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USCIS Announces a New Form I‑9 and Remote Verification Options

07/27/2023

What Employers Need to Know About the Latest Form I-9

 
United States Citizenship and Immigration Services (USCIS) announced a new Form I-9 with a host of improvements, features, and guidelines designed to streamline the process and make it easier for employers to understand, implement, and ultimately remain in I-9 compliance.
 

What is Form I-9?
 

Form I-9 is used to verify the identity and employment authorization of individuals hired to work in the United States. Employers are required to complete an I-9 for every worker they employ within three days of the employee’s start date and retain the form for a set amount of time. To remain I-9 compliant, employers must examine an employee’s documentation to ensure that they’re genuine and relate to the person presenting them.
 

What’s New With the Latest Form I-9?
 

Notable changes to Form I-9 include improved mobile compatibility—it’s designed to be filled out electronically on tablets and mobile devices and is downloadable. The new Form I-9 also features shorter sections and a dramatic reduction in instructions (going from 15 pages to 8). One of the most exciting developments of the new Form I-9 is the ability for some employers to examine documents remotely.
 

Who is Eligible to Remotely Verify I-9 Documents?
 

Along with changes to Form I-9 itself, USCIS will now allow eligible employers an alternative means of verifying documents—providing them with a remote option. At the moment, the alternative procedure is only available to employers enrolled in the E-verify program who are in good standing and in compliance with all the program’s requirements.
 
One stipulation employers taking advantage of the option to remotely verify documents must be aware of is that they must consistently follow a procedure for verifying documents. That is, they must follow the same practice for every employee at a worksite. 
 
For example, a business can either make all of its employees have their documents verified in person, or it can require physical document verification for onsite employees and allow remote document verification for remote employees. The key is that document verification of all employees at a worksite (either a physical location or remote) is managed in a consistent manner.
 
Whatever document verification policy an employer establishes, it’s critical that they don’t “adopt such a practice for a discriminatory purpose or treat employees differently based on their citizenship, immigration status, or national origin.”
 

What Remote Verification Documents Need to be Retained?
 

Another helpful component of the new Form I-9 is a checkbox for indicating an employee’s verification documentation was examined using a new authorized alternative procedure.
 
Like onsite verification, remote I-9 verification must be completed within three days of an employee’s first date of employment. Employees need to transmit a copy of their verification documents to the employer. Employees then must present the same documents for examination during a live video interaction.
 
After verifying the employment eligibility documentation, employers must indicate on the new Form I-9 that they verified the documents through the authorized alternative procedure and the date they did it. They must also retain “clear and legible” copies of the documents the employee presented for remote/virtual inspection.
 

When Does the New Form I-9 Go Into Effect?
 

Employers may begin using the new Form I-9 on August 1, 2023. However, they can continue to use the old Form I-9—the one with an October 11, 2022 expiration date—through October 31, 2023. As of November 1, 2023, employers can only use the new Form I-9.
 

GoffWilson Immigration Law
 

While the changes brought by the new Form I-9 are designed to make the process more straightforward, they also are a shift from the normal course of business. Whether your business needs assistance implementing E-Verify or remote verification or simply wants to ensure it’s in I-9 compliance, GoffWilson can help.
 
GoffWilson solely practices immigration law and has long been a leader in I-9 compliance. We offer everything from comprehensive audits to client workshops to public trainings and seminars. In fact, we’re planning a live I-9 presentation in September—stay tuned for updates.

Temporary I-9 Flexibility Set to Expire

05/09/2023

DHS and ICE Announce the End of Temporary I-9 Flexibility

 
The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced that the temporary flexibilities extended to employers regarding I-9 document verification during the COVID-19 pandemic are set to end on July 31, 2023. Employers will have 30 days—until August 30, 2023—to complete an in-person verification of all employees who were virtually verified under the temporary flexibilities.
 

What Employers Need to Know

 
After numerous extensions, the termination of temporary I-9 flexibility serves as a wake-up call for the Human Resources community, as employers have just 30 days after the extension ends to physically review documents—a relatively tight time frame, particularly for employers that have been relying on the policy for more than three years.
 
With an in-person inspection deadline looming in late August, it’s imperative that employers begin the project as soon as possible. Employers will need to identify employees who require updates and develop a strategy for bringing them into compliance.
 
Because of the extended period of time between the implementation of the temporary I-9 flexibility and its sunsetting, employers will face a handful of issues not commonly encountered. To offer guidance, USCIS has published a question-and-answer page and a page of examples for tackling I-9s in need of updating. Some situations to be aware of:
 
  • Same Documents: If an employee presents the same documents they did at the virtual inspection, employers should note in the Additional Information field “Documents Physically Examined” with the date of inspection and the initials of the inspector.
  • New I-9 Inspector: If the person inspecting the verification documents in person is different from the person who inspected the documents remotely, employers can either:
    • Record the date the documents were physically examined and the inspector’s full name and title in the Additional Information field; or
    • Complete a new Section 2 and attach it to the original I-9.
  • Different Documents: If an employee presents different documents at their in-person inspection from their virtual inspection employers can either:
    • Complete a new Section 2 and note “Documents Physically Examined” with the date of inspection in the Additional Information section and attach it to the original I-9; or
    • Record the new information on the existing I-9 in the Additional Information section with the date of the inspection and initials of the inspector.

A Brief History of Temporary I-9 Flexibilities

 
Temporary I-9 flexibility began in March 2020 in response to increased remote employment, stay-at-home orders, and other complications brought about by COVID-19. It allowed employers to inspect I-9 documentation remotely rather than in person with the expectation that employers would conduct a physical inspection within three days of returning to normal business operations. The flexibility was originally applied to just employers and workplaces that were 100% remote, but roughly a year later the policy was expanded to cover a broader range of businesses. All told, temporary I-9 flexibility was extended 14 times before its termination.
 

GoffWilson Immigration Law

 
GoffWilson is a long-time leader in I-9 compliance and a valuable partner to businesses of all sizes. Over our 30+ years in practice, we’ve audited thousands of I-9s, provided both public workshops and private seminars, and helped employers develop and implement strategies for remaining I-9 compliant.
 
If you have a question about how your business should proceed with processing I-9s in light of the expiration of I-9 flexibility or need assistance forming a plan to bring your business within compliance, we can help! Contact GoffWilson today—immigration isn’t just what we do, it’s our passion.

Immigration Update: H-1B Season and Redesigned Green Cards and EADs

01/31/2023
 

Keep Up to Date with the Latest Immigration News

 
We’re only a few weeks into the new year, but a lot has already happened in immigration—and it’s only going to get busier as we get closer to H-1B filing season.  
 

H-1B Registration Period Announced  

 
U.S. Citizenship and Immigration Services (USCIS) recently announced the H-1B cap registration period for the fiscal year 2024—it will open at noon Eastern on March 1, 2023, and run through noon Eastern on March 1, 2023. This is a critical moment for employers looking to secure one of these highly sought-after visas. Just 65,000 H-1B visas are issued annually with an additional 20,000 made available to foreign nationals possessing a U.S. master’s degree or higher. 
 
It’s been roughly a decade since the number of H-1B applicants hasn’t exceeded the number of available visas and a lottery (known as the H-1B lottery) was used to select recipients. In 2023, USCIS received 483,927 H1-B registrations, the highest number in the history of the program. It’s anticipated that applicants will outnumber visas this year as well, and a lottery will once again be needed. This makes it essential that employers file their H-1B petitions within the registration period—the earlier the better to avoid any last-minute issues.  
 
Employers and authorized representatives are required to file H-1B cap petitions electronically through USCIS’s online system, myUSCIS.gov. There is a $10 registration fee for each petition filed on behalf of a beneficiary and due to the likely large number of registrations, the daily credit card transaction limit will temporarily increase from $24,999.99 to $39,999.99. 
 
H-1B season moves quickly, but with proper planning and a sound strategy, employers can ensure it also moves smoothly. Now is the time for employers to begin identifying prospective H-1B candidates, such as students working in Optional Practical Training (OPT) or Curricular Practical Training (CPT) programs who will require an H-1B visa to continue employment in the U.S. once their OPT or CPT expires, or candidates with H-1B status for a cap-exempt employer seeking to transition to opportunities with cap-subject employers. 
 

USCIS Announces Newly Designed Permanent Resident Cards and EADs

 
On January 30th, USCIS began issuing redesigned Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS redesigns the cards every three to five years to mitigate the threat of counterfeiting and fraud—the current cards were introduced in May 2017.
 
The newly released cards incorporate a host of features designed to increase security and resist tampering, including:
 
  • Detailed artwork
  • Tactile printing better integrated with artwork
  • Enhanced optically variable ink 
  • Holographic images on the front and back of cards
  • A layer-reveal feature with a partial window on the back photo box
  • Data fields relocated from prior card versions 
 
The launch of new cards doesn’t invalidate current cards—they remain valid until their expiration date unless otherwise noted. In fact, some Green Cards and EADs may still feature the existing format, as USCIS uses up its remaining cardstock. Some older Green Cards do not have an expiration date, and while these generally remain valid, USCIS is encouraging holders of these older cards to apply for a new replacement card to prevent fraud or tampering if the card is ever lost or stolen. 
 

GoffWilson Immigration Law 

 
GoffWilson solely practices immigration law and is a valuable partner to both businesses and individuals. Contact GoffWilson today to learn how we can help your business form a strategy for H-1B season and provide assistance with the preparation and submission of this important visa, or if you simply have a question about what the release of new Green Cards and EADs means for you. 
 
At GoffWilson, immigration isn’t just what we do, it’s our passion.
 

The DHS Announces TPS Extension

12/07/2022

DHS Extends TPS Status for Beneficiaries from Six Countries

 
The Department of Homeland Security (DHS) announced an 18-month extension of Temporary Protected Status (TPS) to eligible beneficiaries from six countries: El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. TPS status for the aforementioned beneficiaries was set to expire on December 31, 2022, however, with the extension, they will now retain TPS status through June 30, 2024. 
 

Who Is Not Covered by the Recent Extension of TPS?

 
One of the most important facts to know about the recent extension of TPS is that it doesn’t apply to all the recipients from Haiti and Sudan; rather, it only applies to beneficiaries of the 2011 Haiti designation and the 2013 Sudan designation. Individuals granted TPS under the 2011 Haiti designation and the 2013 Sudan designation may also apply under the more recent 2021 Haiti and 2022 Sudan designation. 
 
Anyone from Haiti who has continuously resided in the U.S. since July 29, 2021, is eligible to apply for the new TPS designation—the registration period closes on February 3, 2023.
Anyone from Sudan who has continuously resided in the U.S. since March 1, 2022, is eligible to apply for the new TPS designation—the registration period closes on October 19, 2023.
 
Those under the 2011 Haiti and 2013 Sudan designations may want to consider applying under the more recent designation. It’s advised that they speak with an immigration attorney to discuss their specific situation before making any decisions. 
 

Automatic Extension

 
The recent extension also automatically extends the expiration of all TPS-related documentation, including: 
 
  • Employment Authorization Documents (EADs)
  • Form I-797
  • Notices of Action 
  • Forms I-94
  • Arrival/Departure Records
 
More simply, those covered under the latest TPS extension are not required to reregister to maintain their status. 
 

What is Temporary Protected Status (TPS)?

 
TPS is granted by DHS to eligible foreign-born individuals who are unable to return to their home country safely due to circumstances such as an ongoing armed conflict, environmental disaster, or epidemic. TPS holders are able to live and work in the U.S. for a designated period of time, although it does not provide a pathway to permanent residence. DHS must periodically review TPS status and can choose to extend it for periods of six to 18 months, provided conditions in the country continue to meet the requirements for designation. 
 

GoffWilson Immigration

 
Whether you’re a business that has questions about how the extension of TPS status affects I-9 compliance or an individual trying to understand what this means for your unique situation, GoffWilson has the answers. GoffWilson solely practices immigration law and has been helping businesses and individuals navigate complex and ever-changing immigration laws for more than three decades. Contact GoffWilson today and learn how we can help you.

Form I-9 Flexibility Extended Through July 2023

10/21/2022

 

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have once again extended their guidance that increases flexibility in Form I-9 compliance. The temporary guidance was set to expire on October 31, 2022, but will continue for another nine months and will now expire on July 31, 2023. This is the 14th time the guidance has been extended since its implementation in March 2020. 

 

What You Need to Know About Increased I-9 Flexibility 

 
Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. Employers are required to complete an I-9 form for every worker they employ. For I-9 compliance, employers must examine an employee’s documentation to ensure that they’re genuine and related to the person presenting them. 
 
Normally, I-9 documentation is inspected in person, but in response to the stay-at-home orders and rise of remote work brought on by COVID-19, the rules were loosened to allow remote inspection via video link, fax, or email. Initially, only fully remote workplaces and employees were covered by the guidance, but its scope was broadened in April 2021 to cover employees working in a remote setting. The increased breadth of the guidance only applied to employees onboarded after its implementation. 
 
While the latest guidance extends the relaxed I-9 rules through next July, it also encourages employers to begin, “at their discretion,” in-person identity and employment eligibility verification for employees onboarded remotely. It also reminds employers to monitor the DHS and ICE websites for updates about when the extensions end and normal operations will resume.
 

History of Form I-9 Flexibility 

 
Increased I-9 flexibility is well-traveled ground for employers by now and is a topic we’ve covered extensively on the blawg:
 
 

Other Important I-9 Information 

 
Since Form I-9 is on the top of employers’ minds, it’s worth reiterating that, earlier in October, U.S. Citizenship and Immigration Services announced that employers should continue using the current Form I-9—despite its October 31, 2022 expiration date—until further notice. 
 

GoffWilson Immigration Law

 
GoffWilson Immigration Law is a leader in I-9 compliance and offers businesses valuable services ranging from comprehensive I-9 audits to providing informative I-9 training and seminars. GoffWilson can help businesses navigate the ever-evolving regulations regarding Form I-9 and develop a strategy for when in-person verification resumes. Contact GoffWilson today to learn how we can help your business remain I-9 compliant. Immigration isn’t just what we do, it’s our passion.

Immigration Update: H-2B Visa Expansion and I-9 News

10/19/2022

 
October has been a busy month for immigration—over the past few days, there have been announcements regarding both the H-2B Visa and Form I-9.
 

DHS Supplements H-2B Cap with Additional Visas

 
On October 12, 2022, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL) announced it would make an additional 64,716 H-2B temporary nonagricultural worker visas available for the 2023 fiscal year—roughly doubling the number of available H-2B visas. This is great news for businesses struggling to fill temporary positions and the second time this year that DHS has supplemented the H-2B visa cap; DHS and DOL made 35,000 additional H-2B visas available for the second half of the 2022 fiscal year.
 
Of the 64,716 new H-2B visas made available, 20,000 are allocated to workers from Haiti, Honduras, Guatemala, and El Salvador. The Biden administration has pledged to expand legal pathways as an alternative to irregular migration, ensuring migration is a choice rather than a necessity. The remaining 44,716 H-2B visas are available to certain returning H-2B workers.
 
The H-2B visa program allows employers to hire foreign workers for temporary, non-agricultural positions in the U.S. H-2B workers are employed in a variety of industries, including construction, landscaping, hospitality, tourism, and seafood processing. Businesses that employ H-2B workers must meet specific requirements, most notably, that there are not enough U.S. workers to perform the jobs and that employing H-2B workers will not negatively affect the wages and working conditions of similarly employed U.S. workers. 
 
In addition to announcing supplemental H-2B visas, the creation of an “H-2B Worker Protection Taskforce” was also announced. The intent of the task force is to protect vulnerable H-2B workers from exploitation and ensure employers don’t use the H-2B program to avoid hiring U.S. workers.
 

Form I-9 Announcement

 
If you’ve recently looked at the current I-9 form, you’ve likely noticed that it has an October 31, 2022 expiration date. Despite its expiration date, the U.S. Citizenship and Immigration Services announced on October 11, 2022, that employers should continue using the current form—even after its expiration date—until further notice. Form I-9 is used to verify the identity and employment eligibility of individuals hired in the U.S., including both citizens and noncitizens.  
 

GoffWilson Immigration Law

 
GoffWilson Immigration Law solely practices immigration and is a valuable partner to businesses employing a global workforce. From help securing much-needed H-2B visas to I-9 services such as training and seminars and comprehensive audits, GoffWilson helps businesses take advantage of the worldwide workforce and remain in compliance with ever-changing and complex immigration laws. Contact GoffWilson today to discover we can help you hire, secure, and employ talent from around the globe. Immigration isn’t just what we do, it’s our passion!

DHS Extends Guidance Relaxing I-9 Rules

04/26/2022

The Department of Homeland Security has announced another extension of its guidance increasing the flexibility of rules related to Form I-9 compliance due to COVID-19. Increased I-9 flexibility will now run through October 31, 2022. This marks the 13th time the DHS has extended the relaxed rules around Form I-9 since it issued the original guidance on March 20, 2020. 
 

Form I-9 

 
Employers in the U.S. are required by federal law to complete Form I-9 for every worker they hire. For an I-9 to be complete and in compliance, an employer must examine the employee’s documentation to ensure that it appears genuine and related to the person presenting it. 
 

Form I-9 Requirement Flexibility 

 
The main function of the increased Form I-9 flexibility was a loosening of the rules related to document verification. The guidance allows employers to postpone in-person document inspection and inspect documents remotely—via video link, fax, or email—so long as they note the remote inspection and re-examine the documents in person within three days of resuming normal operations. 
 
Because of the longevity of the extension, it’s possible for an employee to have been onboarded remotely and left the employer without ever having their documents inspected in person. In these cases, employers are able to memorialize the reason for the lack of an in-person examination in a memorandum kept with the employee’s Form I-9. 
 
The guidance originally only covered workplaces and employers that were working completely remote due to the pandemic. In April 2021, the guidance was expanded to better accommodate employers slowly returning to in-person operations by allowing them to inspect I-9 documentation remotely for out-of-office employees. The expansion wasn’t retroactive and only applied to employees onboarded after its implementation. 
 

History of Increased I-9 Flexibility

 
As mentioned, above the latest extension marks the 13th time the DHS has extended the guidance—something GoffWilson has covered extensively:
 
 

Increased I-9 Flexibility Going Forward 

 
It’s hard to speculate on the future of increased I-9 flexibility. On one hand, many offices are returning to in-person operations; on the other, COVID-19 is still wreaking havoc in many places across the world. And with the guidance having already been extended 13 times, it’s reasonable to assume it will once again be extended when the time comes. 
 
DHS and ICE encourage employers to monitor their websites for updates on when the extension of I-9 flexibility will be terminated and normal I-9 rules reinstated. 
 

GoffWilson Immigration Law 

 
GoffWilson is a trusted I-9 resource, having audited thousands of Form I-9s and 
assisted businesses of all sizes to remain in compliance throughout our 30+ years of practicing immigration law. We offer a host of I-9 services to employers ranging from comprehensive company audits to public training seminars. 
 
GoffWilson recommends that employers take a proactive approach to their I-9s and have a plan in place for when DHS ends increased I-9 flexibility. GoffWilson can help you form a strategy to remain I-9 compliant and offer solutions to both the short-term challenges facing employers, like the guidance increasing the flexibility around document inspection, and long-term issues, like incorrectly filling out form I-9. 
 
Contact GoffWilson today to learn how we can help ensure your business remains I-9 compliant. Immigration isn’t just what we do, it’s our passion.
 

Temporary Policy for Expired List B Identity Documents is Set to End

03/18/2022

The Department of Homeland Security (DHS) will end its COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, employers may no longer accept expired List B documents.
 

COVID-19 Temporary Policy for List B Identity Documents

 
The COVID-19 Temporary Policy for List B Identity Documents was put in place near the beginning of the pandemic as a response to the difficulty many people had renewing documents due to office closures, online renewal restrictions, and stay-at-home orders and allowed employers to accept certain expired List B documents for Form I-9 purposes. 
 
Because document-issuing authorities have reopened or provided alternatives to in-person renewals, the DHS has ended its flexibility in regards to expired documents. Starting May 1, only unexpired List B documents are acceptable. 
 

List B Identity Documents 

 
List B documents are used to establish identity only and employees must present one of the following documents when completing Form I-9:
 
  • Drivers license issued by a state or outlying territory of the U.S.
  • ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address
  • School ID card with a photograph
  • Voter registration card
  • U.S. military card or draft record
  • Military dependent’s ID card
  • U.S. Coast Guard Merchant Mariner Document (MMD) card
  • Native American tribal document
  • Driver’s license issued by a Canadian government authority
 
Employees under 18 are also able to present:
 
  • School record or report card
  • Clinic, doctor, or hospital record
  • Daycare or nursery school record
 

How to Manage Expired List B Documents 

 
Employers are required to update their Form I-9s by July 31, 2022, if an employee presents an expired List B document between May 1, 2020, and April 30, 2022. Here is how to handle employee I-9s completed between May 1, 2020, and April 30, 2022, with an expired List B document. 
 

Still an Employee 

 
If the person is still an employee, have them provide an unexpired List B document. In the “Additional Information” field on Form I-9, the employer must enter the document’s title, issuing authority, number, and expiration date. After that, the employer is required to initial and date the change.
 

No Longer an Employee 

 
If the person is no longer an employee, there is no need for the employer to take any action.
 

List B Document was Auto Extended 

 
In some instances, List B documents are auto extended by their issuing authority. In these cases, no action is required by the employer, because the document was unexpired when it was presented.  
 

GoffWilson Immigration 

 
GoffWilson advocates for businesses to take a proactive approach to I-9 compliance and this latest policy shift presents an opportunity to review not just your I-9s but also your I-9 practices. GoffWilson has been a leader in I-9 compliance over our 30+ years, and has helped a multitude of businesses with everything from establishing a strategy, building best practices, and performing self-audits of I-9s. Contact GoffWilson today and discover how we can help you!
 

DHS Designates Ukraine for Temporary Protected Status

03/04/2022


The Department of Homeland Security designated Ukraine for Temporary Protected Status (TPS) for 18 months in response to what they’ve termed a “full-scale military invasion” of Ukraine by Russia and “the largest conventional military action in Europe since World War II.” The TPS designation will help protect Ukrainian nationals in the U.S. from deportation to a country under siege and into a conflict that has claimed hundreds of civilian lives and forced more than a million refugees to flee. 
 

What is Temporary Protected Status (TPS)?

 
Temporary Protected Status is a program that allows eligible foreign nationals from countries considered unsafe to legally live and work in the United States for a temporary period of time—in the case of Ukraine, 18 months—but does not provide a pathway to permanent residency. The DHS Secretary can extend the designation based on conditions of the country. TPS was created by Congress in 1990 and is given for one of the three following reasons:
 
  • Ongoing armed conflict 
  • Environmental disaster 
  • Extraordinary and temporary conditions 
 
With its designation, Ukraine becomes the 13th country designated for TPS, joining Burma, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela, and Yemen.
 
Before the designation of Ukraine, about 300,000 foreign nationals were in the country under TPS. According to a DHS estimate, the TPS designation will benefit more than 75,000 Ukrainians in the U.S. and include those here on temporary student, business, and tourist visas. It also includes roughly 4,000 Ukrainians facing deportation from the U.S., about 3,000 of which are asylum seekers.  
 

Why Ukraine Was Designated for TPS

 
The Russian invasion of Ukraine has created a humanitarian crisis as Ukrainians flee from fighting and damage to infrastructure, leaving many without necessities such as shelter, electricity, water, food, and medical services. As mentioned above, a million people have already fled the country and it’s only been a week. 
 
Furthermore, the U.N. High Commissioner for Refugees has predicted the number of refugees could climb to more than four million as the invasion progresses and said in a statement, “I have worked in refugee emergencies for almost 40 years, and rarely have I seen an exodus as rapid as this one.” In the comments announcing Ukraine’s designation for TPS, DHS Secretary Alejandro N. Mayorkas remarked, “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”
 

Who Qualifies for TPS?

 
Ukrainian nationals in the U.S. eligible for TPS under this designation must have been living in the U.S. since March 1, 2022—those who traveled to the U.S. after that date are not eligible. They must also meet certain statutory requirements, like passing security and background checks. Consequently, the designation of Ukraine for TPS doesn’t apply to the approximately one million refugees flooding into neighboring European countries. 
 
TPS designation for Ukraine will go into effect on the date it’s published in the Federal Register, something that has yet to occur. The notice in the Federal Register will also provide instructions on how to apply for TPS.
 

U.S. Suspends Deportations to Select European Countries

 
In addition to designating Ukraine for TPS and suspending deportations to the embattled country, U.S. Immigration and Customs Enforcement (ICE) has also paused deportations to eight other European Nations: Russia, Belarus, Georgia, Hungary, Moldova, Poland, Romania, and Slovakia.
 
ICE has not committed to how long it will pause deportations. That said, deportations to the aforementioned countries are relatively small. For example, in 2020, ICE deported just 106 Ukrainians and 108 Russians. 
 

GoffWilson Immigration Law  

 
GoffWilson is an ally to Ukrainians and encourages employers and individuals to contact us with any questions they may have about the designation of Ukraine for TPS and what it means for their employees or themselves. GoffWilson solely practices immigration law and has helped businesses and individuals navigate ever-changing U.S. immigration law for over 30 years. At GoffWilson, immigration isn’t just what we do—it’s our passion.

H-1B Visa Registration is Around the Corner

02/01/2022

U.S. Citizenship and Immigration Services (USCIS) recently announced the H-1B registration period for the fiscal year 2023: March 1 through March 18. It’s anticipated that demand for the much sought-after H-1B visa will once again outstrip supply. Consequently, proactive employers will want to begin preparing for the H-1B registration soon to ensure everything is in order prior to the registration period and avoid a silly oversight costing them the chance at securing one of these valuable visas.    
 

What is the H-1B Visa?

 
The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in specialty occupations. The number of H-1B visas is capped per fiscal year at 85,000—20,000 H-1B visas are allocated for applicants who hold a master’s degree or higher, while the minimum education requirement for the remaining 65,000 is a bachelor’s degree or its equivalent. 
 
There are some H-1B visas that are not counted against the cap. The most notable of these are for foreign workers employed by H cap-exempt organizations, such as institutions of higher learning, related and affiliated nonprofit entities associated with an institution of higher education (like teaching hospitals affiliated with university medical schools), and research organizations that are either non-profits or part of the federal government. 
 

H-1B Registration Timetable 

 
The fiscal year 2023 H-1B registration period will run from 12 pm (noon) eastern time on March 1 through 12 pm (noon) eastern time on March 18. It’s during this time that prospective petitions and representatives are required to submit registrations through the USCIS online system, myUSCIS. If enough registrations are received to meet the H-1B cap by March 18—which will more likely happen—USCIS will randomly select registrations. USCIS will send selection notifications to myUSCIS accounts by March 31. Employers will then have 90 days to file H-1B cap petitions for selected registrants.
 

H-1B Registration Timeline

 
  • March 1: H-1B registration period opens at 12 pm eastern time
  • March 18: H-1B registration period closes at 12 pm eastern time
  • March 31: Selection notifications are sent by USCIS
  • April 1: H-1B cap-subject petitions for the fiscal year are able to be filed

H-1B Registration Process

 
To register a potential H-1B visa recipient, employers or their authorized representatives must pay a $10 fee for each prospective petition and fill out some general information about them. To register a prospective H-1B recipient, you’ll need info such as their:
 
  • Full name
  • Gender
  • Date and country of birth
  • Country of citizenship
  • Passport number, if applicable
  • Advanced degree cap qualifications, if applicable
 
USCIS will assign a confirmation number to each registration submitted to the FY 2023 H-1B cap. The number is simply used to track registrations and is not for tracking case status. 
 
To register a prospective petitioner, an organization is required to have a myUSCIS account for each Employer Identification Number (EIN) entity that will sponsor beneficiaries for the FY 2023 cap season. This is regardless of whether an employer works with an immigration attorney to submit registrations or does so on its own. It’s important to note that you cannot create a new account until February 21 and trying to create one in advance of this date can create enormous headaches down the road. 
 

How to Prepare for the H-1B Registration Process 

 
H-1B registration arrives quickly and is over seemingly just as fast. Employers should start to identify prospective H-1B visa candidates as soon as possible. Some examples of where an employee may need an H Visa: Students working under Optional Practical Training (OPT) or Curricular Practical Training (CPT) and will need an H-1B visa to be eligible to be employed in the U.S. once their OPT or CPT expires. Candidates currently in H-1B status with an H-1B cap-exempt employer (institutions of higher education or a related or affiliated non-profit entity, nonprofit research organizations, or governmental research organizations) seeking employment opportunities with cap-subject employers or candidates in other nonimmigrant work status such as TN, H-3, H-2, O-1, and J-1 but need to change their status to H-1B.
 

GoffWilson Immigration 

 
We strongly recommend starting the H-1B application process as soon as possible and no later than February 15, 2022. We can help employers to develop a sound H-1B strategy—ensuring everything from hitting key deadlines to identifying the right people to put into the H-1B process.
 
GoffWilson Immigration solely practices immigration law and has assisted thousands of employers and employees with H-1B applications over our decades in practice. GoffWilson is a valuable partner through the entire H-1B process, helping to smoothly navigate everything from registration to filing a full petition. Contact GoffWilson today to learn how we can help set you up for a successful H-1B season.
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