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  • The U.S. Citizenship and Immigration Services (USCIS) recently made a significant announcement that is crucial for small business owners to understand. The agency has temporarily increased the automatic extension period of expiring work permits for thousands of renewal applicants. Small business owners must be aware of the details and the potential impact on their business. Continue reading to learn more.

    Extending Work Permit Validity

    The temporary final rule published in the Federal Register on April 8, 2024, states the validity of employment authorization documents (EADs) will be extended from 180 days to 540 days from the EAD’s stated expiration date. U.S. employers must ensure all employees, regardless of citizenship or national origin, are authorized to work in the United States. Having an EAD is one way to prove that an individual is authorized to work in the U.S. for a specific period of time.

    This extension applies to eligible EAD renewal applicants who have properly filed renewal applications on or after October 27, 2023, as long as these applications remain pending on April 8, 2024, and the applicant’s current EAD or 180-day auto-extension period has not expired. In addition, eligible EAD renewal applicants who file their Form I-765 renewal application between April 8, 2024, and September 30, 2025, will also benefit from this extension.

    Impact On Work-Authorized Individuals And Employers

    This measure aims to prevent work-authorized individuals from experiencing a lapse in their employment authorization while waiting for USCIS to resolve pending EAD renewal applications. USCIS Director Ur Jaddou emphasized the importance of this temporary rule in ensuring continued work access for eligible individuals, acknowledging the impact of the record number of employment authorization applications on renewal mechanisms.

    Business Implications

    Small business owners should consider the potential impact of this announcement on their operations. The temporary extension will provide relief to work-authorized individuals, preventing disruptions in their employment due to processing delays. Furthermore, approximately 60,000 to 80,000 employers would have been negatively impacted if not for this extended validity period, highlighting the significant impact on businesses.

    Future Considerations

    The USCIS has also sought public comments on whether to permanently implement the maximum 540-day auto-extension or consider alternative solutions for eligible EAD renewal applicants. Small business owners should monitor these developments as they can have long-term implications for their workforce and operations.

    Biden Administration’s Prior Actions

    This is the second time the Biden administration has announced a 540-day EAD extension, reflecting the ongoing efforts to address processing delays and support work-authorized individuals. In addition, the USCIS’s shift to granting five-year EADs to eligible workers since September 2023 may mitigate future challenges related to expiring work authorization.

    Addressing Regulatory Changes With A PEO

    As small businesses adapt to the recent USCIS announcement regarding work permit extensions, the role of a professional employer organization (PEO) can step in to help. PEOs offer tailored solutions to navigate the intricacies of immigration compliance and workforce management. A partnership with GMS, a certified PEO (CPEO), allows businesses to confidently address the complexities of employment authorization, ensure adherence to regulatory changes, and optimize their operational efficiencies. With GMS’ support, businesses can proactively address the implications of the USCIS announcement, enabling them to focus on driving growth and innovation while entrusting immigration-related matters to seasoned professionals. Interested in learning more? Contact us today.

  • The H-1B visa program has long been a topic of discussion and scrutiny due to concerns regarding misuse and fraud. In response to these concerns, the U.S. Citizenship and Immigration Services (USCIS) has announced a significant change to the H-1B visa registration selection process. This change, scheduled for publication on February 2, 2024, aims to prioritize the workers named in the registrations, aiming to reduce the possibility of misuse and fraud.

    The Current Process

    Under the current process, the number of registrations submitted by employers on behalf of an individual directly impacts the individual’s chances of being selected in the H-1B visa lottery. This has led to certain practices that raise concerns about the integrity of the selection process, such as the submission of multiple registrations for the same worker to increase the chances of selection.

    The New Proposal

    Under the new proposal, each unique individual who has registration submitted on their behalf will be entered into the selection process once, regardless of the number of registrations submitted for them. This significant change is designed to improve the chances of legitimate registrations being selected and eliminate the practice of submitting multiple registrations for the same worker to increase their likelihood of selection.

    Additional Requirements

    Starting with the fiscal year 2025 registration period (March 6-22, 2024), USCIS will require visa beneficiaries to provide valid passport or travel document information with the registration. Each beneficiary must be registered under only one passport or travel document. This additional requirement is aimed at further enhancing the integrity of the registration process.

    Addressing Fraud And Misuse

    USCIS Director Ur Jaddou emphasized the agency’s commitment to bolstering integrity and curbing potential fraud while improving and streamlining application processes. The proposed improvements are expected to make H-1B selections more equitable for petitioners and beneficiaries.

    The move to shift the focus of the selection process reflects USCIS’s response to concerns about potential abuse of the H-1B lottery system. Reports of ineligible registrations submitted by multiple employers conspiring together have raised red flags about the integrity of the process. USCIS revealed that several dozen technology companies colluded to submit registrations for the same 96,000 workers, totaling 408,891 entries, in an attempt to increase their odds of selection in the H-1B lottery.

    Future Changes

    The change to the registration selection process is a pivotal part of the proposed rule overhauling the H-1B visa program. USCIS is still reviewing the bulk of the H-1B modernization proposed rule and intends to publish a separate final rule to address the remainder of the provisions in the proposal.

    The Assistance Of A PEO

    These changes are poised to impact the fairness and transparency of the H-1B visa lottery system, ultimately benefiting both employers and visa beneficiaries. Considering these changes, GMS is here to help small businesses with the H-1B visa registration selection process. GMS, a professional employer organization (PEO), offers invaluable support by providing guidance on compliance with evolving immigration regulations, streamlining the visa application process, and ensuring adherence to the new requirements set forth by USCIS. By leveraging the services of GMS, business owners can navigate the intricacies of the H-1B visa program with confidence, knowing they have a knowledgeable partner by their side. Contact our HR experts today.

  • The U.S. Citizenship and Immigration Services (USCIS) will be disposing of E-Verify records created on or before December 31st, 2012. E-Verify is an internet-based system that compares information an employer enters from an employee’s Form I-9 and employment eligibility verification to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.

    What To Know As A Business Owner

    If you’re an E-Verify employer, you have until June 23rd, 2023, to download case information from the Historic Records Report to retain information about your older E-Verify cases. You’re required to record the following:

    • E-Verify case verification number on the corresponding Form I-9
    • Employment eligibility verification 
    • Attach a copy of the case details page to the Form I-9

    It’s essential to download the Historic Records report from E-Verify at the end of every year. 

    The Historic Records report provides case data, including basic company and case identifiers and case resolution information. The case data does not include sensitive employee information such as Social Security numbers or document numbers.

    To download Historic Records, click here for instructions.

    GMS Is Here To Help

    As this deadline is approaching quickly, consider partnering with a professional employer organization (PEO) such as GMS. GMS’ HR experts ensure that E-Verify employers are prepared to download case information before it’s deleted by monitoring case status, providing guidance and support, and maintaining records. We will keep your records of all E-Verify cases, ensuring you have access to the information you need. Ultimately, we help you comply with E-Verify requirements and avoid potential penalties. Contact our HR experts to get started today.

  • U.S. Citizenship and Immigration Services (USCIS) announced that employers have until July 31st, 2022, to update employees’ Form I-9, if needed. Previously, the Department of Homeland Security (DHS) adopted a temporary policy in response to challenges individuals experienced with renewing documents during the COVID-19 pandemic.

    If an employee presented an expired List B document between May 1st, 2021, and April 30th, 2022, employers are now required to update their Forms I-9. The following are considered List B documents that must be updated:

    • Driver’s license or ID card
    • School ID with a photograph
    • Voter’s registration card
    • U.S. military card or draft record
    • Military dependent’s ID card
    • And more

    Employees still employed must provide their employer with an unexpired document establishing their identity. No action is required if:

    • The employee is no longer employed
    • The List B document was automatically extended by the issuing authority, so it was considered not expired when presented. 

    Onboarding With GMS 

    You don’t have to worry about new rules and regulations when partnering with GMS. Our experts keep you up to speed on the latest legislative changes. We take your new hires through the onboarding process. Your new employees can easily submit any required forms and sign documents through our online portal, GMS Connect. Contact us today to learn more about how GMS can save you time and money.