U.S. Immigration Updates- Week of October 24, 2022

USCIS Extends COVID-19 Related Flexibilities Through January 24, 2023

U.S. Citizenship and Immigration Services (USCIS) is extending certain COVID-19-related flexibilities through January 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:

· Requests for Evidence;

· Continuations to Request Evidence (N-14);

· Notices of Intent to Deny;

· Notices of Intent to Revoke;

· Notices of Intent to Rescind;

· Notices of Intent to Terminate regional centers;

· Notices of Intent to Withdraw Temporary Protected Status; and

· Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

· The form was filed up to 90 calendar days from the issuance of a decision USCIS made; and

· USCIS made that decision between Nov. 1, 2021, and Jan. 24, 2023, inclusive. As a reminder, the reproduced signature flexibility announced in March 2020 became permanent policy on July 25, 2022.

SOURCE: USCIS Newsroom, October 24, 2022: https://www.uscis.gov/newsroom/alerts/uscis-extends-covid-19-related-flexibilities-0

 

DHS Extends Form I-9 Requirement Flexibility Effective November 1, 2022

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.

This temporary guidance was set to expire October 31, 2022. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibilities until July 31, 2023. See the original ICE news release from March 20, 2020, for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9. Please also consult ICE’s guidance for clarification on this provision.

Employers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020. Employers must monitor DHS’ and ICE’s Workforce Enforcement announcements about when the extensions end and normal operations resume.

E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire.

SOURCE: USCIS, I-9 Central, Form I-9 Related News, October 19, 2022: https://www.uscis.gov/i-9-central/form-i-9-related-news/dhs-extends-form-i-9-requirement-flexibility-effective-november-1-2022

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