Immigration Compliance

On September 15, 2020, Immigration and Customs Enforcement (ICE) announced that employers have an additional 60-day extension to the flexibilities in rules related to Form I-9 completion.  This extension relates to the relaxation of the requirement to defer the in-person, physical inspection of new hires’ identity and employment eligibility documentation. Initially granted in March, ICE has issued several extensions, with the latest one now set to expire on November 19, 2020.  ICE previously granted 30-day extensions, but likely offered this longer time frame due to the ongoing COVID-19 pandemic.
Continue Reading ICE Stays the Course and Extends I-9 Flexibility

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

The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one entitled, “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (“EO” or “Executive Order”). The new EO focuses on federal contractors (and their subcontractors) who employ H-1B and other nonimmigrant foreign workers. While the Executive Order itself imposes no new entry or other immigration restrictions, it instructs the Department of Labor (“DOL”), Department of Homeland Security (“DHS”), and other agencies and departments to take steps that undoubtedly will lay the groundwork to limit H-1B employment in the near future.
Continue Reading Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

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


On June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) once again announced a 30-day extension of flexibility for the remote completion of Form I-9 (Employment Eligibility Verification), and a dispensation from the usual rule requiring an in-person review of original documents of an employee’s identity and employment eligibility within three days of hire. The flexibility now runs until July 18th.
Continue Reading ICE Extends Virtual I-9 Flexibility for 30 Days: Announcement Does Not Address Increasing Employer Questions

On May 14, 2020, Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance, initially granted on March 20. The ICE notice extends the ability for employers to conduct Form I-9 completions virtually/remotely, for an additional 30 days, or until June 18. The guidance provides an alternative – for a time – to “in-person” I-9 document review in light of precautions necessitated by COVID-19. With the rules relaxed, Section 2 verification or Section 3 reverification can be virtually completed via an online meeting (Skype, Zoom, FaceTime etc.), email, or fax, provided employers retain copies of the documents, and complete the Form I-9 within three business days of an employee starting work. In the original announcement, the Department of Homeland Security (DHS) stated that the virtual/remote process was not available to employers where employees were physically present at a work location. DHS also requires employers availing themselves of this discretion to review the employee’s identity and employment authorization documents in the employee’s presence, once normal operations resume, making the flexibility not so flexible and very time consuming in practice. The process of having to virtually check documentation, and then recheck in person within a tight time frame, has been unworkable for many employers.
Continue Reading ICE Announces Further Extension of Flexibility in Form I-9 Rules

As employers consider whether it is safe for employees to return to work, busy in-house counsel and HR leaders need I-9 and E-Verify answers.  U.S. Immigration and Customs Enforcement (ICE) and US Citizenship and Immigration Service (USCIS) have temporarily allowed virtual I-9 completion procedues in place of the in-person verification of employment eligibility, but are