DHS Says Employers Should Continue to Use Current I-9 Form

The Department of Homeland Security (DHS) alerted employers on October 11, 2022, that they should continue using the current Form I-9, Employment Eligibility Verification, even after its October 31, 2022, expiration and “until further notice.” DHS said it will publish a Federal Register notice to announce the new I-9 form when it becomes available.

SOURCE: ABIL Immigration Insider, October 16, 2022; and https://bit.ly/3S3W4ML


ICE Announces I-9 Flexibility Extension

U.S. Immigration and Customs Enforcement announced an extension until July 31, 2023, of the Form I-9 flexibilities first announced in March 2020. The flexibilities include DHS’s deferral of physical presence requirements applicable to employers and workplaces operating remotely.

SOURCE: ABIL Immigration Insider, October 16, 2022; and https://www.ice.gov/news/releases/ice-announces-extension-i-9-compliance-flexibility-3


DOL Issues Final Rule on Temporary Labor Certification Regulations

The Department of Labor (DOL) published a final rule on October 12, 2022, that revises its regulations governing the certification of employment of nonimmigrant workers in temporary agricultural employment and the enforcement of obligations applicable to employers of H-2A workers and similarly employed workers in the United States.

After consideration of comments received in response to the proposed rule, the Department separated the proposals into two rules. This first rule encompasses almost all of the proposed rules except the adverse effect wage rate (AEWR) methodology. The second will address changes to the AEWR methodology.

The final rule addresses minimum standards and conditions of employment that employers must offer to workers; expands DOL’s authority to use enforcement tools, such as program debarment for substantial violations of program requirements; modernizes the process by which the Department receives and processes employers’ job orders and applications for temporary agricultural labor certifications, including the recruitment of U.S. workers; and revises the standards and procedures for determining the prevailing wage rate.

SOURCE: ABIL Immigration Insider, October 16, 2022; and https://www.govinfo.gov/content/pkg/FR-2022-10-12/pdf/2022-20506.pdf

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