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Greg Berk is a partner in the Labor and Employment Practice Practice Group and Leader of the Immigration Practice.

On August 1, 2023, the Department of Homeland Security (“DHS”) released a new Form I-9. An I-9 form is used to verify work authorization for new hires and a limited number of existing employees. The previous I-9 was issued in 2019 and expires on October 31, 2023. Continue Reading DHS Releases New Form I-9 and Video Verification Procedure: Guidance and Checklists for Busy Employers

The Department of Homeland Security (“DHS”) announced on July 21, 2023 they will publish a revised version of Form I-9 on August 1, 2023. DHS also announced an enhanced remote verification flexibility using video for E-Verify employers, both for clean-up of I-9s created during the pandemic and going forward.Continue Reading DHS Announces New Form I-9 and Remote Verification for E-Verify Employers

The Department of Homeland Security (“DHS”) announced on May 4, 2023 a planned end to the COVID-19 remote I-9 flexibility. The flexibility ends on July 31 and prior pandemic I-9s must be remediated by Aug 30, 2023. Therefore, employers should act quickly to review and remediate I-9s that were verified remotely in the past three years.Continue Reading ICE Announces July and August Deadlines for Employers: Preparing for the DHS Planned Sunset of the COVID Pandemic Remote I-9 Verification Accommodations

Presidential Proclamation

On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on immigrant visas.  The new visa ban expands the restrictions to certain non-immigrant categories.
Continue Reading How the New Presidential Proclamation Regarding Non-Immigrant Visas Affects Your Company

With the growing concern about Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) some foreign nationals who live outside the U.S. have decided to fly to the U.S. and wait out the crisis.  This article discusses the related visa and immigration issues, and what U.S. Customs and Border Protection requires to admit someone into the U.S.
Continue Reading Coming to America…to Wait Out the Coronavirus — Visa & Immigration Considerations

DHS recently issued a new I-9 form. This new version is mandated starting May 1. The old form expired last year and DHS had temporarily extended its validity. The new form is essentially the same as the older version. DHS made minor technical updates to the instructions. All of the pre-existing I-9 rules and regulations remain intact. The new I-9 form can be found at:  https://www.uscis.gov/i-9
Continue Reading DHS Issues New I-9 Form — Required by May 1 for New Hires and Reverifications

Most companies will be impacted by the immigration initiatives announced by the White House this week.  It will take up to several months for the initiatives to be implemented in order to give the U.S. Department of Homeland Security (DHS) time to ramp up.  And some of the initiatives are aspirational in nature so the end result and timing is unclear at this time.  Be advised that because these are executive acts, they are subject to repeal in the future.  The impact to employers includes the following:
Continue Reading How Will the White House Announcement on Immigration Affect Your Company?