News & Analysis as of May 10, 2025

Time Extensions

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The Employment Eligibility Verification Form I-9 is a form issued by the U.S. Citizen and Immigration Services to verify the identity and employment eligibility of workers within the United States. U.S. Employers must require all employees, both citizens and non-citizens, to complete an I-9 and present supporting documentation, such as a passport or green card. less -

DHS Announces Permanent Increase of Automatic EAD Extensions

Seyfarth Shaw LLP on 12/17/2024

The Department of Homeland Security (DHS) announced a permanent increase in the automatic extension period for certain Employment Authorization Documents (EADs) up to 540 days. The final rule will take effect on January 13,...more

Immigration Alert: TPS Beneficiaries Re-Registration Period Extended

Guidepost Solutions LLC on 12/15/2023

On September 8, 2023, the Department of Homeland Security (DHS) announced it was extending the re-registration period for beneficiaries of Temporary Protected Status (TPS) under the designations of El Salvador, Haiti,...more

USCIS Increases EAD Validity Period to Five Years for Certain Categories

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/5/2023

On September 27, 2023, U.S. Citizenship and Immigration Services (USCIS) issued an update to the USCIS Policy Manual to increase the maximum validity period to five years for initial and renewal Employment Authorization...more

Important USCIS Update- Employers Should Act Now: Complete In-Person Physical I-9 Inspections and Update Forms I-9 Completed...

Laner Muchin, Ltd. on 5/25/2023

On May 5, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that the previously issued COVID-19 temporary flexibilities allowing for the virtual review of employees’ Form I-9 documents for the Form I-9...more

Back to the Past: In-Person Document Inspection for I-9 Forms Resumes

Dorsey & Whitney LLP on 5/12/2023

The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) is ending employers’ ability to remotely inspect I-9 documents on July 31, 2023. Employers will have an additional 30 days, until August...more

USCIS extends immigration related due dates and temporary flexibility for Form I-9, Employment Eligibility Verification, for the...

Fox Rothschild LLP on 1/27/2023

On January 24, 2023 U.S. Citizenship and Immigration Services (USCIS) announced another extension of certain COVID-19-related flexibilities, now through March 23, 2023. The Department of Homeland Security (DHS) originally...more

USCIS Temporarily Increases Automatic Extension Period for Work Authorization - From 180 Days to Up to 540 Days

Miles & Stockbridge P.C. on 5/20/2022

On May 4, 2022 a Temporary Final Rule (TFR) published by the US Citizenship and Immigration Service (USCIS) of the Department of Homeland Security (DHS) increased the automatic extension period for certain categories of work...more

Non-Immigrant Employees with Expiring Employment Authorization Documents Get a Lifeline from DHS

Benesch on 5/9/2022

The Department of Homeland Security announced that, effective May 4, 2022, the government was temporarily extending the automatic extension period for certain I-765 Employment Authorization Documents (EADs). Currently,...more

USCIS Increases Automatic Extension Period of Employment Authorization Document (EAD) Work Permits for Certain Applicants

Mintz - Immigration Viewpoints on 5/5/2022

U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for Employment Authorization Documents (EADs) available to certain EAD renewal applicants....more

Employers Breathe Sigh of Relief as Immigration Officials Extend Employment Authorization for Many Workers

Fisher Phillips on 5/5/2022

Thanks to a new rule published yesterday, a broad group of nonimmigrant workers waiting for their employment authorization cards will have their temporary work authorizations extended for 540 days from their expiration date –...more

I-9 compliance flexibility extended till October 31, but a question remains

Constangy, Brooks, Smith & Prophete, LLP on 5/3/2022

In March 2020, the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement relaxed some of the I-9 compliance requirements because of the COVID-19 pandemic. One of these “flexibilities” ended this...more

I-9 Flexibility Extended to End of October 2022

Jackson Lewis P.C. on 4/28/2022

I-9 flexibility is extended until October 31, 2022, due to continuing COVID-19 precautions. The Department of Homeland Security (DHS) guidance remains the same and preparing for the possible end of the flexibility is still...more

Completing Form I-9 for EAD Automatic Extensions for Nonimmigrant Dependent Spouses

Cozen O'Connor on 11/23/2021

On November 12, 2021, USCIS issued a new policy that automatically extends employment authorization for dependent spouses in L-2 and E-1/E-2/E-3 status. The new policy also automatically extended employment authorization for...more

Relaxing of Employment Authorization Extension Policies for E, H-4, and L Visa Dependent Spouses

Perkins Coie on 11/19/2021

The U.S. Department of Homeland Security (DHS) reached a settlement agreement on November 10, 2021, to allow automatic extensions of employment authorization for certain H-4 and L dependent spouses. Additionally, on November...more

USCIS Issues Policy Alert Regarding Work Authorization for E, L-2, and H-4 Spouses

Kramer Levin Naftalis & Frankel LLP on 11/17/2021

In our Nov. 11 client alert, we described the dramatic and beneficial changes to the employment authorization rules affecting dependent spouses of certain nonimmigrant visa holders. On Nov. 12, U.S. Citizenship and...more

Employment Authorization Policy for Nonimmigrant Dependent Spouses

Cozen O'Connor on 11/17/2021

Employment Authorization Policy for Nonimmigrant Dependent Spouses On November 10, 2021, the U.S. Department of Homeland Security (DHS) reached a settlement in a landmark case, which provided structural changes for...more

USCIS Quickly Implements New Employment Authorization Policy for H-4, L and E Spouses

Gibney Anthony & Flaherty, LLP on 11/15/2021

On November 12, 2021, USCIS updated its Policy Manual to permit H-4, E and L nonimmigrant dependent spouses to receive automatic extension of employment authorization in certain circumstances. Earlier in the week, USCIS...more

H-4 & L-2 Nonimmigrant Visa Holders: Federal Settlement Impacts Employment Authorizations

Morgan Lewis on 11/15/2021

A settlement has been reached in Shergill v. Mayorkas, a federal lawsuit seeking to compel US Citizenship and Immigration Services to follow its regulations by automatically granting work permit extensions to L-2 and H-4...more

A Ray of Hope for L-2 and H-4 Spouses: Settlement Will Lead to Automatic Extensions and Employment Authorization Incident to...

Williams Mullen on 11/12/2021

Because of persistent delays by U.S. Citizenship and Immigration Services (USCIS) in the processing of applications for Employment Authorization Documents (EADs), a group of aggrieved noncitizen plaintiffs filed a class...more

USCIS Settlement Agreement Provides Some Relief to H-4 and L-2 Spouse EAD Renewal Applications

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/12/2021

On November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) settled the class action lawsuit Shergill v. Mayorkas. The settlement agreement will update USCIS policy related to certain H-4 and L-2 spousal...more

DHS Extends Temporary Flexibility For Form I-9, Employment Eligibility Verification Again – Now 1/31/20

Fox Rothschild LLP on 12/28/2020

In March, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a new temporary flexibility in complying with requirements related to Form I-9, Employment Eligibility...more

Temporary Flexibility For I-9 Compliance Extended Through December 31, 2020

Jackson Lewis P.C. on 11/20/2020

Once again, just as it was about to expire, ICE has announced a further extension of flexibility in its rules related to Form I-9 compliance. This time, the extension will continue through December 31, 2020. Employers will...more

DHS Extends Temporary Flexibility For Form I-9, Employment Eligibility Verification, And Due Dates For Responding To Notices Of...

Fox Rothschild LLP on 6/17/2020

In May, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility...more

UPDATE: Compliance in the Time of COVID-19: Government Defers I-9 Physical Inspection Requirements

Dorsey & Whitney LLP on 5/19/2020

As we reported in our March 23, 2020 alert, USCIS deferred the physical inspection requirements for completing forms I-9 until May 19, 2020. On May 14, the USCIS announced it will extend that deferral for another 30 days....more

DHS Eases Immigration Rules Due to COVID-19 Pandemic

Akin Gump Strauss Hauer & Feld LLP on 4/21/2020

- Foreign visitors and employees can extend or change their immigration status. - DHS relaxes requirements for original documents and original signatures. - DHS offices are closed to the public but continue to...more

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Form I-9 › United States Citizenship and Immigration Services › Time Extensions

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