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Department of Homeland Security Updates
Nov 19, 2020 8:30:00 AM
H-1B Nonimmigrant Visa Classification
The Department of Homeland Security (DHS) has released an interim final rule regarding the H-1B Nonimmigrant Visa Classification rule. This is effective 12/7/20.
The interim final rule:
- Limits the definition of specialty occupation to focus on the degree requirements and the duties of the position so that it may be more difficult to hire workers in innovative fields;
- Requires corroborating evidence of work in a specialty occupation that petitioners show that a specific bachelor's degree is always (formerly normally) a requirement for the position;
- Revises the definition of worksite, third-party worksite and US employers so that contractors (third-party staffing agencies) may qualify if the contractors based on a showing of an employment relationship;
- Clarifying how the US Citizenship and Immigration Services (USCIS) determines whether an employment relationship exists based on the totality of the circumstances, rather than a factor (e.g., right to control);
- Limits the validity period for third-party placement H-1B petitions to one year (formerly three years). The term is renewable on an annual basis; and
- Codifies scope of USCIS Fraud Detection and National Security Officers worksite inspections.
Learn more here: https://www.federalregister.gov/documents/2020/10/08/2020-22347/strengthening-the-h-1b-nonimmigrant-visa-classification-program
DHS Extends Form I-9 Requirement Flexibility
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 Verification, due to COVID-19.
This temporary guidance was set to expire November 19. Because of ongoing precautions related to COVID-19, DHS has extended this policy until December 31, 2020.
This provision only applies to employers and workplaces that are operating remotely. See the original news release for 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.
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. Please see COVID-19 webpage for more information.
Previous Updates
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