Tag: I-9

The Department of Homeland Security has announced that the COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. After this date, employers MUST complete in-person physical document inspections for employees whose documents were previously inspected remotely during the temporary I-9 flexibilities by August 30, 2023.  Will we ever go […]

Benching of H-1B Employees It is not permitted to bench H-1B employees without pay. At any point when an H-1B employee is not performing work or not in productive status because a company does not have an immediate project for them, the employee must still continue to receive the same wage listed in the Labor […]

U.S. Citizenship and Immigration Services (USCIS) recently announced that it has updated its policies by automatically extending the validity of Green Cards for lawful permanent residents (LPRs) who apply for naturalization. This policy update is expected to help naturalization applicants who experience longer processing times by reducing the number of Alien Documentation, Identification, and Telecommunications […]

On November 21, 2022, U.S. Citizenship and Immigration Services (“USCIS”) updated their policy regarding Ukrainian and Afghan parolees and their employment authorization status in the U.S. Now, Ukrainian and Afghan parolees, and their qualifying family members, with certain classes of admission are considered employment authorized incident to parole, which means that they do not need […]

For I-9 purposes, when an employer acquires new employees through a merger or acquisition, the employer has two options for employees who will be continuing with the new organization.  Treatment as “New Hires” The acquiring employer may treat them as new hires and complete new Forms I-9 for all new employees.  If the employer decides […]

U.S. Citizenship and Immigration Services (USCIS) has announced that it is updating its guidance as to what types of documentation E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.  This announcement comes after a previous announcement on November 12th, 2021, in which USCIS said that it considers […]

On December 23, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a 30-day extension of the flexibility related to Form I-9, Employment Eligibility Verification, compliance.  Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the U.S. All U.S. employers are […]

If the information your employer entered into E-Verify from your Form I-9, Employment Eligibility Verification, does not match records available to the Department of Homeland Security (DHS) or the Social Security Administration (SSA), your employer may receive a tentative nonconfirmation (TNC) result.  What Does a Tentative Nonconfirmation Result Mean? A TNC result does not necessarily […]

Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers are required to complete Form I-9 for any individual they hire in the United States—including citizens and noncitizens. Due to the outbreak of COVID-19, the Department of Homeland Security (DHS) announced on March 20, […]

COVID-19 is having a vast impact on immigration operations across all government agencies. To help navigate these challenges, Berardi Immigration Law is providing a summary with the most recent updates from US Citizenship and Immigration Services, Customs and Border Protection, the Department of State, and the Department of Labor.  Updates from USCIS  Premium processing suspended […]