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Amy L. Peck Blog Posts

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  • DHS Increases Automatic Extension of Work Authorizations for Certain Individuals

    As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals. Currently, certain individuals with expiring employment authorization documents (EADs) can continue working for an additional 180 days as long as they have timely submitted for a replacement... Continue Reading
    May 4, 2022
  • New Form I-9 Is in the Works

    A new Form I-9, Employment Eligibility Verification is in the works.  The Department of Homeland Security (DHS) is seeking comments on its proposed changes to the form. Used by all employers, Form I-9 has always had many traps for the unwary.  DHS, with its proposed changes, is trying to simplify and clarify things. The proposed... Continue Reading
    April 4, 2022
  • DHS on New Premium Processing

    The Department of Homeland Security set out the specifics about the upcoming new premium processing benefits in the Federal Register on March 30, 2022. The details, however, did not include any specific implementation dates, which it said depends on when the revenues exist to cover potential costs. The plan is to make premium processing available... Continue Reading
    April 1, 2022
  • USCIS Measures to Ease Processing Times

    Just as the Biden Administration is proposing increased funding for USCIS to help reduce the agency’s backlog, USCIS is announcing  future new actions to improve processing times. USCIS: Plans to expand staffing, improve its technology, and establish new internal cycle time goals (the amount of time it takes to process a typical case). As the... Continue Reading
    March 29, 2022
  • Temporary Policy for Expired List B Identity Documents to End

    As of May 1, 2022, employers can no longer accept expired List B documents for Form I-9 Employment Eligibility Verification purposes, and any expired List B documents that were previously accepted must be updated by July 31, 2022. Allowing employees to present these expired documents was a temporary policy instituted by the Department of Homeland... Continue Reading
    March 23, 2022
  • Work Authorization for Spouses Possible If Specifically Designated in I-94 Record at Border

    As of January 31, 2022, spouses entering the United States in L-2 or E status may be able to obtain work authorization at the border by asking Customs and Border Protection (CBP) to give them a “spousal” designation in their I-94 record. Because USCIS has not issued “official” guidance on this yet, requesting the designation... Continue Reading
    February 4, 2022
  • Time to Get Ready for FY 2023 H-1B Cap Season

    USCIS has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022. If enough registrations to fill the cap are received by March 18 (which is likely), USCIS will randomly select registrations and send selection notifications through users’ myUSCIS online accounts.... Continue Reading
    January 31, 2022
  • Will Reopening of Social Security Administration Offices Ease E-Verify No-Match Backlogs?

    The Social Security Administration (SSA) has reached an agreement with three of its unions on its COVID-19 re-entry plan. SSA offices have been essentially closed to the public since March 2020. That affected SSA’s ability to resolve E-Verify Tentative Nonconfirmations (TNCs) due to a no-match between a person’s name and Social Security Number. The result... Continue Reading
    January 27, 2022
  • ICE: I-9 Flexibility to Continue Through April 2022

    ICE has announced it will extend I-9 flexibility until April 30, 2022, due to continuing precautions related to COVID-19. The guidance remains the same: Employees who work exclusively in a remote setting due to COVID-19 continue to be temporarily exempt from the in-person requirements associated with Form I-9 Employment Eligibility Verification, until they start working at a... Continue Reading…
    December 23, 2021
  • ICE: I-9 Flexibility to Continue Through April 2022

    ICE has announced it will extend I-9 flexibility until April 30, 2022, due to continuing precautions related to COVID-19. The guidance remains the same: Employees who work exclusively in a remote setting due to COVID-19 continue to be temporarily exempt from the in-person requirements associated with Form I-9 Employment Eligibility Verification, until they start working... Continue Reading
    December 17, 2021

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