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Amy L. Peck Blog Posts

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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

DHS Announces Extension of TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua, Sudan

The Department of Homeland Security (DHS) announced a further extension of status and work authorization until October 4, 2021, for Temporary Protected Status (TPS) beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan on December 9, 2020. TPS allows individuals to remain in the U.S. because of disease, natural disaster, or conflict in their... Continue Reading
December 9, 2020

Judge Strikes Down Administration Rules Restricting Employers’ Use of Visas

On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B and PERM visa programs. In Chamber of Commerce of the United States v. United States Department of Homeland Security, Judge White... Continue Reading
December 2, 2020

Judge Strikes Down Administration Rules Restricting Employers’ Use of Visas

On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B and PERM visa programs. In Chamber of Commerce of the United States v. United States Department of Homeland Security, Judge... Continue Reading…
December 2, 2020

Judge Strikes Down Administration Rules Restricting Employers’ Use of Visas

On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B and PERM visa programs. In Chamber of Commerce of the United States v. United States Department of Homeland Security, Judge... Continue Reading
December 2, 2020

USCIS Allows Continued Use of Approval Notices to Show Employment Authorization

Along with extending its flexibility in allowing virtual Form I-9 employment verification until December 31, 2020, USCIS is also continuing its flexibility with regard to long-pending Employment Authorization Document (EAD) applications. USCIS expected that this interim solution would only be necessary through December 1, 2020, but the delays in producing EAD cards have continued. As... Continue Reading
November 25, 2020

USCIS Allows Continued Use of Approval Notices to Show Employment Authorization

Along with extending its flexibility in allowing virtual Form I-9 employment verification until December 31, 2020, USCIS is also continuing its flexibility with regard to long-pending Employment Authorization Document (EAD) applications. USCIS expected that this interim solution would only be necessary through December 1, 2020, but the delays in producing EAD cards have continued. As... Continue Reading…
November 25, 2020

Temporary Flexibility for I-9 Compliance Extended Through December 31, 2020

Once again, just as it was about to expire, ICE has announced a further extension of flexibility in its rules related to Form I-9 compliance. This time, the extension will continue through December 31, 2020. Employers will be able to continue to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or... Continue Reading
November 19, 2020

Improper Appointment of Acting DHS Head Invalidates Rollback of DACA Program, Court Rules

Federal District Judge Nicolas G. Garaufis struck down the Administration’s most recent attempt to limit the Deferred Action of Childhood Arrivals (DACA) program. He held that the Acting Secretary of Homeland Security, Chad Wolf, had not been properly appointed and therefore, his recent rollback of DACA was invalid. Rules regarding appointment and succession are meant... Continue Reading
November 19, 2020

Temporary Flexibility for Employer I-9 Compliance to End November 19, ICE Announces

U.S. Immigration and Customs Enforcement (ICE) has been flexible about how to complete Form I-9 employment verification due to the COVID-19 pandemic, allowing companies working remotely to inspect documents virtually (e.g., over video link, fax, or email) since March 2020. The period of flexibility has been extended over and over and is now scheduled to... Continue Reading
November 4, 2020

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