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Amy L. Peck Blog Posts

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ICE: I-9 Flexibility to Continue Through 2021

Once again, at the last moment, ICE has extended “flexibility” for I-9 employment verification. This time, for four more months, until the end of the year, December 31, 2021, due to continuing COVID-19 precautions. Employees hired on or after April 1, 2021, who work exclusively in a remote setting are temporarily exempt from the physical... Continue Reading…
September 1, 2021

ICE: I-9 Flexibility to Continue Through 2021

Once again, at the last moment, ICE has extended “flexibility” for I-9 employment verification. This time, for four more months, until the end of the year, December 31, 2021, due to continuing COVID-19 precautions. Employees hired on or after April 1, 2021, who work exclusively in a remote setting are temporarily exempt from the physical... Continue Reading
September 1, 2021

Illinois Adds Protection for Dreamers, Other Non-U.S. Citizens to State’s Human Rights Act

Illinois has amended the Illinois Human Rights Act to make “work authorization status” a protected category. The amendment, Public Act 102-0233, became effective immediately upon the governor’s signing in early-August. Under the amendment, “work authorization status” is defined as the status of a person born outside of the United States, and not a U.S. citizen,... Continue Reading
August 27, 2021

Tougher E-Verify Enforcement

E-Verify is moving toward tougher enforcement, which can result in a temporary termination from participation in the E-Verify program. Early in the COVID-19 pandemic, E-Verify relaxed some of its standards regarding Tentative Nonconfirmation (TNCs). But, by November 2020, E-Verify stopped allowing extensions and began enforcing its usual timing requirements. Employers receiving a TNC must notify... Continue Reading
August 19, 2021

Tougher E-Verify Enforcement

E-Verify is moving toward tougher enforcement, which can result in a temporary termination from participation in the E-Verify program. Early in the COVID-19 pandemic, E-Verify relaxed some of its standards regarding Tentative Nonconfirmation (TNCs). But, by November 2020, E-Verify stopped allowing extensions and began enforcing its usual timing requirements. Employers receiving a TNC must notify... Continue Reading…
August 19, 2021

USCIS Makes More Cap-Subject H-1B Selections, Technical Problems in Notice Access

USCIS made more random Cap H-1B selections on July 28, 2021. Notifications started to go out today – July 29, 2021. Due to a glitch in the USCIS system, attorneys do not yet have access to the notices (although some employers do). USCIS is aware of this technical problem and is working to resolve it.... Continue Reading
July 29, 2021

Judge Again Finds DACA Program Illegal, Blocks New Applications, Allows Renewals

The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al. Judge Hanen issued an injunction preventing the Department of Homeland Security (DHS) from accepting new DACA applications. However, recognizing the substantial reliance interests involved, he allowed... Continue Reading
July 20, 2021

Judge Again Finds DACA Program Illegal, Blocks New Applications, Allows Renewals

The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al. Judge Hanen issued an injunction preventing the Department of Homeland Security (DHS) from accepting new DACA applications. However, recognizing the substantial reliance interests involved, he allowed... Continue Reading…
July 20, 2021

Supreme Court Rules on Noncitizens Granted Temporary Protected Status

In Sanchez v. Mayorkas, 593 U.S. ____(June 7, 2021), the U.S. Supreme Court resolved the circuit split on whether a grant for temporary protected status (TPS) authorizes eligible noncitizens to adjust status to lawful permanent resident even if they entered the United States unlawfully – the Court held that it does not. Previously, courts in... Continue Reading
June 7, 2021

ICE Announces I-9 Flexibility Will Continue through the Summer

ICE announced that I-9 flexibility will be extended again – this time through the whole summer until August 31, 2021. Since March 2020, companies that have been operating remotely have been able to inspect Section 2 Form I-9 documents virtually, over video link, by fax or via email. In April 2021, the Department of Homeland... Continue Reading
May 27, 2021

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