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Employers are required to have employees complete Form I-9 when onboarding an employee. This is the federal government’s mechanism for ensuring that employers only hire individuals with employment authorization. The Form I-9 has been around since 1986. As of August 1, 2023, the US Citizenship and Immigration Services (USCIS) issued a new Form I-9. Employers may use the current version of the Form I-9 (edition dated 10/19/2019) until October 31, 2023. Thereafter, employers must use the 8/1/2023 edition.

One welcome change to the Form I-9 process is an option for employers to verify employee documents remotely. Other than special accommodations made...

Normally, when an employer hires an individual, the employer must verify that the individual has proper documentation to show that the individual has employment authorization to work for the employer. This is done through the employer’s completion of the Form I-9 and the employee’s demonstration of the documentation in person. When the COVID-19 pandemic arose in March 2020, employers had the option to review such documentation remotely. As employees return to the workplace, U.S. Immigration Customs and Enforcement (ICE) announced that employers must conduct in-person verification of the documents that were previously reviewed remotely. As we shared in an earlier...

The Department of Homeland Security’s (“DHS”) COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. Prior to the onset of the COVID pandemic, employers were required to complete the Form I-9 and do in-person verification of an individual’s employment authorization documents. In response to COVID-19 safety measures in 2020, DHS provided some flexibilities as an alternative to an in-person inspection.

With the end of the temporary flexibilities, employers will need to complete in-person physical document inspections by August 30, 2023 for employees whose documents were inspected remotely during the temporary flexibilities. Authorized representatives can...

When is the H-1B lottery for 2023?

USCIS announced that the initial registration period for the upcoming H-1B lottery will run from March 1, 2023 (noon) until March 17, 2023 (noon). Employers and attorneys will be able to register individuals needing an H-1B visa at any time during this period. Preference will not be given to those who register earlier. If by noon March 17, 2023 there are more registrants than available H-1B numbers, USCIS will conduct a random lottery afterwards. We anticipate that the results of the lottery will announced towards the end of March.

Please note that should a...

We are happy to announce the promotion of Mi-Rang Yoon as Partner effective January 1, 2023. Mi-Rang has been practicing for over 20 years with a number of reputable immigration practice groups and joined Clark Lau LLC in 2019 as a Senior Immigration Associate. Mi-Rang's clients recognize her for taking the time to tackle complex immigration matters and her thorough approach. Mi-Rang joins Magaly Cheng, Eric Lockwood, and Vince Lau on the leadership team at Clark Lau LLC as we head into 2023.

On November 12, 2021, the US Citizenship and Immigration Services (USCIS) announced that spouses of nonimmigrants in the E-1, E-2, E-3, and L-1 status did not have to file for separate employment authorization documents to prove that they were eligible to work in the United States. Their status alone was sufficient. That said, non-spouse dependents of such nonimmigrants remained unauthorized to work. The practical question then was how the spouses would be able to prove to prospective employers their employment authorization.

On January 30, 2022, USCIS and Customs and Border Protection (CBP), the agency that handles the admission of nonimmigrants into...