ICE Extends Form I-9 Requirement Flexibility

May 15, 2023 | Immigration Updates

U.S. Immigration and Customs Enforcement (ICE) announced on May 4, 2023, that employers will have 30 days to comply with Form I-9, Employment Authorization Verification, requirements after the COVID-19 flexibilities sunset on July 31, 2023. ICE is encouraging employers to plan ahead to complete all required physical inspections of identity and employment eligibility documents by August 30, 2023.

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December 2022 Visa Bulletin – Update

On Thursday, November 17th, U.S. Citizenship and Immigration Services (USCIS) confirmed that it will honor the State Department’s Date for Filing chart from the State Department’s December 2022 Visa Bulletin. The December 2022 Visa Bulletin was released late in the monthly cycle which may be a sign that USCIS and State Department were wrestling with challenges internally before issuing this month’s Visa Bulletin. Most notably, the December Visa Bulletin introduces a final action priority date of November 1, 2022 for EB-2 “All Other Countries.” This restriction, also in place for dates for filing, for the EB-2 classification for “All Other Countries” this early in the government’s fiscal year may linger and may further challenge green card timelines for applicants previously planning to concurrently submit their I-140 Immigrant Petitions with their I-485 Adjustment of Status Applications. Lastly, the further retrogression for India EB-2 final action date (now October 8, 2011) will result in continued lengthy adjudication timelines for this category. Dates for Filing: Notes Family Based Information: USCIS to honor Dates for Filing chart for family-based applicants in December 2022. Please refer to the State Department’s full Visa Bulletin for further details available here.

Immigration Update

In this edition, read about a new ruling on DACA applications, challenges faced by the USCIS due to pandemic backlogs, and the Justice Department settling a retaliation claim. New DACA Applications Blocked by Federal Judge New Deferred Action for Childhood Arrivals (DACA) applications will not be allowed under a ruling by a U.S. district judge in Texas on July 16, 2021. The judge ruled that DACA violated the Administrative Procedure Act but temporarily stayed his ruling for the nearly 650,000 current DACA recipients, referred to as “Dreamers.” Current DACA recipients may seek renewal of their authorization to remain and work in the United States. Tech companies, including Twitter, Google, Microsoft, and Adobe, expressed their disappointment with the ruling and urged Congress to protect the program. President Biden echoed those comments and said the U.S. will appeal the ruling, noting that it “relegates hundreds of thousands of young immigrants to an uncertain future.” He said it was his “fervent hope” that Congress would pass legislation to provide a permanent status for DACA recipients. Details: Statement by DHS Secretary Mayorkas on DACA Ruling, July 17, 2021, https://www.dhs.gov/news/2021/07/17/statement-secretary-mayorkas-daca-ruling Back to Top No Surprise: Ombudsman’s Annual Report Says USCIS Faces ‘Unprecedented Challenges’ Due to Pandemic, […]