Federal Compliance Updates June 2022

Certain Visa Categories Granted Extensions
Effective May 4, 2022, U.S. Citizenship and Immigration Services increased the automatic extension period for employment authorization for certain Employment Authorizations Documents to up to 540 days.

The extension only applies to specific EAD categories, including refugees, asylum seekers and spouses of certain H-1B visa holders, among others.

Remote Form I-9 Document Review Extended Through October 31
U.S. Immigration and Customs Enforcement (“ICE”) has once again extended the approval for remote review of an employee’s identity and employment authorization documents for Form I-9 when that employee will be working remotely. These provisions have been extended until at least October 31, 2022.

Once normal operations resume, employers must inspect documents in person and note “COVID-19” as the reason for the delay in the “additional information” field, as well as “documents physically examined” with the date of inspection to that field or Section 3 as appropriate. Alternatively, the form also allows an employer to appoint a representative to review new hires’ documents. Examples of such a representative include a law firm, a vendor, a notary, or a local employee. Please note that some states or local jurisdictions may have specific restrictions for who is authorized to review the employee documentation.

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