Tag: DHS

  • DHS Terminates Harvard’s SEVP Certification, Blocking Foreign Student Enrollment – CUPA-HR

    DHS Terminates Harvard’s SEVP Certification, Blocking Foreign Student Enrollment – CUPA-HR

    by CUPA-HR | May 22, 2025

    On May 22, the Department of Homeland Security (DHS) announced that it terminated Harvard University’s Student and Exchange Visitor Program (SEVP) certification. According to DHS, this action bars Harvard from enrolling foreign students and requires foreign students currently enrolled at the institution to transfer to another U.S. institution or lose legal status.

    In the announcement, DHS states that “Harvard’s leadership has created an unsafe campus environment by permitting anti-American, pro-terrorist agitators to harass and physically assault individuals, including many Jewish students, and otherwise obstruct its once-venerable learning environment.” DHS claims that many of the agitators are foreign students. The announcement also accuses Harvard’s leadership of facilitating and engaging in coordinated activity with the Chinese Communist Party.

    On April 16, DHS Secretary Kristi Noem sent a letter to Harvard requesting the university to provide records on foreign students’ illegal activity or misconduct. The letter stated that Harvard could face immediate loss of SEVP certification if it did not comply. According to the DHS announcement on the SEVP termination, Harvard did not provide “the required information requested and ignored a follow up request from the Department’s Office of General Counsel.”

    In DHS’s announcement regarding the termination of Harvard’s SEVP certification, Noem states that DHS’s decision to terminate Harvard’s SEVP certification is “holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on campus.” She further states that “it is a privilege, not a right, for universities to enroll foreign students” and to “let this serve as a warning to all universities and academic institutions across the country.”

    CUPA-HR will monitor for additional updates on this decision and other actions taken by DHS.



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  • US to expand powers to terminate students’ legal status

    US to expand powers to terminate students’ legal status

    The expansion of government powers would hand Immigration and Customs Enforcement (ICE) the authority to cancel a student’s legal status if the visa they used to enter the US is revoked.  

    Previously, a visa revocation would only impact a person’s ability to return to the country but would not end their permission to stay in the US as a student. 

    The new guidelines were outlined in an ICE document shared in a court filing on April 28, according to Associated Press. 

    Attorneys for international students said in court the new reasons would allow for faster deportations and would justify many of the Trump administration’s terminations of thousands of students’ legal status on the database maintained by ICE.  

    “This just gave them carte blanche to have the State Department revoke a visa and then deport those students, even if they’ve done nothing wrong,” said immigration attorney Brad Banias, as reported in AP.  

    When approached for comment, a State Department spokesperson said it “will continue to work closely with the Department of Homeland Security to enforce zero tolerance for aliens in the United States who violate US laws, threaten public safety, or in other situations where warranted”.

    The PIE is yet to hear back from ICE.

    This just gave them carte blanche to have the State Department revoke a visa and then deport those students, even if they’ve done nothing wrong

    Brad Banias, immigration attorney

    Sector leaders welcomed last week’s news that the government was restoring students’ legal status while it developed a new framework for future terminations, though the proposed vastly expanded new powers come as another blow for international students and educators.  

    The court heard that the new policy went against “at least 15 years of SEVP guidance”, referring to the Student and Exchange Visitor Program managed by ICE. 

    However, NAFSA emphasised on May 2 that “the document cannot yet be regarded as ICE’s new official policy”.

    The document offers two new reasons for termination; non-compliance with the terms of nonimmigrant status and visa revocation by the state department.

    In the case of the former, it is not clear whether a SEVIS record termination would also result in the termination of nonimmigrant status, though it would strip students of status benefits including applying for OPT or returning to the US after travelling abroad.

    According to immigration attorneys, the new guidance could also allow for revoking student status if their names appear in a criminal database regardless of whether they were ever charged with a crime.    

    Traditionally, student visa revocations have not been common, but recently the US government began terminating students’ status either in addition to or instead of revoking their visas.   

    The Student and Exchange Visitor Information System (SEVIS) database is maintained by ICE to monitor international students’ presence in the US.  

    In the absence of disaggregated counts of visa revocation and SEVIS record termination, it remains unclear how many students will lose their status because of the new termination framework.  

    Since mid-March, sudden visa revocations by the State Department and SEVIS record terminations by ICE and DHS have caused widespread fear and uncertainty across US campuses.  

    “Exacerbating the stress was the rationale provided by the government, which ranged from wholly absent, to conflicting, to shifting, to downright baseless,” said NAFSA.  

    In March, secretary of state Marco Rubio said that his department was revoking the visas of students who took part in pro-Palestinian protests and those with criminal charges.   

    However, many students who saw their status terminated said they did not fall under those categories and argued that they were denied due process. Others said they were not aware their status had been revoked until logging onto the SEVIS database.  

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  • Govt. data error sparks doubt over US international enrolments

    Govt. data error sparks doubt over US international enrolments

    The reliability of federal datasets is under scrutiny after an error was identified on the Student and Exchange Visitor Information System (SEVIS) website that appeared to show stagnating international student numbers from August 2024 to the present.  

    The error, brought to The PIE News’s attention by EnglishUSA, casts doubt on recent headlines and media reports about declining international student enrolments in the US, with SEVIS data appearing to show an enrolment decline of 11% between March 2024 and March 2025.  

    “Starting in August 2024, the data appears to be duplicated month after month, with flatlined totals for students on F and M visas. These figures show virtually no fluctuation during a period when natural enrolment shifts would be expected,” explained EnglishUSA executive director, Cheryl Delk-Le Good.  

    “This irregularity comes at a time of heightened concern within the field, particularly as educators and administrators manage the fallout from widespread SEVIS terminations and the resulting confusion around visa status for international students,” added Delk-Le Good.  

    The US Department of Homeland Security (DHS), which runs SEVIS, was alerted to the error on April 14 and said it was “working to resolve the issue”.  

    As of April 25, the dataset has not been updated, and DHS has not responded to The PIE’s request for comment.  

    US International Trade Administration. Market Diversification Tool for International Education. 2023. Retrieved: April 11, 2025.

    Notably, the inaccuracies begin in August 2024 and span both US administrations, suggesting “a computer glitch rather than an intentional act,” said Mark Algren – interim director of the Applied English Center at the University of Kansas and a contributor to EnglishUSA’s data initiatives – who noticed the anomaly.  

    However, Algren added that he had “no idea why someone didn’t catch it,” with the considerable timeframe of the glitch likely to hamper confidence in federal datasets that are relied on by institutions and that ensure transparency in the system.  

    Total F&M visa holders in the US: 

    Month  Total F&M  Change from previous month 
    August 24   1,091,134  -59,822 
    September 24   1,091,137  +3 
    October 24  1,091,141  +4 
    November 24  1,091,144  +3 
    January 25  1,091,142  -2 
    February 25  1,091,155  +13 
    March 25  1,091,161  +11 
    Source: SEVIS

    It is important to note that each monthly dataset recorded by SEVIS is a snapshot of a given day that month, and the drop recorded in August 2024 (which is considered the last accurate figure) could have been taken before many students arrived for the fall academic term.  

    For this reason, “it’s hard to say that an August report is representative of the following fall term,” said Algren, with the true figures yet to be seen.  

    At the start of the 2024/25 academic year, IIE’s fall snapshot reported a 3% rise in international student enrolment, building on sustained growth over the last three years. 

    Despite recent uncertainty in the US caused by the current administration’s recent attacks on higher education, the period of SEVIS’ misreporting represents an earlier timeframe before the impact of Trump’s policies came into effect.  

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  • DHS Threatens Harvard With Loss of International Students

    DHS Threatens Harvard With Loss of International Students

    The Department of Homeland Security canceled $2.7 million in grants going to Harvard University Wednesday night and threatened to terminate its Student and Visitor Exchange Program certification, which would bar the private Massachusetts institution from enrolling international students.

    DHS’s threats came shortly after Harvard rebuffed the Trump’s administration’s demands to overhaul governance, admissions, hiring processes and more amid allegations of antisemitism and harassment tied to pro-Palestinian protests last spring. Although the Trump administration has opened a civil rights investigation into antisemitism at Harvard, that inquiry remains in process.

    Even so, the federal government has already moved to punish the university.

    The Trump administration froze $2.2 billion in research grants after Harvard rejected its initial demands, and the Internal Revenue Service is reportedly taking aim at its tax-exempt status. Now SEVP certification appears to be in the Trump administration’s crosshairs as well.

    “Harvard bending the knee to antisemitism—driven by its spineless leadership—fuels a cesspool of extremist riots and threatens our national security,” Department of Homeland Security Secretary Kristi Noem said in a Thursday statement. “With anti-American, pro-Hamas ideology poisoning its campus and classrooms, Harvard’s position as a top institution of higher learning is a distant memory. America demands more from universities entrusted with taxpayer dollars.”

    DHS demanded the university provide “detailed records on Harvard’s foreign student visa holders’ illegal and violent activities by April 30” or lose SEVP certification. The demand comes as the federal government has revoked visas for international students across the U.S., in some cases for political speech. (Inside Higher Ed has tracked more than 1,450 visa revocations.)

    Harvard spokesperson Jason Newton emphasized the need for due process in federal actions.

    “Harvard values the rule of law and expects all members of our community to comply with University policies and applicable legal standards,” Newton wrote. “If federal action is taken against a member of our community, we expect it will be based on clear evidence, follow established legal procedures, and respect the constitutional rights afforded to all individuals.”

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  • DHS Formalizes Policy Screening Noncitizens’ Social Media

    DHS Formalizes Policy Screening Noncitizens’ Social Media

    The Department of Homeland Security is formalizing a policy to search the social media accounts of all foreign applicants for U.S. visas or other benefits, according to a memo issued Wednesday morning. 

    U.S. Citizenship and Immigration Services will collect applicants’ social media handles and scour their accounts for any “antisemitic activity.” Social media content “endorsing, espousing or promoting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic terrorist activity” is now “grounds for denying immigration benefit requests.”

    “This will immediately affect aliens applying for permanent resident status, foreign students and aliens affiliated with educational institutions linked to antisemitic activity,” the memo continued. 

    Secretary of State Marco Rubio proposed the policy last month, drawing criticism from free speech advocates. Others objected to the broad scope of the proposal, which included not just visa applicants but also current residents and green card holders. The new policy is just as broad.

    The news comes after weeks of escalating attacks on international students, many of whom have had their visas and legal resident status revoked for pro-Palestinian speech under an obscure legal clause that allows the secretary of state to determine if a visa holder is a “foreign policy threat.” An Axios report found that the State Department was already using artificial intelligence to scan student visa holders’ social media accounts looking for the allegedly antisemitic speech referenced in the new memo. 

    Many more students have had their visas revoked over minor criminal infractions; others have no clear understanding why their status was terminated. 

    An Inside Higher Ed analysis found that nearly 450 students have had their visas revoked as of Wednesday afternoon. Follow along with our interactive map and tracker. 

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  • DHS Issues Final H-1B Modernization Rule

    DHS Issues Final H-1B Modernization Rule

    by CUPA-HR | December 18, 2024

    On December 18, the Department of Homeland Security (DHS) published a final rule to modernize the H-1B visa program, finalizing changes first proposed in October 2023. The rule will take effect on January 17, 2025, introducing significant updates aimed at clarifying the requirements of the H-1B program and improving program efficiency, providing greater benefits and flexibility for petitioners and beneficiaries, and strengthening program integrity measures.

    The final rule responds to comments from a variety of stakeholders, including concerns raised by CUPA-HR and others in a multi-sector joint comment letter signed by 74 organizations and a higher education-focused letter led by the American Council on Education (ACE). Both letters advocated for changes to the definition of a “specialty occupation” and other key areas to ensure the regulations better align with workforce needs. The final rule incorporates feedback from stakeholders and aims to provide clarity while maintaining program integrity.

    Below are highlights of some noteworthy provisions in the final rule and next steps.

    Revised Definition and Criteria for H-1B Specialty Occupations

    The final rule modifies the definition of an H-1B specialty occupation in response to public comments, including those CUPA-HR signed onto in a multi-sector joint comment letter and a higher education-focused letter. DHS clarified that a degree or its equivalent must be “directly related” to the duties of the position, with “directly related” defined as having a logical connection between the degree and the job duties. This change addresses concerns raised in comments that the proposed language could have been misinterpreted to require adjudicators to focus solely on a beneficiary’s specialized studies.

    The rule also permits a range of qualifying degree fields, provided that each field is directly related to the position’s duties. Additionally, DHS removed references to specific degree titles such as “business administration” and “liberal arts” to avoid undue reliance on degree titles. This recognizes that degree titles can vary between institutions and evolve over time, emphasizing the relevance of the degree’s content rather than its name. These changes align with the requests made in the joint comment letter, ensuring that the definition of a specialty occupation is practical and reflective of modern workforce realities.

    Codification of the Deference Policy

    The final rule codifies DHS’s current deference policy, providing greater clarity on how U.S. Citizenship and Immigration Services (USCIS) adjudicators should approach petitions involving the same parties and underlying facts. Under the codified policy, adjudicators are generally required to defer to a prior USCIS determination of eligibility when adjudicating a subsequent Form I-129, Petition for Nonimmigrant Worker. However, deference will not apply if a material error in the prior approval is discovered, or if new material information or a material change impacts the petitioner’s or beneficiary’s eligibility.

    Elimination of the Itinerary Requirement

    The final rule eliminates the itinerary requirement, which previously required petitioners to provide an itinerary detailing the dates and locations of services or training when filing Form I-129. This change addresses concerns that the requirement was largely duplicative of other information already provided in the petition. Eliminating this requirement simplifies the filing process, reducing administrative burdens for petitioners. The change is particularly beneficial for individuals in roles such as medical residencies under H-1B, where work may occur at multiple sites, as it removes unnecessary procedural hurdles without impacting USCIS’s ability to assess eligibility.

    Expanded H-1B Cap Exemptions for Nonprofit and Governmental Research Organizations

    The final rule modestly broadens the scope of H-1B cap exemptions for nonprofit and governmental research organizations, as well as nonprofits affiliated with institutions of higher education. The revised definitions recognize that qualifying organizations may have multiple fundamental activities or missions beyond just research or education. Under the updated regulations, organizations can qualify for a cap exemption if research or education is one of their fundamental activities, even if it is not their primary activity or mission. These changes better align the cap exemption criteria with the diverse roles and structures of modern nonprofit and governmental entities.

    Enhanced Cap-Gap Protections for F-1 Students

    The final rule extends cap-gap protections for F-1 students transitioning to H-1B status. Under the new provision, F-1 students who are beneficiaries of timely filed, nonfrivolous H-1B petitions will receive an automatic extension of their F-1 status and employment authorization through April 1 of the following calendar year. This extension provides up to six additional months of status and work authorization, reducing the risk of lapses in lawful status or employment eligibility while awaiting approval of the change to H-1B status.

    Codification of Site Visit Authority

    The final rule codifies and strengthens the USCIS site visit program, which is administered by the Fraud Detection and National Security (FDNS) unit. DHS clarifies that refusal to comply with a site visit may result in the denial or revocation of a petition. Additionally, the rule explicitly authorizes DHS to conduct site visits at various locations connected to the H-1B employment, including the primary worksite, third-party worksites, and any other locations where the employee works, has worked, or will work. This provision formalizes long-standing practices and enhances USCIS’s ability to monitor compliance with H-1B program requirements.

    Next Steps

    The rule takes effect on January 17, 2025, just days before the next presidential inauguration. While it is unclear if the incoming Trump administration will seek to modify or withdraw the regulation, the codification of key provisions, such as the deference policy, makes them more difficult to rescind without formal rulemaking.

    Employers should also prepare for the required use of a new edition of Form I-129, Petition for a Nonimmigrant Worker, on the rule’s effective date. Because there will be no grace period for accepting prior editions of the form, employers should review the preview version, which will be published soon on uscis.gov, to prepare for the transition.



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  • DHS Announces First Phase of Final H-1B Modernization Rule – CUPA-HR

    DHS Announces First Phase of Final H-1B Modernization Rule – CUPA-HR

    by CUPA-HR | February 1, 2024

    On January 30, 2024, the Department of Homeland Security (DHS) announced a final rule to implement a new beneficiary-centric selection process for H-1B registrations. This rule, which also introduces start date flexibility for certain H-1B cap-subject petitions and additional integrity measures, is scheduled for publication in the Federal Register on February 2, 2024, and will become effective 30 days later.

    The rule does not finalize all the provisions in the H-1B Modernization Proposal from last October. Notably absent are changes to the definitions of H-1B specialty occupation, policies of deference to prior adjudications, and modifications to cap-gap protection, among others. DHS has indicated plans to publish a separate final rule to address these remaining aspects from October’s proposed rule.

    Summary of Key Changes

    • Beneficiary-Centric Selection Process. The final rule introduces a change in the H-1B registration selection process. Instead of a registration-based lottery system, DHS will now implement a beneficiary-centric approach. This means that each foreign worker (beneficiary) will be entered into the selection process once, irrespective of the number of registrations submitted on their behalf. This change is designed to offer a fairer, more equitable system and reduce the potential for manipulation.
    • Start Date Flexibility. The final rule provides more flexibility for the employment start dates in H-1B cap-subject petitions. Employers will now be allowed to file petitions with start dates that are after October 1 of the relevant fiscal year. This aligns with current DHS policy and removes previous restrictions, offering more convenience for employers and beneficiaries.
    • Enhanced Integrity Measures. Under the final rule, DHS codifies its ability to deny or revoke H-1B petitions in cases where the underlying registration contains a false attestation or is otherwise invalid. Additionally, the rule stipulates that DHS may deny or revoke the approval of an H-1B petition if issues arise with the H-1B cap registration fee, such as if the fee is declined, not reconciled, disputed, or deemed invalid after submission.

    With the final rule, DHS not only introduces key adjustments to the H-1B visa process but also sets the stage for efficiency enhancements. Starting February 28, 2024, USCIS will launch an online filing option for Forms I-129, Petition for a Nonimmigrant Worker, and Form I-907, Request for Premium Processing Service.

    In addition, USCIS will launch new organizational accounts in its online platform on February 28. These accounts are designed to enable collaboration within organizations and their legal representatives on H-1B registrations, petitions, and associated premium processing requests. While some details about this new account system and the e-filing function have been provided, USCIS is expected to release more comprehensive information in the coming weeks.



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  • DHS Announces Proposed Pilot Program for Non-E-Verify Employers to Use Remote I-9 Document Examination – CUPA-HR

    DHS Announces Proposed Pilot Program for Non-E-Verify Employers to Use Remote I-9 Document Examination – CUPA-HR

    by CUPA-HR | August 9, 2023

    On August 3, 2023, the Department of Homeland Security (DHS) published a notice in the Federal Register seeking comments on a potential pilot program to allow employers not enrolled in E-Verify to harness remote examination procedures for the Form I-9, Employment Eligibility Verification.

    Background

    DHS’s recent actions are built upon a series of moves aimed at modernizing and making more flexible the employment verification process. On July 25, 2023, the DHS rolled out a final rule enabling the Secretary of Homeland Security to authorize optional alternative examination practices for employers when inspecting an individual’s identity and employment authorization documents, as mandated by the Form I-9. The rule creates a framework under which DHS may implement permanent flexibilities under specified conditions, start pilot procedures with respect to the examination of documents, or react to crises similar to the COVID-19 pandemic.

    Alongside the final rule, DHS published a notice in the Federal Register authorizing a remote document examination procedure for employers who are participants in good standing in E-Verify and announced it would be disclosing details in the near future about a pilot program to a broader category of businesses.

    Key Highlights of the Proposed Non-E-Verify Remote Document Examination Pilot 

    DHS’s proposal primarily revolves around the following points:

    • Purpose: Immigration and Customs Enforcement (ICE) intends to gauge the security impact of remote verification compared to traditional in-person examination of the Form I99. This involves evaluating potential consequences like error rates, fraud and discriminatory practices.
    • Pilot Procedure: The new pilot program would mirror the already authorized alternative method for E-Verify employers, including aspects such as remote document inspection, document retention and anti-discrimination measures.
    • Eligibility: The pilot program is open to most employers unless they have more than 500 employees. However, E-Verify employers are excluded since DHS has already greenlit an alternative for them.
    • Application Process: Interested employers must fill out the draft application form, which DHS has made available online. This form captures details like company information, terms of participation, participant obligations, and more.
    • Information Collection: Employers wishing to join the pilot would be required to complete the formal application linked above. ICE would periodically seek data from these employers, such as the number of new hires or how many employees asked for a physical inspection.
    • Documentation: Participating companies must electronically store clear copies of all supporting documents provided by individuals for the Form I-9. They might also be required to undertake mandatory trainings for detecting fraudulent documents and preventing discrimination.
    • Onsite/Hybrid Employees: Companies might face restrictions or a set timeframe for onsite or hybrid employees, dictating when they must physically check the Form I-9 after the initial remote assessment.
    • Audits and Investigations: All employers, including pilot participants, are liable for audits and evaluations. DHS plans to contrast data from these assessments to discern any systemic differences between the new method and the traditional one.

    What’s Next: Seeking Public Comments by October 2 

    DHS is actively seeking feedback from the public regarding the proposed pilot and the draft application form. The department encourages stakeholders to consider and provide insights on the following points:

    • Practical Utility: Assess if the proposed information requirement is vital for the agency’s proper functioning and whether the data collected will be practically useful.
    • Accuracy and Validity: Analyze the agency’s estimation of the information collection’s burden, ensuring the methods and assumptions are valid.
    • Enhance Information Quality: Offer suggestions to improve the clarity, utility and overall quality of the data collected.
    • Minimize Collection Burden: Propose ways to ease the data collection process for respondents, exploring technological solutions such as electronic submissions.

    In light of this, CUPA-HR plans to carefully evaluate the notice and associated application. Based on its review, CUPA-HR is considering submitting comments to provide valuable insights to DHS. CUPA-HR will keep members apprised of any updates regarding this proposed pilot program and other changes to Form I-9 alternative examination procedures.



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  • DHS Announces Final Rule Permitting Alternative Options for Form I-9 Document Examination – CUPA-HR

    DHS Announces Final Rule Permitting Alternative Options for Form I-9 Document Examination – CUPA-HR

    by CUPA-HR | July 24, 2023

    On July 21, the Department of Homeland Security (DHS) announced a final rule permitting the Secretary of Homeland Security to authorize optional alternative examination practices for employers when reviewing an individual’s identity and employment authorization documents required by the Form I-9, Employment Eligibility Verification. The rule creates a framework under which DHS may implement permanent flexibilities under specified conditions, start pilot procedures with respect to the examination of documents, or react to crises similar to the COVID-19 pandemic.

    Simultaneously, DHS published a notice in the Federal Register authorizing an alternative document examination procedure. This provides employers who are participants in good standing in E-Verify with the option to remotely examine their employees’ identity and employment authorization documents via a live video interaction.

    Background

    Under current law, employers are required to physically examine an individual’s identity and employment authorization documents within three business days after an individual’s first day of employment. In response to the COVID-19 pandemic, DHS introduced temporary flexibilities in March 2020, enabling employers to remotely review these documents. This virtual inspection was to be succeeded by a physical examination within three business days once normal operations resumed. These flexibilities, extended multiple times, are set to expire on July 31, 2023.

    Due to the success of temporary changes to document verification procedures implemented at the onset of the COVID-19 pandemic, DHS issued a Request for Public Input (RPI) on October 26, 2021, concerning remote document examination. This move initiated a discussion on whether these leniencies should be extended permanently. After examining the comments responding to the RPI, DHS proposed a framework on August 18, 2022, empowering the Secretary to extend these flexibilities. CUPA-HR submitted comments in response to the RPI (see here) and proposal (see here) encouraging DHS to move forward expediently and ensure that a remote review process remains available following the end of the COVID-19 Flexibilities.

    Details of the Alternative Procedure

    From August 1, 2023, eligible employers can start using the alternative procedure as outlined in the Federal Register notice. The conditions include: (1) restricting participation to E-Verify participants in good standing; (2) broadening document retention requirements to include clear and legible copies of all Form I-9 documents; (3) requiring E-Verify training on fraud awareness and antidiscrimination; and (4) holding a live video interaction after the employee transmits a copy of the document(s) to the employer.

    Employers participating in E-Verify, who created a case for employees whose documents were examined during the COVID-19 flexibility period (March 20, 2020 to July 31, 2023), can opt for the new alternative procedure from August 1, 2023 to satisfy the required physical examination of the employee’s documents for that Form I-9. Conversely, employers not enrolled in E-Verify during the flexibility period must complete a physical examination in-person by August 30, 2023 as outlined in the Agency’s May 4 announcement.

    What’s Next

    Looking ahead, DHS continues to expand its efforts to streamline employment verification procedures. As part of this endeavor, the department is gearing up to roll out a pilot program offering a remote examination option not just to E-Verify-enrolled employers but also to a broader category of businesses. This pilot program is expected to inform decisions about a comprehensive expansion of the remote examination option.

    Simultaneously, DHS is preparing to issue a new edition of Form I-9. Dated August 1, 2023, the new form will become the standard for all employers starting November 1, 2023. Until then, employers can still use the previous edition dated October 21, 2019, through October 31, 2023. It’s important to note, however, that if an employer chooses to utilize the 2019 edition in conjunction with the new alternative remote inspection procedure, they must mark “alternative procedure” in the Additional Information field in Section 2 of Form I-9.

    According to DHS, more details about the new Form I-9 and the pilot program will be disclosed in the near future. CUPA-HR will continue to monitor these developments and keep members apprised as they are announced.

     



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  • DHS Extends I-9 Flexibility Guidance Through July 2023 – CUPA-HR

    DHS Extends I-9 Flexibility Guidance Through July 2023 – CUPA-HR

    by CUPA-HR | October 12, 2022

    On October 11, the Department of Homeland Security (DHS) announced a further extension of the flexibilities on Form I-9 compliance requirements that have been in place since the onset of the COVID-19 pandemic. The guidance was set to expire October 31, but has now been extended through July 31, 2023.

    The guidance will continue to allow for remote inspection of Form I-9 documents in situations where employees work exclusively in a remote setting due to COVID-19-related precautions. For employees who physically report to work at a company location on any regular, consistent or predictable basis, employers are required to use standard I-9 procedures.

    On August 18, the DHS published a Notice of Proposed Rulemaking which would create a framework under which the Secretary would be authorized to extend the flexibilities on a more permanent basis. Given the length of time the rulemaking process takes, CUPA-HR is grateful for the DHS’s extension of the Form I-9 flexibilities.



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