December 3, 2020 Newsletter Powered By ABIL
DHS Extends Form I-9 Requirement Flexibility
The Department of Homeland Security (DHS) and U.S. Immigration
and Customs Enforcement (ICE) extended until December 31, 2020,
flexibility in complying with requirements related to Form I-9,
Employment Eligibility Verification, due to ongoing precautions
related to the COVID-19 pandemic. The temporary guidance was set to
expire November 19, 2020.
DHS noted that this provision only applies to employers and
workplaces that are operating remotely. The original news release
gives 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. DHS said that employers must
monitor the DHS and ICE websites for additional updates 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.
DHS notice, https://www.ice.gov/news/releases/ice-announces-extension-i-9-compliance-flexibility-0
Original DHS news release, https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance
DHS website, https://www.dhs.gov/
ICE website, https://www.ice.gov/news/overview
USCIS Reaches H-2B Cap for First Half of Fiscal Year 2021
U.S. Citizenship and Immigration Services announced on November
18, 2020, that it received enough petitions to reach the
congressionally mandated cap on H-2B visas for temporary
nonagricultural workers for the first half of fiscal year 2021.
November 16, 2020, was the final receipt date for new cap-subject
H-2B worker petitions requesting an employment start date before
April 1, 2021. USCIS will reject new cap-subject H-2B petitions
received after November 16 that request an employment start date
before April 1, 2021.
USCIS continues to accept H-2B petitions that are exempt from
the congressionally mandated cap, including the following
types:
- Current H-2B workers in the United States who are extendingtheir stay and, if applicable, changing the terms of their
employment or changing their employers;
- Fish roe processors, fish roe technicians, and/or supervisorsof fish roe processing; and
- Workers performing labor or services in the Commonwealth of theNorthern Mariana Islands and/or Guam from November 28, 2009, until
December 31, 2029.
USCIS noted that Congress has set the H-2B cap at 66,000 per
fiscal year, with 33,000 for workers who begin employment in the
first half of the fiscal year (October 1 through March 31) and
33,000 (plus any unused numbers from the first half of the fiscal
year) for workers who begin employment in the second half of the
fiscal year (April 1 through September 30).
Details: USCIS notice, https://www.uscis.gov/news/alerts/uscis-reaches-h-2b-cap-for-first-half-of-fy-2021
DHS Issues Proposed Rule to Expand Biometrics Collection
The Department of Homeland Security (DHS) proposes to
“permit collection of biometrics from aliens departing from
airports, land ports, seaports, or any other authorized point of
departure.” In addition, to enable U.S. Customs and Border
Protection (CBP) to verify identity by using facial recognition
technology, DHS proposes “to amend the regulations to provide
that all aliens may be required to be photographed upon entry
and/or departure.”
U.S. citizens may voluntarily opt out of participating in
CBP’s biometric verification program.
Details: DHS notice of proposed rulemaking on biometrics
collection,
USCIS Updates Guidance on Discretionary Factors for Adjustment
of Status Applications
U.S. Citizenship and Immigration Services (USCIS) is updating
existing policy guidance regarding agency discretion in
adjudications of adjustment of status applications.
The update provides “a non-exhaustive list of positive and
negative factors that may be relevant to whether an adjustment of
status applicant warrants a favorable exercise of discretion.”
It also lists the privileges, rights, and responsibilities of
lawful permanent residents (LPRs) as a reference for officers to
consider when determining whether the grant of LPR status is in the
best interest of the United States.
USCIS said this update “will assist officers in making more
consistent discretionary decisions by providing a foundation to
identify and analyze negative and positive factors in adjustment of
status applications.”
Details: USCIS notice, https://www.uscis.gov/news/alerts/uscis-updates-policy-guidance-regarding-discretionary-factors-for-adjustment-of-status-applications
USCIS policy alert, https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20201117-AOSDiscretion.pdf
USCIS policy manual update, https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4
Alejandro Mayorkas Nominated To Direct Department of Homeland
Security
President-elect Joe Biden announced on November 23, 2020, his
nomination of Alejandro Mayorkas to lead the Department of Homeland
Security (DHS). During the Obama administration, Mr. Mayorkas
directed U.S. Citizenship and Immigration Services and then became
deputy secretary of DHS. During his more than 30-year career, Mr.
Mayorkas also served as a U.S. attorney in California. He is a
partner at WilmerHale, leading its COVID-19 Coronavirus Task
Force.
Mr. Mayorkas’ accomplishments in the Obama administration
included developing and implementing the Deferred Action for
Childhood Arrivals (DACA) program, which benefited more than
700,000 youth. President-elect Biden said that Mr. Mayorkas
“will play a critical role in fixing our broken immigration
system and understands that living up to our values and protecting
our nation’s security aren’t mutually exclusive—and
under his leadership, they’ll go hand-in-hand.”
Mr. Mayorkas, who was born in Havana and is the son of Jewish
refugees who fled Cuba during the Castro revolution, would make
history as the first Latino and first immigrant in that position,
if confirmed by the Senate. His Romanian mother escaped the
Holocaust and met his father, of Sephardic heritage, in Cuba.
On the day of the nomination announcement, Mr. Mayorkas tweeted,
“When I was very young, the United States provided my family
and me a place of refuge. Now, I have been nominated to be the DHS
Secretary and oversee the protection of all Americans and those who
flee persecution in search of a better life for themselves and
their loved ones.”
Details: Biography, Alejandro Mayorkas, Biden-Harris Nominees
and Appointees, https://buildbackbetter.gov/the-administration/nominees-and-appointees/alejandro-mayorkas/
Mr. Mayorkas’ Twitter page, https://twitter.com/AliMayorkas/status/1330937834908250115
“Alejandro Mayorkas, Biden’s Pick for DHS Head, Would
Be 1st Latino in Post,” NPR, https://n.pr/2VqjRvD
Biography, Alejandro Mayorkas, WilmerHale, https://www.wilmerhale.com/en/people/alejandro-mayorkas
“Biden Picks Alejandro Mayorkas, a Son of Sephardic Jewish
Cuban Refugees, to Lead the Department of Homeland Security,”
eSefarad, https://esefarad.com/?p=100825
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