USCIS is in the process of entering a Consent Order to produce, on a specific schedule, Employment Authorization Document (EAD) cards for those 75,000 foreign nationals who have approved employment authorization applications but have been waiting for inordinate amounts of time for the cards themselves. Without the cards, these foreign nationals have not been able
Remote Virtual Verification Continues for I-9 Compliance During COVID-19 Pandemic
ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 30 days, until September 19, 2020, due to continued precautions related to the COVID-19 pandemic.
Pursuant to the original guidelines for virtual verification, eligible employers may continue to inspect Section 2 documents without an actual in-person
New Executive Order Takes Aim at Hiring under Federal Contracts
The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and 2019 to determine if U.S. job opportunities or the economy have been adversely affected by the use of temporary foreign workers
Finally, EADs Appear Headed to Foreign Nationals with Approved Applications
Assuming there is no further stalling or litigation by the government, Employment Authorization Documents (EADs) may finally be on their way to approximately 75,000 foreign nationals who have been waiting for them, in some cases for months, after having approved application notices in hand.
In Subramanya v. USCIS, federal District Judge Algenon L. Marbley issued
H-1B Update: Administration to Increase Scrutiny, Investigations
Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas.
Without Congressional oversight or legislative changes, the Trump Administration has changed the policies for H-1Bs, resulting in the highest denial rate in history of this legal immigration program. During the ongoing COVID-19 pandemic national emergency,
USCIS Postpones Furloughs
USCIS confirmed that its planned furlough of 70% of its workforce (13,400 employees) will be postponed at least until the end of August. The ostensible reason for the furlough was a budget shortfall, even though USCIS is a fee-based service that historically has covered costs.
The furlough announcement, when coupled with the anti-immigration agenda from
I-9 Compliance Flexibility Extended to August 19, 2020
The Department of Homeland Security (DHS) has extended its flexibility regarding the physical presence requirements for I-9 inspection for another 30 days, until August 19, due to the ongoing precautions related to the COVID-19 pandemic.
Eligible employers may continue to inspect Section 2 documents remotely (e.g., over video link, fax, or email) and must
Trump Administration Abruptly Rescinds Controversial Rule on Foreign Students
In a surprise announcement, District Judge Allison D. Burroughs, U.S. District Court for the District of Massachusetts, announced a reversal of the government decision that was announced just last week regarding students in F-1 or M-1 nonimmigrant status. Foreign students will now be able to enter the United States and remain even if they are
Printing Debacle at USCIS: Employees, Employers Harmed by Government Failure to Print Documents
Foreign nationals with approved permanent residence applications but no actual permanent resident card (known as Green Cards) are not the only ones dealing with the printing back-up at USCIS. After deciding to bring the printing of Green Cards and all other employment authorization documents in-house, USCIS is not able to keep up with the
White House Issues Amendment to Presidential Proclamation on Suspension of New Work Visas
The White House has issued an amendment to the June 22, 2020, Presidential “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” to clarify an issue regarding those who are outside the scope of the Proclamation.
According to the amendment, not all those