January 29, 2021
Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our clients as well as employers and consumer reporting agencies generally.
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The Department of Homeland Security has again extended its flexibility regarding the requirement for employers to physically inspect documents presented for section 2 of the Form I-9, this time extending the flexibility until March 31, 2021. Originally announced on March 19, 2020, and extended several times since then, this policy allows employers that are operating 100% remotely due to COVID-19, to defer the physical presence requirements associated with section 2 of the Form I-9 (but if there are employees physically present at the work location, in-person document inspection is required). Once normal operations resume, employees who were on-boarded during this time must report to their employer within three business days for in-person verification of the document(s) presented for section 2 of the Form I-9. Also, although the in-person requirement is currently waived if operating 100% remotely due to COVID-19, the Form I-9 must still be completed within three business days of hire. Click here to read more.
- U.S. Citizenship and Immigration Services (USCIS) published a final rule that will modify the H-1B cap selection process. Under the rule, USCIS will do away with the current lottery system and instead prioritize selection of H-1B cap-subject petitions based on the highest Occupational Employment Statistics (EOS) prevailing wage level. The final rule is set to take effect March 9, 2021. However, the Biden Administration issued a memorandum on January 20, 2021 allowing any final rule that has already been published—as is the case here—to be postponed for 60 days from the rule’s effective date. Stay tuned for developments. Click here and here to read more. Click here and here to read more.
- The deadline for consumer reporting agencies (CRAs) to transfer their Maryland registration to NMLS has passed. According to a bill passed in 2018, CRAs operating in Maryland are required to register as a CRA and post a surety bond with the state. In October 2020, a final order was adopted requiring all CRAs (i.e., existing and new registrants) to transfer their registration over to the Nationwide Multistate Licensing System (NMLS) on or before December 31, 2020. Click here for the registration website.
- USCIS has announced that beginning in January 2021, it will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (“Green Card”), with a revised Form I-797, Notice of Action. LPRs file Form I-90, Application to Replace Permanent Resident Card, when their Green Cards expire or are about to expire. The revised Form I-797 notice will serve as a receipt notice for the Form I-90. When presented together with the Green Card, the revised Form I-797 notice will extend the Green Card’s validity for 12 months from the date on the front of the Green Card and will serve as temporary proof of the LPR’s status. Click here to read more.
- The Department of Justice Immigrant and Employee Rights Section (“DOJ IER”) announced a settlement with IT consulting company, Quantum Integrators Group (“Quantum”), resolving a complaint filed by an employee alleging that Quantum discriminated against her by requiring her, based on her status as a lawful permanent resident, to provide unnecessary documentation before it would refer her for an employment opportunity. This is the fourth settlement announced by DOJ IER this month resolving alleged violations of the Immigration and Nationality Act (“INA”) anti-discrimination provisions. The INA prohibits employers from requesting more or different documents than necessary to prove eligibility to work based on employees’ citizenship, immigration status, or national origin; in other words, employees are allowed to choose which valid, legally acceptable documents they present to demonstrate work authorization. Click here to read more.
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Montserrat C. Miller |
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Erin E. Doyle |
The information presented provides a general summary and/or recent legal and regulatory developments. It is not intended to be, and should not be relied upon as legal advice.
