The End of COVID-19 I-9 Flexibilities
The U.S. Department of Homeland Security (DHS) announced it will end COVID-19 flexibilities for Form I-9 on July 31, 2023. The COVID-19 I-9 flexibilities allowed for remote verification of employment eligibility documents when employees were out of the office due to COVID precautions. These special provisions required employer to conduct an in-person inspection of documents once employees came back to the office. Going forward, all employers will be required to verify new hires in-person. DHS will provide employers with a 30-day grace period following the program's expiration to comply with the in-person identity and work authorization document verification requirement. Thus, employers have until August 30, 2023 to perform all required inspection for employees hired on or after March 20, 2020 who have only received virtual/remote I-9 verification.
E-Verify Is Now Mandatory in Florida
Starting July 1, the State of Florida requires private employers with at least 25 employees to use E-Verify to check the employment eligibility of any new hires. E-Verify is an Internet-based system operated by DHS that allows participating employers to electronically verify the employment eligibility of new employees after completing the I-9 form. Prior to the passage of this law, Florida only required E-Verify for public employers and private employers who had contracts with state and local governments or who received state incentive funds. Other states, including Utah, Tennessee, South Carolina, North Carolina, Mississippi, Georgia, Arizona, and Alabama already require that most or all employers use E-Verify.
The New PERM Form Has Arrived
The new Application for Permanent Employment Certification (PERM) ETA 9089 form has finally been introduced by the U.S. Department of Labor for the Permanent Labor Certification Program. This updated form includes several revisions and clarifications to enhance the efficiency and accuracy of the labor certification process for employers seeking to hire foreign workers for permanent employment in the United States. This is the first update to the form since its initial rollout in March 2005, and we anticipate an adjustment period as the Department of Labor and the business immigration community transition to the new format and platform.
Travel to Cuba Impacts ESTA Travel
On January 12, 2021, the Secretary of State designated Cuba as a State Sponsor of Terrorism, making individuals who have been present in Cuba on or after this date ineligible for travel under the Visa Waiver Program (VWP). Individuals who hold dual citizenship with a VWP country and Cuba are also ineligible to travel using the VWP. On July 6, 2023, the DHS updated the ESTA application form and ESTA mobile app to reflect these changes. If an impacted individual has an approved ESTA, the approved ESTA will be revoked and they will receive a notification regarding the change of their ESTA status. Anyone subject to the new designation will need to apply for a nonimmigrant visa at a U.S. embassy or consulate if they wish to travel to the United States.
Make Sure Your Visa Is Still Valid
Any U.S. nonimmigrants traveling internationally must ensure that they possess a valid, unexpired U.S. visa before returning to the United States. All nonimmigrants should make sure to book visa renewal appointments well in advance of travel. It's important to note that while some are now eligible for interview waivers, these waivers are not guaranteed, and sometimes the interview waiver process takes more than a month to complete.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
