Written by Brian Fu and Frida P. Glucoft What is the REAL ID Act, and when does it go into effect? The REAL ID Act establishes minimum security standards for licenses and prevents federal agencies from accepting licenses and identification cards from states that do not meet the set standards. Enforcement of the REAL ID Act begins May 7, 2025, at which point federal agencies, … Continue reading REAL ID – Does one really need it?
Written by Frida P. Glucoft and Lauren Hazday Today the U.S. Department of Homeland Security (DHS) announced a final rule in the Federal Register that recognizes the end of temporary COVID-19 flexibilities for completion of Form I-9 for employment verification as of July 31, 2023. The rule also provides DHS with the authority to authorize optional alternatives for employers to examine Form I-9 support documentation. … Continue reading Update: DHS Announces New Alternative Procedure for E-Verify Employers and New Form I-9 Requirements
Written by Frida P. Glucoft and Lauren Hazday Introduction: In March 2020, U.S. Immigration and Customs Enforcement (ICE) introduced COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification that allowed employers operating remotely to verify employee identity and employment authorization documents virtually (e.g. fax, email or video). These measures have been extended several times, most recently in October 2022 through July 31, 2023. However, ICE … Continue reading COVID-19 Temporary Flexibilities for Form I-9, Employment Eligibility Verification, Will End on July 31, 2023
Written by Alina Charniauskaya-Mehta and Jason A. Farkas Beginning July 1, 2023, employers with 25 or more employees in Florida will be required to use E-Verify to confirm the employment eligibility of new hires, pursuant to Florida Senate Bill (SB) 1718, the new law signed by Governor Ron DeSantis on May 10. Independent contractors – as defined in federal laws or regulations – do not … Continue reading Florida to Require E-Verify for Employers With 25 or More Employees in the State
Written by Deeba Fahami and Frida P. Glucoft For the first time in almost 20 years, the State Department (“DOS”) will launch a pilot program later this year offering visa renewal options in the US for H-1B and L-1 workers who are currently required to travel abroad. Background The DOS is the agency who has exclusive authority to issue visas. Currently, visas may be issued … Continue reading Pilot Program for Stateside Visa Renewals
Written by Lauren Hazday and Alina Charniauskaya Mehta Introduction: To obtain H-1B status for the first time, an employer or prospective employer of a foreign worker is required to go through the annual randomized H-1B lottery often referred to as “H-1B cap.” The H-1B lottery is run to meet the annual quota of 85,000 (20,000 reserved for U.S. advanced-degree holders and 65,000 for holders of … Continue reading H-1B Cap Registration Period Will Run Between March 1 and March 17, 2023
Written by Deeba Fahami On December 28, 2022, the Biden administration announced new COVID-19 restrictions for travelers from China, citing mounting concerns of the ongoing COVID-19 surges and the lack of adequate data being reported from the People’s Republic of China (China). These restrictions will affect all air passengers two years and older boarding flights to the United States originating from China, Hong Kong, and … Continue reading U.S. to Impose New COVID-19 Restrictions for Air Travelers from China
Written by David S. Rugendorf Today (March 18, 2022) the U.S. Citizenship and Immigration Services (USCIS) announced that beginning April 1, 2022, it will mail notices to certain E and L nonimmigrant spouses, specifically those who entered the United States before January 30, 2022 and who are the beneficiaries of an approved Form I-539 extension of status. These notices, along with an unexpired I-94, will … Continue reading USCIS to Mail Evidence of Work Authorization to Certain E and L Nonimmigrant Spouses
Written by David S. Rugendorf The return to the physical workplace environment after approximately two years of remote work arrangements brings with it many challenges and tasks. What employers may easily overlook is that “normal” in-person Form I-9 administration procedures resume upon employees’ return to the physical office. Moreover, physical inspection of documents is also required for employees who were on-boarded during a COVID-19 remote … Continue reading Returning to Your Physical Office After COVID-19?: Remember to Resume Physical Inspection of I-9s
Written by David S. Rugendorf As of January 31, 2022, the US Customs and Border Protection has begun providing spouses of E and L-1 nonimmigrants with a special designation code upon admission to the United States. Following a lawsuit settlement that was announced in November, 2021, these spouses will be allowed to work in the United States immediately upon entry. These spouses will be issued … Continue reading US Authorities Implement New Admission Codes for E and L Spouses, Providing for Employment Authorization Automatically Upon Entry
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