Immigration updates in COVID-19 times

International borders have been closed for 18 months, U.S. embassies abroad have been operating at a limited capacity, and yet employers struggle to find and retain talent. Corporate immigration, including H-1Bs and other visas, continues to provide a solution for savvy employers. Below are the most important immigration changes within the last year.

Remote I-9 verification

Historically, I-9 forms have been completed by hand on paper, even after the creation of E-Verify. Almost two years into the COVID-19 pandemic, the U.S. government has at least temporarily shifted its stance and now permits the filing of remotely signed and verified I-9s.

In March 2020, the U.S. Department of Homeland Security (DHS) began temporarily permitting remote I-9 verification of identity and work authorization documents for newly hired and rehired employees within the Form I-9 onboarding process. The exception to the general rule came with the caveat that employers that had remotely verified I-9s would need to conduct an in-person verification when their employees return to on-site work.

Despite advancements in COVID-19 vaccination rates and treatments, the remote-work era shows no signs of letting up, which has caused ongoing ramifications for H-1B employers. The U.S. Citizenship and Immigration Services (USCIS) recently issued a notice seeking public comment about extending the temporary I-9 remote verification permissibility. The move makes it appear the agency may be considering additional flexibility moving forward beyond the virus.