News & Analysis as of

Remote Working Immigration Procedures Department of Homeland Security (DHS)

Holland & Hart - Employers' Lawyers

Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For

Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we...more

Perkins Coie

DHS Introduces Alternative Remote I-9 Verification Procedure and New Form I-9

Perkins Coie on

While recent changes to the I-9 process may affect select employers, the release of a new I-9 form will present changes to all employers. Qualifying employers are able to utilize an alternative verification procedure to...more

Miller Canfield

Form I-9 Flexibility Expiring July 31; DHS Announces Remote Inspection Option for Certain Employers

Miller Canfield on

On July 21, 2023, the Department of Homeland Security ("DHS") announced a new, alternative procedure that will allow certain employers to virtually inspect the identity and employment authorization documents presented by an...more

WilmerHale

I-9 Forms: Back to (In-Person) Basics, But with a New Exception

WilmerHale on

In March 2020, in response to the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) temporarily granted employers operating remotely due to the pandemic the flexibility to inspect employee I-9 documentation...more

Goodwin

DHS Ends Temporary Suspension of Form I-9 Physical Examination Requirements and Announces Alternative Verification Procedure and...

Goodwin on

On July 21, 2023, the U.S. Department of Homeland Security (“DHS”) announced multiple changes to the Form I-9 process. The changes narrow the circumstances in which employers may review I-9 documentation remotely....more

Miles & Stockbridge P.C.

DHS Announces New Remote I-9 Examination Policy for E-Verify Employers

COVID-19-related temporary flexibilities for Form I-9 end July 31, and employers face the daunting task of completing in-person physical document inspections for employees whose documents were inspected remotely by Aug. 30....more

Dorsey & Whitney LLP

Department of Homeland Security, Immigration and Customs Enforcement Reverses Course on Remote I-9 Verification and Issues New...

Dorsey & Whitney LLP on

As we previously wrote, in May, the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) announced an end to employers’ ability to remotely inspect I-9 documents (an accommodation made during the...more

Proskauer - Law and the Workplace

DHS Rule Will Permit Remote I-9 Authorizations on a Permanent Basis

The United States Department of Homeland Security (“DHS”) has issued a final rule that will permit certain employers to remotely verify I-9 employment authorization documents on a permanent basis beginning August 1, 2023....more

Guidepost Solutions LLC

Summer Doldrums? Not for Human Resources Teams and I-9s!

I don’t think the word “doldrums” is used very much anymore, but I do remember it vividly from when I was a child. It was predominantly used in connection to the lazy hazy days of summer when things were hotter than heck and...more

Cozen O'Connor

New Form I-9 and Policy Changes

Cozen O'Connor on

On Tuesday, July 25, 2023, U.S. Citizenship and Immigration Services (USCIS) will be issuing a new version of Form I-9, Employment Eligibility Verification. Form I-9 with a version date of (Rev. 08/01/23) will be available...more

Lippes Mathias LLP

U.S. Immigration Site Visits Challenging for Remote Working L-1 Intracompany Transferees

Lippes Mathias LLP on

U.S. Citizenship and Immigration Services (USCIS) site visits are challenging for employers and beneficiaries who work in the U.S. in L-1 Intracompany Transferee status. At these visits, U.S. government officials flash badges...more

Quarles & Brady LLP

Sunsetting of Form I-9 Flexibilities

Quarles & Brady LLP on

The Department of Homeland Security (DHS) recently announced the termination of temporary Form I-9 flexibilities that were put into place in response to challenges of in-person document examination during the COVID-19...more

Greenberg Glusker LLP

The DHS Presses “Pause” on I-9 Remote Controls: How Employers Should Navigate the End of the Road for Remote Verification of...

Greenberg Glusker LLP on

Historically, employers were legally required to conduct an in-person inspection of I-9 Section 2 documents (e.g., an employee’s passport, driver’s license, and/or social security card) to verify an employee’s identity and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Again Extends I-9 Compliance Flexibility, Also Proposes Framework to Allow Alternative Verification Procedures

The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), recently extended until July 31, 2023, the temporary policy allowing remote verification of Form I-9 documents for employees...more

Littler

Will Virtual, Remote I-9 Verification Post-COVID Become a Reality?

Littler on

Since March 2020, the USCIS has allowed virtual, remote I-9 verification where all employees are working remotely due to COVID, or when a new employee, post April 1, 2021, is working remotely due to COVID. Many employers as...more

Mintz - Immigration Viewpoints

Form I-9 Requirements Flexibility Extended until August 31, 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. As discussed in a previous post, on...more

McAfee & Taft

DHS-ICE implements more Form I-9 verification flexibilities through May 31 for remote employers and workplaces

McAfee & Taft on

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) is continuing its discretion to defer the physical presence requirements associated with the Employment Eligibility...more

Mintz - Immigration Viewpoints

Form I-9 Requirements Flexibility Extended for 30 Days

On Friday May 15, 2020, U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) announced they would extend flexibility related to in-person Form I-9 compliance that was granted earlier...more

Spilman Thomas & Battle, PLLC

Homeland Security Reminds Employers that I-9s are Still Needed, but Offers Guidance for Employers Who are Fully Remote

Human resource professionals all know of the obligation to complete a Form I-9 to verify the identity and employment authorization of a newly hired employee. To verify a newly hired employee’s identity, the employee must...more

Benesch

DHS Demonstrating Flexibility in Response to COVID-19

Benesch on

Physical Presence Requirement - As a result of the COVID-19 pandemic, and effective March 20, 2020, the Department of Homeland Security (“DHS”) is permitting employers to defer the requirement to physically inspect...more

Snell & Wilmer

Form I-9 and COVID-19: Flexibility in Compliance Requirements

Snell & Wilmer on

Department of Homeland Security (DHS) announced today changes to the Form I-9 process due to COVID-19... Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the...more

Pullman & Comley - Labor, Employment and...

Potential Immigration Compliance Issues Raised by Coronavirus Travel Restrictions, Work-from-Home Policies, and Layoffs

As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...more

Fox Rothschild LLP

Breaking News: DHS Announces Flexibility In Requirements Related To Form I-9 Compliance And Automatic Extension Of Time To Respond...

Fox Rothschild LLP on

Department of Homeland Security, Immigration and Customs Enforcement Announcement of March 20, 2020: Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the...more

Proskauer Rose LLP

DHS Temporarily Allows Remote Completion of Form I-9

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Proskauer's Immigration Practice Group is advising clients on an array of challenges as companies find it difficult to comply with their Immigration and Reform Control Act (IRCA) obligations and maintain the legal status of...more

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