At Brown Immigration Law, we strive to be your company's partner in growth and innovation, on a global scale. We continue our commitment to demystifying the complex immigration laws of the United States and Canada to provide efficient and effective immigration and global mobility support. Please find the most recent breaking business immigration news below.
U.S. BREAKING NEWS
USCIS Announces Update to Form I-9 Starting August 1, 2023 with Remote Verification of Document Instructions Included
Last Friday, USCIS released an update, noting the following: "On Aug. 1, 2023, U.S. Citizenship and Immigration Services will publish a revised version of Form I-9, Employment Eligibility Verification. Among the improvements to the form is a checkbox employers enrolled in E-Verify can use to indicate they remotely examined identity and employment authorization documents under an alternative procedure authorized by the Department of Homeland Security (DHS) described below."
As we previously reported in May, the U.S. Department of Homeland Security (DHS) and U.S. Immigrations and Customs Enforcement (ICE) announced that although the COVID-19 flexibilities afforded to employers to reach Form I-9 compliance (under which they could remotely examine the employees' documents and enter COVID-19 as the reason for the physical examination delay) would sunset on July 31, 2023, employers will now get a month's reprieve, until August 30, 2023, to perform all required physical examination of identity and employment eligibility documents for those individuals hired on or after March 20, 2020, and who have only received a virtual or remote examination under the flexibilities. In addition, at the time of our last update, DHS was reviewing public comments and plans in response to its proposed rule to allow for optional alternative procedures for the examination of identity and employment eligibility documents, with plans to issue a final rule.
On Friday July 21, 2023, DHS announced the final rule, but also published an accompanying document (scheduled for publication on July 25, 2023), which permits e-Verify employers to remotely examine I-9 documents, noting the following procedure:
- Employers must be enrolled in E-Verify;
- Examine and retain copies of all documents;
- Conduct a live video interaction with the employee; and
- Create an E-Verify case if the employee is a new hire.
The revised Form I-9:
- Reduces Sections 1 and 2 to a single-sided sheet;
- Is designed to be a fillable form on tablets and mobile devices;
- Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
- Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required;
- Revises the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation;
- Reduces Form instructions from 15 pages to 8 pages; and
- Includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination.
The revised Form I-9 (edition date 08/01/23) will be published on uscis.gov on Aug. 1, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through Oct. 31, 2023. Starting Nov. 1, 2023, all employers must use the new Form I-9. Despite the increased flexibility created by the new regulations and form, employers are still required to complete I-9s that were not properly completed in conjunction with the I-9 requirements prior to the introduction of these new regulations because of COVID-19 flexibilities. Should you require assistance with ongoing compliance issues, please don't hesitate to reach out to our team.
CANADIAN BREAKING NEWS
Update – Unbelievable Demand Soon After the Program Starts Fills All 10,000 Spots in Canada's Open Work Permit Pathway for H-1B Visa Holders
After the Minister of Immigration, Refugees, and Citizenship announced the new program on June 27th at a tech conference, a new temporary public program aimed at U.S. H-1B visa holders opened on July 16, 1023 to surging demand – the 10,000-application intake cap was hit less than 48 hours later. The oversubscription of Canada's H-1B open work permit pathway is a clear sign of H-1B visa holders' pent-up demand for reliable immigration programs. The benefit offered through this program was a three-year open market work permit, essentially permitting individuals with current H-1B status the ability to move to Canada and work without restrictions for that period. This option was likely attractive to individuals maxing out their six-year stay in H-1B status without a clear opportunity for U.S. permanent residence.
Individuals who successfully apply will have to finalize their entry "visa" applications if a TRV is required, and then enter Canada. We'll have a better sense a few months from now as to whether all 10,000 will be processed and used, or whether applicants were applying out of caution to create a backup opportunity in Canada.
Although the open work permit pathway is now closed, H-1B visa holders in the US may be eligible for alternative immigration programs, including through immigrating permanently through Canada's federal economic immigration programs (e.g., Express Entry). Please let us know if you are seeking an additional North American option via Canada to manage risk to your mobility program.
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