On August 3, 2023, the Department of Homeland Security (DHS) published a notice in the Federal Register seeking comments on a potential pilot program to allow employers not enrolled in E-Verify to harness remote examination procedures for the Form I-9, Employment Eligibility Verification. Background DHS’s recent actions are built upon a series of moves aimed... View Article
On October 11, the Department of Homeland Security (DHS) announced a further extension of the flexibilities on Form I-9 compliance requirements that have been in place since the onset of the COVID-19 pandemic. The guidance was set to expire October 31, but has now been extended through July 31, 2023. The guidance will continue to... View Article
On August 18, the Department of Homeland Security (DHS) published in the Federal Register its anticipated Notice of Proposed Rulemaking (NPRM) on optional alternative examination practices for employers when reviewing an individual’s identity and employment authorization documents required by the Form I-9, Employment Eligibility Verification. Interested stakeholders can submit comments on the NPRM through October... View Article
When August arrives, Congress leaves D.C. and heads to their home districts for the annual August recess period. To keep CUPA-HR members apprised of recent and future actions on the Hill and in federal agencies, here are highlights of the latest actions by Congress, nominations they’ll have to consider when they return, and regulations that... View Article
On December 10, the Biden administration issued the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with insights on what various federal agencies expect to work on in terms of regulatory activity in the near- and long-term. In an effort to keep members apprised of upcoming noteworthy regulatory actions,... View Article
On December 15, the Department of Homeland Security (DHS) announced a further extension of the flexibilities on Form I-9 compliance requirements that was initially granted last year. The guidance, which was slated to expire on December 31, 2021, has been extended through April 30, 2022. The guidance will continue to allow for remote inspection of... View Article
On December 13, CUPA-HR and ten other higher education associations sent a letter to United States Citizenship and Immigration Services (USCIS) Director Ur Jaddou requesting the Department of Homeland Security (DHS) extend its previously announced flexibilities on Form I-9 compliance requirements through June 30, 2022. The guidance, which has been extended continuously since March 2020... View Article
On October 26, 2021, the Department of Homeland Security (DHS) issued a Request for Public Input (RPI) “seeking comments from employers, employer organizations, employee groups, and other members of the public on document examination practices for Form I-9, Employment Eligibility Verification.” The RPI is the agency’s next step in determining whether the remote document examination... View Article
Yesterday, the Department of Homeland Security (DHS) announced a further extension of the flexibilities on Form I-9 compliance requirements that was initially granted last year. The guidance, which was slated to expire on August 31, 2021, has been extended through December 31, 2021. The guidance will continue to allow for remote inspection of Form I-9... View Article
Over the past two months there have been several important actions on immigration policy. Below we provide brief summaries of the activity. USCIS Resumes Premium Processing in Phases for Forms I-129 and I-140 On May 29, U.S. Citizenship and Immigration Services (USCIS) announced it will resume premium processing in phases for Forms I-129 and eligible... View Article
This past spring, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced temporary flexibility in complying with Form I-9 requirements. While the initial extension deadline was set for mid-June, DHS has again extended its policy due to continued precautions related to COVID-19. The temporary change provides Form I-9 flexibility through... View Article
On April 27, the United States Citizenship and Immigration Services (USCIS) made significant updates to the Handbook for Employers: Guidance Completing Form I-9. The handbook is a valuable resource for employers regarding questions on I-9 completion and compliance and addresses many commonly asked questions by employers. The updates to the handbook are effective immediately and... View Article
This blog was contributed by Aaron Blumberg and Patrick Shen of Fragomen Government Strategies and Compliance Group. The COVID-19 public health crisis has compelled the United States and many countries to implement travel restrictions and quarantines. This raises severe immigration-related operational and regulatory compliance concerns, especially for colleges and universities who have highly diverse international... View Article
I-9 Reciprocal Processing Consortium CUPA-HR is pleased to provide this platform for CUPA-HR members to assist one another in the timely processing of I-9s. We are not responsible for the timeliness or accuracy of I-9 processing by any Consortium member. It is the responsibility of each Consortium member to follow the instructions for using the... View Article
Members OnlyThe U.S. Citizenship and Immigration Services developed the Form I-9 pursuant to the passage of the Immigration Reform and Control Act of 1986 (IRCA). The Act requires all employers to verify the identity of newly hired employees and that they are eligible to work in the United States. Accordingly, every individual, both citizen and noncitizen, must complete... View Article