When onboarding new employees, most US employers are aware they must complete Form I-9 for every employee, but far fewer are prepared when the government comes calling. Given President Trump’s immigration directives, which focus heavily on enforcement efforts, the probability surrounding possible increases in site visits and surprise audits by various agencies including Immigration and Customs Enforcement (“ICE”) , maintaining accurate I-9 records is not an option, but a legal obligation with real consequences. Is your business ready?
Read moreThe New York Times: “Trump’s Purge of Foreign Workers Arrives at Amazon’s Warehouses”
The US economy is starting to be shaken up by the Trump Administration’s revocation of humanitarian parole programs that gave foreign nationals the ability to work legally in the country. President Trump’s tough stance on immigration and recent government actions have forced many immigrants, who were legally residing in the US and had authorization to work, out of their jobs. As the Trump administration revoked humanitarian parole programs for nationals of Cuba, Haiti, Nicaragua, and Venezuela (“CHNV”) and Temporary protected status (“TPS”) for nationals of Venezuela and Haiti the numbers of foreign nationals with valid work permits has taken a dive. As a result, Amazon has been faced with a dwindling work force in their warehouses around the country after certain employees who were eligible to work under CHNV or TPS could not obtain new work authorization documents and were consequently dismissed in late June as a result of their loss of work authorization.
Read moreDHS Permanently Increases Automatic Extension of Certain Employment Authorization Documents for Certain Applicants
On December 10, 2024, The Department of Homeland Security (“DHS”) announced a permanent increase in the automatic extension period for employment authorization documents (“EADs”) up to 540-days from the current 180-days period for certain applicants who timely and properly filed their Form I-765 applications for work authorization.
Read moreUSCIS Starts Online PDF Filing for I-765 Application for Employment Authorization
Consistent with the Biden Administration’s Executive Order on Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government by improving the customer experience, on October 8, 2024, United States Citizenship and Immigration Services (“USCIS”) introduced an electronic PDF filing option for certain I-765 Employment Authorization Document (“EAD”) applicants via their personal USCIS online accounts. Eligible applicants may file Requests for Fee Waiver, Form I-912 in PDF format as well, which marks the first time fee waiver requests can be filed online.
Read more180-Day Automatic Extensions of Employment Authorization Documents
United States Citizenship and Immigration Services (“USCIS”) announced on October 27, 2023, they would be reverting back to 180-day automatic extensions of employment authorization and EAD validity for those eligible applicants who timely file a Form I-765 renewal application on or after October 27, 2023. This announcement follows a Temporary Final Rule (“TRF”) adopted by USCIS from May 4, 2022, through October 26, 2023, which increased the automatic extension period for employment authorization and Employment Authorization Documents (“EADs”) available to certain EAD renewal applicants up to 540-days. Please note that this change to automatic 180-day renewals does not affect beneficiaries who were granted automatic extensions of up to 540-days during the time the TRF was in effect. For beneficiaries of the 540-day extension, the increased automatic extension “will end when they receive a final decision on their renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.”
Read moreUSCIS Updates EAD Authorization to Five Years for Certain Noncitizens, Including Adjustment of Status Applicants
United States Citizenship and Immigration Services (“USCIS”) announced on September 27, 2023, it is increasing the maximum validity for initial and renewal of Employment Authorization Documents (“EADs”) to 5 years for certain noncitizens. Applicants for initial and renewal EADs, including applicants for adjustment of status, in both employment and family based categories, will receive an EAD with a maximum five-year validity, as opposed to two-years. This change is being implemented by USCIS immediately, “and applies to Applications for Employment Authorization, that are pending or are filed on or after September 27, 2023.”
Read moreEmployment Authorization Documents Based on Compelling Circumstances
On June 14, 2023, United States Citizenship and Immigration Services (“USCIS”) announced new policy guidance has been added to its Policy Manual addressing the eligibility criteria for the issuance of employment authorization documents in compelling circumstances. Classified as those circumstances which are “beyond the usual hardship associated with job loss”, Volume 10 of the USCIS Policy Manual, details what foreign nationals must show in order to be eligible for an initial Employment Authorization Document (“EAD”) based on compelling circumstances.
Read moreJudge Upholds Right of Spouses of Certain H-1B Visa Holders to Work in the US
US District Judge Tanya Chutkan dismissed a law suit brought by Save Jobs USA against U.S. Department of Homeland Security (15-cv-0015, US District Court, District of Columbia) which challenged the rights of certain highly skilled H-1B visa holders’ spouses to work in the US. Judge Chutkan upheld rule which grants certain H-4 visa holders the right for work authorization parallel to their spouses’ H-1B visa validity for employment in the US. The same Judge had previously dismissed the suit, ruling that Save Jobs lacked standing to challenge the H-4 rule. However, a federal appeals court reversed that ruling in 2019 and revived the case.
Read moreUSCIS Rolls Out Premium Processing Option for Certain F-1 Students
Holding to true to its plans to expand its premium processing services to “increase efficiency and reduce burdens to the overall legal immigration system”, United States Citizenship and Immigration Services (“USCIS”) announced it is implementing premium processing service and online-filing procedures for certain F-1 student visa holders seeking Optional Practical Training (“OPT”) and F-1 students seeking science, technology, engineering, and mathematics (“STEM”) OPT extensions.
Read moreUSCIS Implements Final Phase of Premium Processing Service Expansion, Including Option for New Petitions
United States Citizenship and Immigration Services (“USCIS”) announced it is implementing the final phase of its expansion of premium processing for Forms I-140, Immigrant Petition for Alien Workers, in the EB-1 Multinational Executive and Manager and EB-2 National Interest Waiver (NIW) categories. This final phase is set to commence on January 30, 2023.
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