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Amy L. Peck Blog Posts

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USCIS Reminder: 10-Year-Old E-Verify Records Will be Deleted

USCIS announced that on May 14, 2021, it will dispose of 10 years of records dated on or before December 31, 2010, from its Historic Records Report. Employers that use E-Verify have until May 14, 2021, to download case information they wish to retain. This is not a new procedure, USCIS has been disposing of... Continue Reading
February 19, 2021

USCIS Announces Opening of H-1B Cap Season

USCIS has announced that the Cap H-1B Electronic Registration will open on March 9, 2021 at noon EST and will close on March 25, 2021 at noon EST. The process will mirror last year’s process. USCIS also announced its timetable – 1) it intends to notify registrants and representatives regarding selection by March 31, 2021,... Continue Reading
February 8, 2021

Biden Directs Review of Immigration Policies, Seeks to Reduce Unnecessary Barriers

On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs complete review of policies. The first, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” is... Continue Reading
February 3, 2021

Temporary Flexibility for I-9 Compliance Extended Again

Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021. This means that: Employers may continue to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email). The flexibility applies only to employers with... Continue Reading…
January 29, 2021

Temporary Flexibility for I-9 Compliance Extended Again

Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021. This means that: Employers may continue to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email). The flexibility applies only to employers with... Continue Reading
January 29, 2021

Biden Administration Announces Travel Restrictions Due to COVID-19 and Related Variants

The Biden administration announced that restrictions on travel known as the “14-Day Rules” will remain in effect, despite former President Trump’s decision to terminate some of them. These rules restrict entry by most non-U.S. citizens and non-Green Card holders from China, Iran, the United Kingdom, Ireland, Brazil and the 26 Schengen Zone countries.  While there... Continue Reading
January 26, 2021

USCIS Issues Final Rule on Modification of H-1B Cap Selection Process

USCIS has released its final rule on the modification of the H-1B cap selection process (“Modification Rule”) to prioritize petitions with the highest wage levels in the Federal Register. Unless the Biden administration decides to delay or freeze the new rule, the rule will become effective on March 9, 2021 (60 days from publication), in... Continue Reading
January 11, 2021

DHS Announces New Procedure for DACA Recipients

On January 4, 2021, DHS announced that for I-9 purposes, Deferred Action for Childhood Arrivals (DACA) recipients may present an unexpired Employment Authorization Document (EAD) with Code C33 issued on or after July 28, 2020, along with an I-797 Extension Notice that shows an additional one-year extension. This new procedure is in response to a... Continue Reading…
January 5, 2021

DHS Announces New Procedure for DACA Recipients

On January 4, 2021, DHS announced that for I-9 purposes, Deferred Action for Childhood Arrivals (DACA) recipients may present an unexpired Employment Authorization Document (EAD) with Code C33 issued on or after July 28, 2020, along with an I-797 Extension Notice that shows an additional one-year extension. This new procedure is in response to a... Continue Reading
January 5, 2021

Six Changes in DHS, ICE Created by COVID-19 Pandemic

The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have allowed some flexibility due to the COVID-19 pandemic. Here are some of the changes in effect: Virtual Inspection Since March 2020, employers may inspect Section 2 documents virtually, e.g., over video link, by fax, or by email. This policy applies only to... Continue Reading…
December 21, 2020

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