Category Immigration

E-Verify COVID-19 Accommodation: New Temporary Rule for I-9 Compliance

On May 1, 2020, the federal Department of Homeland Security (DHS) announced that expiring list B documents used for the purpose of validating an employee’s eligibility to work in the United States may be treated as if the employee provided a valid receipt for the document for I-9 purposes. DHS reasoned that, “Because many areas are under... Read More

COVID-19 Update: Presidential Proclamation Suspending Entry of Immigrants

Summary The highly anticipated Presidential Proclamation which suspends entry of certain immigrants during the economic recovery period of COVID-19 has been signed and will be effective at 11:59 pm today, April 23, 2020. In short, the suspension affects a limited group of foreign nationals – those who are outside the United States and without a... Read More

H-1B Lottery Concluded – Petitions May Be Filed Beginning April 1

U.S. Citizenship and Immigration Services (USCIS) announced earlier this week that the H-1B electronic registration process and the FY2021 lottery has concluded. Employers are now eligible to file a FY2021 H-1B cap-subject petition — provided they electronically registered the beneficiary in the H-1B registration process, and the registration was... Read More

Homeland Security’s Response to the COVID-19 Pandemic: E-Verify and Form I-9 Temporary Policies

In response to the COVID-19 pandemic, Department of Homeland Security (DHS) has implemented several changes to the Form I-9 and E-Verify programs to alleviate concerns and burdens for employers. Form I-9 Policies As employers are likely aware, Form I-9, which provides verification of work authorization for employees, possesses the requirement that... Read More

COVID-19 Immigration Q&A for Employers

What impact does “work-from-home” and “social distancing” have on my foreign labor force? Many non-immigrant visas (H-1B, L-1, TN, O, P, R, etc.) are tied to particular work-sites and activities performed at specific locations. Employers that are asking their employees to work from home may need to file new Labor Condition Applications (LCAs) or... Read More

Unlucky in the Lottery: H-1B Alternatives

U.S. Citizenship and Immigration Services (“USCIS”) recently completed its annual H-1B visa random selection process, more colloquially known as the “lottery.” The lottery process is mandatory for all H-1B petitions that are “cap-subject,” meaning that they do not qualify for any of the limited exemptions to the lottery.[1] USCIS received 199,000... Read More