USCIS Publishes Final Rule Amending I-9 Regulations.

Jul 23, 2010: On July 22, 2010, USCIS published in the Federal Register a final rule that made minor changes to the rule related to electronic employment eligibility verification. The final rule now states that employers and recruiters/referrers who are required to complete and retain the I-9 Form may, for a fee, sign the form electronically and retain a digital version of the form.

Additionally, the final rule clarifies that employers are required to complete a new hire’s I-9 Form within three business days of hire (not calendar days). The rule states that employers may use paper, electronic systems or a combination of the two in their I-9 compliance management. Additionally, employers are able to change electronic storage systems, as long as those systems meet the requirements of federal regulations. Employers do not, the rule states, need to maintain an audit trail of each time an I-9 Form is viewed; instead, they must maintain records of when the form was created, completed, updated, modified, altered or corrected.

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USCIS Publishes Proposed Fee Waiver Form.

Jul 21, 2010: Last week, USCIS proposed for the first time a standardized fee waiver form that would provide relief for financially disadvantaged people seeking immigration services from the federal agency. USCIS posted a notice in the Federal Register and are currently seeking public comments on proposed Form I-912, the Request for Individual Fee Waiver.

This proposed fee waiver form is based on information gathered in meetings and collaborations with various stakeholders. The form will provide a standardized way for applicants and petitioners to submit fee waiver requests to USCIS by clearly delineating criteria for the waiver to applicants; this will provide consistency to the process of requesting a fee waiver.

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USCIS Announces the Approval of 10,000 U Visas in Fiscal Year 2010.

Jul 16, 2010: USCIS announced this week that it has approved 10,000 petitions for the U Visa in Fiscal Year 2010, marking the first time that the federal agency has reached the statutory maximum for that visa category. The U Visa was created in the Victims of Trafficking and Violence Protection act, which was legislation aimed at strengthening law enforcement’s ability to investigate and prosecute cases of domestic violence, sexual assault, human trafficking and other crimes, while providing protection to the victims of those crimes.

“Through the U visa, USCIS is able to provide crime victims with critical immigration protection, allowing law enforcement officials to protect victims and bring the perpetrators of crimes to justice,” said Alejandro Mayorkas, Director, USCIS. “Through our partnership with both law enforcement and service providers, and through the dedicated work of our staff, we were able to reach – and provide this vital benefit to – thousands of deserving individuals.”

USCIS will again issue U Visas on October 1, 2010, the first day of the next fiscal year. Until that time, USCIS will accept petitions for the U visa; conditionally approved petitioners will be placed on a waiting list.

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USCIS Extends Temporary Protected Status Registration Period for Haitian Nationals.

Jul 14, 2010: This week, USCIS announced that they will extend the registration period for Temporary Protected Status (TPS) for all eligible Haitian nationals. The initial period for TPS registration for Haitian nationals was from January 21, 2010 through July 20, 2010. This period has now been extended through January 18, 2011.

The Department of Homeland Security had previously published a notice in January 2010 that announced TPS designation for Haiti for an 18 month period. This TPS designation only applies to Haitian nationals who have continually resided in the U.S. since January 12, 2010 and not to those who first entered the U.S. after that date.


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