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Volume X, Number 337

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

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.

©2020 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume X, Number 99
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About this Author

Jang Hyuk Im, epstein becker green, labor, employment
Member

JANG HYUK IM is a Member of the Firm in the Labor and Employment practice, in the firm's San Francisco office. For more than a decade, he has advised and assisted companies in a wide range of immigration and other employment-related matters.

Mr. Im:

Counsels employers in securing all documentation, visas and permits necessary to facilitate the admission of individuals in temporary working visa classifications into the United States

Assists clients to retain these foreign nationals as full-time...

415-399-6067
Jungmin Choi, Employment, Labor and Workforce Management, Immigration Law, Epstein Becker and Green, Law Firm
Member

Jungmin Choi is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the Newark office. She concentrates her practice on employment-based immigration law. In 2016, Ms. Choi was recommended in The Legal 500 United States, for Immigration.

Ms. Choi's experience includes:

  • Advising employers in variety of industries on business-related immigration matters involving the recruitment, hiring, transfer, and retention of foreign nationals in the United States
  • ...
973-639-5226
Senior Counsel

ARIT BUTANI* is a Senior Attorney in the Immigration Law Group, in the San Francisco office of Epstein Becker Green.

Mr. Butani:

  • Provides strategic counsel to clients of all sizes and from various industries—including software companies, biotechnology companies, architecture firms, financial institutions, manufacturing companies, brand marketing companies, entertainment companies, IT consulting firms, and staffing agencies, among others—on all aspects of immigration
  • Advises on a wide range of business immigration issues, including PERM, PERM...
415-399-6026
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