Immigration Update: USCIS Selection Process; Biometrics; DHS Inspections Relating to I-9 Enforcement

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USCIS Completes the Initial Selection Process

On April 1, 2020, U.S. Citizenship and Immigration Services (‘USCIS”) announced that the initial selection of H-1B cap-subject registrations for fiscal year (“FY”) 2021 was completed. Petitioners who electronically registered beneficiaries in the H-1B registration process and were selected through the random selection process may file their H-1B cap petition within the period indicated on the relevant registration selection notice. The filing period for the H-1B cap-subject petition will be at least 90 days. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2021 H-1B cap-subject petition.

USCIS to Continue Processing Work Authorization Extension Applications Using Prior Biometrics

Due to COVID-19, USCIS will adjudicate extension applications for work authorization (“EADs”) by reusing previously submitted biometrics. USCIS is making this one-time exception due to the temporary closure of Application Support Centers that normally complete biometrics for pending EAD applications. Applicants who had appointments scheduled on or after March 18, 2020, or who have filed their application, will have their application processed with previously submitted biometrics.

DHS to Grant Automatic Extensions to Employers Served with Notice of Inspection Relating to I-9 Enforcement

The Department of Homeland Security (“DHS”) announced that it will grant an automatic 60-day extension to employers that receive a Notice of Inspection (“NOI”) relating to I-9 government audit requests during the month of March 2020. The 60-day extension is granted to employers that have not already responded to their NOI. At the end of the 60-day extension period, DHS will determine if an additional extension will be granted.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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