employees’ immigration proceedings. With the change in year, the immigration service often changes its immigration filing locations, updates immigration and related forms, and imposes new fees on certain applications. It is important to check with immigration counsel regarding any