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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 under certain circumstances for employers with employees taking […]
On August 19, 2020, in response to a lawsuit challenging the delayed production and delivery of Employment Authorization Document (EAD) cards, U.S. Citizenship and Immigration Services (USCIS) entered into a consent decree allowing employers to temporarily accept certain approval notices for an Application for Employment Authorization (Form I-765) for Form I-9 employment eligibility verification purposes in lieu of the actual physical card. Specifically, when completing Form I-9, employers will be allowed to […]
On Monday, July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9, Employment Eligibility Verification. After September 17, 2017, the prior version of Form I-9 with revision date of 11/14/16 N will no longer be acceptable for use. The new Form I-9 is available on the USCIS I-9 central […]
A recent Fifth Circuit decision has given hope to employers, at least those in the Fifth Circuit, with Forms I-9 completed before 2013 in some remote hire situations. The Fifth Circuit acknowledged that the Form I-9 is confusing, and to be fair, employers must be provided clear instructions on how […]
