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Foster first reported in March of 2020 that the Department of Homeland Security (DHS) was providing flexibility to employers in completing the Form I-9, allowing employee documents presented in connection with the Form I-9 review process to be examined remotely (e.g., via video link, fax, or e-mail, etc.) rather than in the employee’s physical presence. This was permitted under certain circumstances for employers with employees […]

United States Citizenship and Immigration Services (USCIS) has recently confirmed the agency is still experiencing delays of several weeks in issuing receipt notices for petitions and applications filed with its “lockbox” centers due to COVID-19 protocols and increased filings.  USCIS contracts with third parties to receive various filings at these lockbox locations, and these contractors are responsible for collecting filing fees on […]

The Department of Homeland Security (DHS) has recently announced a rulemaking proposal that would permit biometric data collection at all U.S. port of departures. Since 2004, the U.S. has collected biometric data from certain foreign nationals entering the country through U.S. Customs and Border Protection (CBP) air, sea, and land per locations. However, to date, there is not a comprehensive system in place to collect biometric […]

On Monday, November 30, 2020, the U.S. District Court for the District of Columbia issued an order that upholds U.S. Department of Homeland Security rules providing F-1 Optional Practical Training (OPT) work authorization eligibility for F-1 students and 24-month STEM OPT extensions of work authorization for F-1 students who graduated from qualifying STEM degree […]