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Cross Border Employer Blog

Posts by Davis C. Bae

A federal judge recently struck down the Trump administration’s recent efforts to significantly restrict the Deferred Action for Childhood Arrivals (DACA) program, which provides protection from deportation for approximately 700,000 young immigrants who were brought to the U.S. as children and no longer have lawful immigration status. However, federal immigration officials have not yet begun complying with the decision, leaving the country in a state of temporary limbo. What do employers need to know about this development?

Federal immigration officials announced on November 18 that the relaxed rules for completing I-9 forms has been extended until December 31, 2020. Officials also recently issued guidance that should further help employers navigate these unprecedented times. What do employers need to know about these developments?

Beginning on October 1, 2017, United States Citizenship and Immigration Services (USCIS) will start phasing in the requirement for an in-person interview for anyone obtaining employment-based permanent residency.  For almost the past 20 years, interviews of employment-based applications were generally waived as there was little value that local adjudication added to the process.

United States Citizenship and Immigration Services (USCIS) announced earlier this week that it received 199,000 H-1B petitions for the FY 2018 H-1B cap. As usual, this far exceeds the total allocation of 65,000 general-category H-1B visas and the 20,000 advanced degree exemption H-1B visas for the FY2018 cap. However, this number represents a 15.7 percent decrease from the 236,000 petitions that USCIS received during last year’s filing period. It also represents the first time the number didn’t rise since 2013, demonstrating that employers are beginning to re-think their use of foreign skilled labor, most likely because of the administration’s pointed comments about immigration matters. 

The U.S. Citizenship and Immigration Services (USCIS) released the new form I-9 dated November 14, 2016.  Although you may accept the prior version of the Form I-9 for the next two months, you will be required to use this new form starting January 21, 2017.

Tags: I-9

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