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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 […]

As of Monday, December 7, 2020, pursuant to federal court order, the U.S. Citizenship & Immigration Services (USCIS) has begun accepting both new and renewal DACA applications as well as applications for advance parole based on DACA per the policy in effect prior to September 5, 2017. Moreover, the USCIS will be extending grants of deferred action […]

The U.S. Department for Homeland Security (DHS) has announced the automatic extension of the validity of Employment Authorization Documents (EADs) to October 4, 2021, for citizens of El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal with Temporary Protected Status (TPS).   The Trump Administration has sought to terminate the TPS Program for these countries, recently winning a case […]

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 […]