Immigration and Customs Enforcement

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By: Weijia (Victoria) Ma, Jake Campbell, Michelle Gergerian

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration:

1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form

On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices. Instead of calling the USCIS Contact Center, individuals can use the online appointment request form to request an in-person appointment at a field office for ADIT stamps, Emergency Advance Parole, and more. However, it is important to note that the requested date and time cannot be guaranteed. USCIS will review the online appointment request form and schedule the individual for an in-person appointment date based on the local field office’s availability.Continue Reading September 2023 U.S. Immigration Alert

By: Dawn M. Lurie

Seyfarth Synopsis: On April 25, ICE announced its 13th extension, this time for a six-month period (until October 31, 2022), of the I-9 compliance flexibility rules relating to Form I-9. There is no substantive change in this extension of the policy, allowing for the “in-person” exemption (of identity and work authorization document review), benefiting certain employees and offering flexibility for companies that are phasing back in employees. While we are confident that the government is considering a permanent virtual option, we continue to advise employers to work under the assumption that anyone initially verified using the virtual flexibility will be required to conduct an in-person update as employees return to the workplace, especially in cases where identity was not verified (i.e. those that used the fax/email option). 

Lucky #13 – Extension of the COVID I-9 Flexibility

In a thirteenth extension, ending on Halloween 2022, U.S. Immigration and Customs Enforcement (ICE) posted an unprecedented (it’s been a while since I said that word) six (6) month extension of the flexibilities in rules related to Form I-9 compliance, initially granted in March 2020. These flexibilities are now extended until October 31, 2022.  The posting on the website is a bit confusing, as it just updates the December 2021 announcement, and includes an alert attached to the top of the page which indicates the new deadline.

ICE’s announcement affirms that employers who are taking COVID-19 related precautions and offering working in remote or hybrid environments, may continue inspecting I-9 documents virtually for newly hired employees as well as for reverification of work authorizations.  See our prior blog for the guidance and discussion on its forward-facing application, noting that ICE will evaluate a company’s situation “on a case-by-case basis” should a company have used virtual without the workforce being 100% remote from March 20, 2020 to March 31, 2021. Given the confusion and lack of guidance surrounding the directive, we remain optimistic that the government will show leniency for early misunderstandings and misapplications of the original policy.Continue Reading Trick or Treat: I-9 Flexibilities Extended until October 31, 2022

By: Dawn M. Lurie

two green leaves on white cardboard boxesSeyfarth Synopsis: ICE announces an extension to I-9 compliance flexibility rules relating to Form I-9 compliance that was initially granted in March of 2020 at the onset of COVID-19.  It continues to allow for the “in-person” exemption (of identity and work authorization document review) benefiting certain …
Continue Reading Early Holiday Present From ICE: I-9 Flexibilities Extended to April 30, 2022

Late in the day, on May 26, Immigration and Customs Enforcement (ICE) announced a 90-day extension for remote Form I-9 inspection, allowing flexibilities to continue through August 31, 2021.

While the U.S. appears to have turned a corner in the fight against COVID-19, most companies have yet to formulate and implement back to work policies. Thank you to ICE and US Citizenship and Immigration Services (USCIS), for allowing these employers to head into the holiday weekend without having to worry about the fate of this anticipated extension.  And thank you for the 90 days, rather than the shorter 30 or 60-day extensions issued previously.

The Devil is in the Details

It would not be a exciting blog post, if we didn’t have something interesting to point out. The ICE announcement includes two confusing items:
Continue Reading Nothing “new” Other Than a 90 day Extension of Virtual I-9s

Seyfarth Synopsis:  The U.S. announced on April 30, 2021 that most travel from India will be restricted effective May 4, 2021, due to rising COVID-19 infections in India.

On April 30, 2021, White House Press Secretary Jen Psaki announced that following advice from the Centers for Disease Control and Prevention…
Continue Reading United States Announces Forthcoming Expansion of Travel Restrictions to Include India

On August 18, 2020, Immigration and Customs Enforcement (ICE) announced that employers have an additional 30-day extension to the flexibilities in rules related to Form I-9 compliance. This relaxation of the requirement to defer the in-person, physical inspection of new hires’ identity and employment eligibility documentation was initially granted in March and will now expire on September 19, 2020. 
Continue Reading The 2020 Summer Defrost Continues: ICE Extends I-9 Flexibility

Posting early morning on July 20, but dated July 18, Immigration and Customs Enforcement (ICE) confirmed that employers have an additional 30-day extension to the flexibilities in rules related to Form I-9 compliance. This relaxation of the requirement to physically inspect all new hires’ identity and employment eligibility documentation was granted earlier this year, extended in May, and in June. The expiration date for these accommodations is now August 19, 2020.
Continue Reading Better Late Than Never: ICE Announces Another Extension to I-9 Compliance Flexibility

As of early Friday morning, July 17, there’s been no announcement by Immigration and Customs Enforcement (ICE) confirming whether it will continue the flexibility granted in the Form I-9 process, temporarily suspending the in-person physical inspection requirement.  ICE originally announced the relaxation on March 20, as employers were beginning to grapple with COVID-19 work-from-home and shelter-in-place orders. The initial guidance allowed companies to review “Section 2 documents remotely (e.g., over video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents within three business days for purposes of completing Section 2.” The relaxation of this requirement was extended through Sunday, July 19. Employers who have been using the virtual process, and will need to switch gears over the weekend, are getting very nervous.   
Continue Reading Still No Word From ICE On Virtual I-9s

The Trump administration, in response to a lawsuit filed by Harvard University and Massachusetts Institute of Technology, as well as several other suits, agreed to rescind its surprise Immigration and Customs Enforcement (ICE) directive. We previously blogged about ICE’s Student and Exchange Visitor Program (SEVP) July 6th announcement, prohibiting foreign students from studying in the United States where their colleges and universities had canceled in-person class instruction.
Continue Reading Trump Administration Defrosts ICE’s International Student Directive

This blog was updated on July 8th to reflect the Harvard and MIT lawsuit against the Department of Homeland Security and Immigration and Customs Enforcement. 

U.S. Immigration and Customs Enforcement (ICE) announced a policy change on July 6 that will substantially disrupt higher education for the fall semester. This major change in policy was issued without any opportunity for notice and comment by the public.

Despite the resurgent COVID-19 pandemic, ICE announced that it will no longer continue to allow 100% online studies programs for F-1 (academic) and M-1 (vocational) students. ICE has directed international students who presently participate in 100% online studies programs must either (1) transfer to an ICE-approved educational institution that allows hybrid (online and in-person) or fully on-campus, in-person courses, or (2) leave the U.S. or (3) remain in the U.S. without the underlying support of the school and suffer the possible initiation of removal (deportation) proceedings. ICE also indicated that it would publish a temporary or interim final regulation to a similar effect.
Continue Reading ICE Gives the Cold Shoulder to Foreign Students