A new Form I-9 will be released on August 1, 2023. Employers can continue using the existing version of Form I-9 (edition: 10/21/2019) through October 1, 2023 but thereafter, Form I-9 with a version date of 8/1/2023 must be used to comply with employment eligibility verification requirements.
An optional alternative to the in-person physical document examination will be available to employers on August 1, 2023 as well. It will only be available to qualified employers enrolled in E-Verify. For more information, see https://www.uscis.gov/newsroom/alerts/uscis-to-publish-revised-form-i-9. This is very welcome news!
The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced on May 4, 2023 that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. DHS encourages employers who have been using those temporary flexibilities to plan ahead to ensure that all required physical inspection of identity and employment eligibility documents is completed by Aug. 30, 2023.
U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using our online H-1B registration system.
USCIS will assign a confirmation number to each registration submitted for the FY 2024 H-1B cap. This number is used solely to track registrations; you cannot use this number to track your case status in Case Status Online.
Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Prospective petitioners submitting their own registrations (U.S. employers and U.S. agents, collectively known as “registrants”) will use a “registrant” account. Registrants will be able to create new accounts beginning at noon Eastern on Feb. 21.
Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 1 to enter beneficiary information and submit the registration with the $10 fee. Prospective petitioners or their representatives will be able to submit registrations for multiple beneficiaries in a single online session. Through the account, they will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.
If USCIS receives enough registrations by March 17, they will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. If they do not receive enough registrations, all registrations that were properly submitted in the initial registration period will be selected. USCIS intends to notify account holders by March 31.
Beginning January 25, 2023, USCIS will resume bundling the adjudication of Forms I-539 and I-765 for the spouses and minor children of H-1B and L-1 nonimmigrants along with the underlying Form I-129 if the forms are filed concurrently. USCIS will adjudicate these applications together whether the I-129 petition is filed under regular or premium processing. This bundled process will be in effect for two years. The announcement did not clarify whether this applies to pending cases or merely cases filed 1/25/2023 or later.
We will be registering H-1B cap cases in March for submission in the lottery for FY2024.
Attention employers: If you have employees who need to be registered for the lottery, contact me as soon as possible to make sure you don’t miss a lottery opportunity this year.
Effective December 12, 2022, USCIS is extending the validity of green cards for 24 months upon filing an Application for Naturalization (N-400). The N-400 receipt notice and the expired green card will serve as evidence of lawful permanent residence status and satisfy the identity and employment authorization documentation for Form I-9, if presented before the 24-month extension period expires. This will eliminate the need to file for a replacement green card (Form I-90) in some cases.