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The Department of Homeland Security (DHS) has sent a proposed rule to update Form I-9 employment eligibility procedures to the White House Office of Management and Budget.
Key Points:
Additional Information: U.S. Citizenship and Immigration Services (USCIS) is working on a separate rule to provide a new version of the Form I-9. The agency proposed a revised form in March and accepted comments on it through May 31. Officials must review the comments before finalizing revisions. The agency may make additional changes in response to comments, and will announce when a new form version will become mandatory.
BAL Analysis: DHS said that the proposal it sent to OMB may “reduce burdens on employers and employees while maintaining the integrity of the employment verification process.” BAL has welcomed the temporary flexibilities and has urged USCIS to make remote verification available permanently. BAL will continue following the proposal through the regulatory process and will provide updates as information becomes available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The Department of Homeland Security (DHS) announced that it would open registration for Temporary Protected Status (TPS) for Cameroon on June 7. It will remain open through Dec. 7, 2023.
Additional Information: DHS made the decision to add Cameroon under TPS due to the extreme violence between government forces and armed separatist and the widespread destruction of civilian infrastructure resulting in economic instability, food insecurity and several hundred thousand displaced Cameroonians.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of May 31, the department was adjudicating applications filed in November and earlier, conducting audit reviews on applications filed in September and earlier, and reviewing appeals for reconsideration filed in January and earlier.
Average PERM processing times:
PWD Processing: As of May 31, the National Prevailing Wage Center was processing PWD requests filed in November and earlier for H-1B (OES and non-OES) and PERM (OES and non-OES) cases. Redeterminations were being considered on appeals filed March and earlier for H-1B cases and PERM cases. Center director reviews were being conducted for PERM cases filed in April and earlier.
BAL Analysis: BAL’s internal case tracking is consistent with the Labor Department’s published processing times. BAL is seeing approvals for PERM applications filed in November and earlier and is starting to see PWDs for requests filed in November and earlier for H-1B and PERM cases.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
BAL has submitted a public comment in support of U.S. Citizenship and Immigration Services (USCIS) efforts to streamline the Form I-9 and reduce burdens on employers and employees. The comment came in response to an agency proposal to revise the Form I-9 in an effort to simplify the verification of employment eligibility.
BAL urged USCIS to:
The full comment is available here.
Background: USCIS published its proposal for the revised Form I-9 on March 29, opening a public comment period that closed May 31. The proposed changes to the form include:
USCIS received more than 180 comments on the proposal. The agency will now review the comments before finalizing the revised form and may make further changes in response to comments. The current Form I-9 is scheduled to expire on Oct. 31, and USCIS will announce the date on which employers will be required to begin using the new form.
In its comment, BAL also expressed support for guidance that temporarily allows certain employers operating remotely due to COVID-19 to conduct verification of employee documents virtually, e.g., by using fax, email or video link. The measures are currently in place through Oct. 31. BAL has urged USCIS to make remote verification available permanently.
U.S. Citizenship and Immigration Services (USCIS) has expanded premium processing to certain previously filed Form I-140 petitions for executives and managers.
Additional Information: USCIS is taking a phased approach to expanding premium processing as part of a broader effort to reduce backlogs and provide relief to foreign nationals affected by processing delays. USCIS published a new version of the Form I-907 last month. The new form is dated May 31, 2022, but the agency will accept both the old and new versions in the month of June. Beginning July 1, it will only accept the new version. BAL will continue to follow the expansion of premium processing and will provide updates as information becomes available.
U.S. Citizenship and Immigration Services (USCIS) has reminded the public of special services made available to those affected by extreme situations such as the shooting in Uvalde, Texas.
On a case-by-case basis, individuals impacted by extreme situations and certain other unforeseen circumstances may request:
Additional Information: Individuals who are making a request listed above should explain how the shooting in Uvalde, Texas, created the need for such a request. Those who lost evidence should include an explanation and a copy of a police report, insurance claim or other report as supporting information.
Employers and individuals are reminded that all Form I-9 requirements remain in place and should review instructions on how to verify employment eligibility of employees whose documents are lost or damaged. Individuals are reminded to update their addresses with USCIS to avoid possible delays in processing. More information regarding the special measures is available here.
U.S. Customs and Border Protection (CBP) announced yesterday that it will increase the fees for travelers with an approved Electronic System for Travel Authorization (ESTA) to enter the U.S.
Additional Information: ESTA is the online system through which nonimmigrant visitors intending to enter the U.S. under the Visa Waiver Program (VWP) at air or sea ports of entry must obtain an electronic travel authorization before traveling to the U.S. A list of countries eligible for the VWP is available here.
U.S. Citizenship and Immigration Services (USCIS) announced Tuesday that it would make premium processing available to certain petitioners with pending Form I-140 applications under the EB-1 and EB-2 classifications.
The expansion will apply to certain previously filed Form I-140 petitions under (1) an E13 multinational executive and manager classification or (2) an E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).
Additional Information: USCIS is taking a phased approach to expanding premium processing as part of a broader effort to reduce backlogs and provide relief to foreign nationals affected by processing delays. At this time, USCIS will not accept initial Forms I-140 with a premium processing request for the classifications listed above. It will also reject premium processing requests that are filed before the applicable start date.
USCIS published a new version of the Form I-907 this week. The new form is dated May 31, 2022, but the agency will accept both the current and new versions in the month of June. Beginning July 1, it will only accept the new version.
The National Visa Center (NVC) has indefinitely suspended its public inquiry telephone number to address critical backlogs.
Additional Information: Individuals can find information regarding common inquiries for Immigrant Visas here and Nonimmigrant Visas (NIV) here. More information regarding the NVC’s suspension of its public inquiry telephone number is available here
The Department of Homeland Security (DHS) has announced that it will open registration for Temporary Protected Status (TPS) for Afghanistan on Friday, May 20. Registration will remain open through Nov. 20, 2023. DHS also temporarily suspended employment authorization requirements for certain F-1 students from Afghanistan.
Additional Information: The decision to designate Afghanistan for TPS was made due to the ongoing armed conflict and threat posed on civilians lives. DHS cited the same reasons in its decision to provide relief for nonimmigrant F-1 students. More information can be found here.