On April 9, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued guidance stating that it will begin considering individuals’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests.  According to the news release, “[t]his will immediately affect aliens applying for lawful permanent resident status, foreign students and aliens affiliated with educational institutions linked to antisemitic activity.”

Under this guidance, USCIS will consider social media content that indicates that a non-citizen endorses, espouses, promotes or supports antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefits. This guidance took effect immediately on April 9.

This guidance stems from President Trump’s executive orders on Combatting Anti-Semitism (issued in 2019), Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorist and Other National Security and Public Safety Threats (both issued in 2025).  To effectuate the directives of these executive orders, the U.S. Department of Homeland Security (DHS) has stated that it will enforce the existing “relevant immigration laws to the maximum degree, to protect the homeland from extremists and terrorist aliens, including those who support antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah and Ansar Allah aka: ‘the Houthis.’”  Hamas and Hezbollah were designated as terrorist organizations by the U.S. Department of State (DOS) in 1997, Palestinian Islamic Jihad in 2014 and the Houthis in March 2025.

Under U.S. immigration law, both the USCIS and DOS have the authority to deny immigration benefits, including the issuance of a visa, entry into the United States, and permanent resident status, if a foreign national applicant has engaged in, among other things, various types of unlawful conduct or crimes or is a member of, or has assisted, any terrorist or other armed organization or is otherwise suspected of intending to do, or, having done, those things.  For decades, any foreign national who has completed a visa application or a permanent residence application is asked many questions concerning their past, present and future activities, including whether they are terrorists and/or are members of, or have provided or intend to aid terrorist organizations.  For example, the Form DS-160, the nonimmigrant visa application form used by foreign nationals to apply for a visa to enter the United States, includes the following questions:

• Do you seek to engage in terrorist activities in the United States or have you ever engaged in terrorist activities?
• Have you ever or do you intend to provide financial assistance or other support to terrorists or terrorist organizations?
• Have you ever committed, ordered, incited, assisted or otherwise participated in extrajudicial killings, political killings or other acts of violence? 

Although affirmative answers (without sufficient ameliorating explanation(s)) will likely result in denial of the immigration benefit being sought or requested, lying about such activities will also result in denial or revocation of the benefit.

For the past decade, starting with a 2015 pilot program, USCIS has monitored and screened applicants’ social media accounts in connection with their applications for immigration benefits.  In 2016, President Obama established the Social Media Division within the Fraud Detection and National Security Directorate of USCIS, which is responsible for identifying, reviewing, vetting and adjudicating cases involving national security concerns.  The Social Media Division conducts social media screenings of applicants for immigration benefits to identify security risks and to detect fraud.  Presumably, the Social Media Division will also be tasked with monitoring the activities described in this April 9th guidance issued by the USCIS.

Takeaways

Scrutiny of social media accounts for national security purposes, including the identification of terrorists and support for terrorist activity, has been a part of the visa application and immigration benefits vetting process since the Obama Administration.  The issuance of this guidance is a reminder that such monitoring occurs and that negative determinations on immigration applications may occur if social media accounts and posts reveal support for antisemitic terrorism, violent antisemitic ideologies or antisemitic terrorist organizations.

Please contact your Bond immigration attorney if you have any questions related to this information memo.

On April 11, 2025, a new rule went into effect in which the United States government will start to strictly enforce the requirement that foreign nationals register their presence with U.S. Citizenship and Immigration Services (USCIS) and be fingerprinted if they remain in the United States for 30 days or longer.

Since the 1940s, U.S. immigration law has required all aliens 14 years of age or older (with certain limited exceptions) who remain in the United States for 30 days or longer to register their presence in the United States and to be fingerprinted, if they were not already fingerprinted when applying for a U.S. visa.[1]  Most foreign nationals who visit the United States have complied with this requirement through the visa application process, the permanent residence application process, or the Electronic System for Travel Authorization (ESTA) entry process. USCIS will now start enforcing this requirement for those individuals who have not gone through these registration processes. The two main groups who have not gone through these registration processes and are primarily affected by the new rule are:  (1) Canadians who enter through land ports-of-entry and are not required to obtain visas to enter the United States; and (2) foreign nationals who entered the United States before they turned 14 and who have remained in the United States after turning 14.

On March 12, 2025, pursuant to President Trump’s January 20, 2025 Protecting the American People Against Invasion executive order directing the U.S. Department of Homeland Security (DHS) to ensure compliance with the alien registration requirement, DHS issued an Interim Final Rule (IFR)[2] that (1) requires all aliens 14 or over in the U.S. for 30 days or longer to register their physical presence in the U.S. and provide their fingerprints (if they have not already done so), (2) creates a new online registration system and (3) establishes significant penalties for failure to register. These new requirements and systems went into effect on April 11, 2025. 

This article discusses who is and who is not affected by this IFR, how to comply with the IFR, and the consequences of failing to do so.

Who Does Not Need to Register?

Most nonimmigrant and immigrant visa holders are not required to undertake this physical presence registration process and be fingerprinted under the IFR because they have already complied with these requirements through the visa application and ESTA travel authorization process. The groups of individuals who are not required to register include the following:

• Foreign nationals staying in the United States fewer than 30 days;
• Lawful permanent residents;
• Nonimmigrants who were admitted to the United States and were issued a Form I-94 (electronic or paper) or Form I-94W;
• Any non-citizen who has been issued an employment authorization document;
• Any non-citizen who has applied for U.S. permanent residence and has attended a biometrics appointment;
• A and G visa holders;
• American Indians born in Canada who possess at least 50% blood of the American Indian race and who are present in the U.S. under the authority of 8 United States Code Section 1359[RPA4] [GD5];
• Visitors admitted under ESTA; and
• Any non-citizen issued a border crossing card.

Who Must Register?

Those who must register under the IFR include all foreign nationals who remain in the U.S. for more than 30 days who have not gone through a registration and fingerprinting process in connection with an application for a nonimmigrant visa, employment authorization, permanent residence or admission into the U.S. through ESTA. These groups include the following:

• Foreign nationals remaining in the U.S. 30 days or more who enter the United States without a visa or who don’t receive a Form I-94 record (paper or electronic);
• Foreign nationals who enter the U.S. without inspection and who have not been fingerprinted in connection with any immigration application;
• Non-US citizen children under the age of 14 who have not previously registered and will remain in the U.S. for 30 days or more. Minor children will be issued proof of registration but are not required to be fingerprinted until they turn 14; and
• All non-U.S. citizen children, regardless of previous registration, who turn 14 years old in the U.S., must update their registration and be fingerprinted within 30 days after their 14th birthday, including:
  • Permanent residents who obtained their green cards when below age 14 are required to register and complete fingerprinting by submitting a Form I-90 once they reach 14 years old.
  • Non immigrant children who turn 14 while they are in the United States. Once the child turns 14, they will need to comply with the new requirement within 30 days of their birthday, even if they have previously received a Form I-94 admission record.

Registration Procedure

Those who need to register must use the Form G-325R, which must be submitted online through an individual USCIS account. The procedure is as follows:

1. Create a USCIS account in the “myUSCIS” online platform by going to the following website: https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account.
2. Select “File a Form Online” and then choose “Form G-325R” from the dropdown menu.
3. Follow the instructions to complete the Form G-325R, upload any supporting evidence. and submit the completed form once ready.
4. USCIS will issue a receipt notice once the Form G-325R has been submitted, which should be retained as proof of registration
5. Completing the Form G-325R registration will initiate the scheduling of a biometrics appointment.
6. Attend the biometrics appointment, bringing the appointment notice and a photo identification to the appointment.
7. Upon completion of the biometrics, retain the biometrics appointment notice which has been endorsed by USCIS as proof of having completed the fingerprinting.

Evidence of Registration and Penalties

The new rules require that all non-U.S. citizens over the age of 18 carry proof their registration.  For those who register under the process described above, the G-325R receipt notice and the endorsed biometrics appointment notice would constitute such evidence. For others who are not required to register under that process it might be their Form I-94, a permanent resident card or other documentation that the individual has received from USCIS.

Failure to register and/or to present valid proof may result in civil penalties of up to $5,000, imprisonment of up to 6 months, or both. Parents and/or guardians who fail to register minor children may also be held liable and subject to these same penalties.

Takeaways

Canadian citizens who enter the United States by land and who remain in the United States for more than 30 days should be cognizant of these registration requirements and make sure that they are in compliance. Similarly, parents of non-citizen children who will turn 14 should make sure to timely register their minor children’s presence in the United States in accordance with the procedures discussed above using the USCIS online account system.

Finally, as a reminder, it is important to understand that undergoing and/or completing this registration process does not confer lawful immigration status or the right to remain in the United States, nor do the documents issued as part of this registration process provide the right to remain in the United States, employment authorization to work in the United States, or any other right or benefit under the U.S. immigration laws. These documents are only proof that the individual has complied with the physical registration requirements.

Please contact your Bond, Schoeneck King, PLLC Immigration attorney if you have any questions regarding registration requirements and the registration process.

[1] The current law, Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), was enacted in 1952.

[2]https://www.federalregister.gov/documents/2025/03/12/2025-03944/alien-registration-form-and-evidence-of-registration#:~:text=DATES%3A-,Effective%20date%3A%20This%20IFR%20is%20effective%20April%2011%2C%202025.,received%20by%20April%2011%2C%202025

On Dec. 18, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a final rule introducing significant changes to the H-1B nonimmigrant visa program. This rule aims to modernize the H-1B process, improve program efficiency, offer new benefits and flexibilities, and implement enhanced integrity measures. While the changes primarily affect H-1B specialty occupation workers, other nonimmigrant classifications, including H-2, H-3, F-1, L-1, O, P, Q-1, R-1, E-3 and TN categories, will also see impacts.

Key Updates

The new H-1B eligibility requirements and accompanying changes will apply to petitions filed on or after Jan. 17, 2025. At that time, USCIS will require a revised Form I-129 for all filings. A preview of the updated form is currently available on the USCIS website.

In response to public comments, USCIS highlighted several key revisions and removals from the proposed rule (NPRM) in the final regulation. One significant change involves the definition of “specialty occupation.” The proposed rule previously specified that if a petitioner required only a general degree, such as “business administration” or “liberal arts,” without further specialization, the occupation would not qualify as an H-1B “specialty occupation.” References to these degrees were removed in the final rule. This change shifts focus to the “beneficiary’s actual course of study” rather than solely the degree title, emphasizing the relevance of the education to the job.

Under the final rule, a position qualifies as an H-1B “specialty occupation” if it requires the theoretical and practical application of highly specialized knowledge and mandates at least a bachelor’s degree in a “directly related” specific specialty or its equivalent. A “directly related” degree is defined as one with a “logical connection between the required degree and the duties of the position.”

For positions where a bachelor’s degree in a specific specialty is “normally” the minimum requirement, petitioners do not need to prove that it is always the minimum. DHS clarified that “normal” is interpreted as “usual, typical, common, or routine,” and rejected a proposal to use the preponderance of the evidence standard (“more likely than not”) for this determination.

When petitioners specify a range of acceptable degree fields, they must demonstrate that each field is “directly related” to the job’s duties. Each degree must equip the beneficiary with the specialized knowledge required to perform the job. The petitioner bears the burden of proving how each field of study represents a “specific specialty” directly connected to the position’s responsibilities.

USCIS has also updated the requirements for H-1B cap exemptions. Nonprofit and governmental research organizations must now demonstrate that research is a “fundamental activity” rather than their primary mission.

To qualify for the ACWIA fee exemption, a nonprofit organization must now be recognized by the Internal Revenue Service (IRS) as tax-exempt under sections 501(c)(3), (c)(4) or (c)(6). Previously, regulations required that nonprofits not only be tax-exempt under these IRS sections but also have specifically obtained IRS approval for tax-exempt status for research or educational purposes.

USCIS has removed the requirement for detailed itineraries covering the full validity period of the petition. However, petitioners must still establish that the position will exist as of the start date. For third-party placements, specialty occupation requirements will now be based on the job criteria of the third-party organization. Supporting evidence such as contracts, statements of work, or client letters will remain necessary.

Expanded authority for site visits will allow USCIS to inspect not only petitioner worksites but also third-party locations and private residences where remote work occurs. Refusal to cooperate during site visits may lead to petition denial or revocation.

Amended petition requirements have been clarified to codify existing guidance, including when new Labor Condition Applications (LCAs) are unnecessary (e.g., for short-term placements). USCIS has also codified its deference policy, meaning prior determinations involving the same parties and facts will generally be deferred to, barring material errors, changes or new adverse information.

Under the new rule, H-1B Cap-Gap extensions may continue until April 1 of the fiscal year for which the non-frivolous petition was filed or until the start date of the H-1B petition if approved, whichever occurs first. Previously, H-1B Cap-Gap extensions lasted until Sept. 30, the day before the start of the fiscal year associated with the petition.

The new rule under 8 CFR 214.2(h)(9)(ii) adds a provision for H-1B petitions approved after the requested validity period. USCIS may issue an RFE allowing petitioners to amend the dates. If the new dates exceed the Labor Condition Application (LCA) validity, a new LCA must be submitted. Changes to employment dates or wage increases are not considered material changes if the position remains the same. If no amendment is requested or no RFE is issued/replied to, the petition is approved for the original period without status changes or extensions.

Action Items

We recommend that clients review current and planned filings in light of these new rules. For those with upcoming H-1B or other nonimmigrant petitions, it is critical to prepare for the changes to eligibility requirements, updated forms and enhanced compliance measures.

If you have any questions, please contact Kseniya Premo, any attorney in the firm’s immigration or labor and employment practices, or the Bond attorney with whom you have regular contact. We are here to help ensure a smooth transition and compliance with the new regulations

As we reported in our recent information memo, COVID-19 has created an evolving immigration environment. The related federal agencies and the White House have responded with a number of temporary policy and procedural changes to help minimize the spread of the virus in the U.S. and to help employers comply with various laws during this extremely challenging time. It remains essential for employers to maintain immigration compliance during the COVID-19 emergency and to take the steps necessary to maintain the nonimmigrant status and work authorization of their foreign national employees. In addition, now that businesses and organizations are beginning to reopen pursuant to government guidelines, employers are advised to keep abreast of the latest legal developments and various obligations they may have over the next few months as we slowly return to our workplaces.

Read More >> Business Immigration in the Era of COVID-19 Update: Presidential Proclamations, Travel Restrictions, Resumption of Premium Processing and the Reopening of USCIS

New York has for many years had a law on the books that prohibits employers from retaliating against an employee because the employee has complained about an alleged violation of the wage and hour laws.  Specifically, New York Labor Law Section 215 states that an employer may not "discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee" because the employee complained of an alleged violation of the Labor Law or otherwise cooperated with a Department of Labor or Attorney General investigation regarding an alleged violation of the Labor Law.

On July 29, 2019, Governor Cuomo signed legislation amending the statute to specify that the phrase "threaten, penalize, or in any manner discriminate or retaliate against any employee" includes threatening to contact or contacting United States immigration authorities or otherwise reporting or threatening to report the citizenship or suspected immigration status of an employee or an employee's family member.  The legislation is effective 90 days after the date on which the Governor signed it.

Read More >> Recent New York Legislation Prohibits Employers From Threatening to Report an Employee's Suspected Immigration Status in Retaliation for Labor Law Complaints

As you know from the August 2, 2018 Higher Education Law Report, the U.S. Citizenship and Immigration Services’ (“USCIS”) policy memorandum dramatically changing the way USCIS calculates unlawful presence for students and exchange visitors in F, J and M nonimmigrant status and their dependents took effect on August 9, 2018. Very late in the evening of August 9, 2018, USCIS released a revised final policy memorandum which supersedes the prior one and addresses unlawful presence for F and M nonimmigrants with timely filed or approved reinstatement applications and J nonimmigrants who are reinstated by the U.S. Department of State, the agency that administers the J-1 exchange visitor program.

Read More >> VERY LATE BREAKING NEWS: USCIS Issues Revised Final Guidance on Unlawful Presence for Nonimmigrant Students and Exchange Visitors

August 9, 2018, the effective date of U.S. Citizenship and Immigration Services' (“USCIS”) policy memorandum that dramatically changes the way USCIS will calculate unlawful presence for students and exchange visitors in F, J and M nonimmigrant status and their dependents, is just around the corner. As such, it is essential for Designated School Officials (“DSO”) on college and university campuses to remind nonimmigrant students and exchange visitors of the upcoming policy change to ensure that they do not violate it and jeopardize their stay in the U.S.

Read More >> As the Fall Semester Gets Underway, Colleges and Universities Should Remind Nonimmigrant Students and Exchange Visitors of New Unlawful Presence Policy to be Implemented by USCIS Beginning August 9, 2018

Two federal judges have blocked President Trump’s third try at implementing a nationwide travel ban.

The first ruling blocking the administration from enforcing the September 24th Presidential Proclamation, which restricts travel into the U.S. by foreign nationals from eight countries, came from the U.S. District Court for the District of Hawaii on Tuesday, October 17, 2017, just hours before the travel ban was scheduled to go into effect. The Hawaii District Court issued a temporary restraining order (“TRO”), basing its decision on the same analysis used by the Ninth Circuit Court of Appeals when it set aside the earlier version of the travel ban – that is, that President Trump exceeded his authority under statutory federal immigration law. As a result of the TRO, nationals from Chad, Iran, Libya, Somalia, Syria and Yemen are exempt from the travel ban, but nationals from North Korea and Venezuela remain subject to the travel restrictions set forth in the Presidential Proclamation.

In his decision, Judge Watson noted that the latest travel ban is being challenged in part because the original travel ban, issued back in January of this year, was an attempt to create a “Muslim Ban”, and President Trump “has never renounced or repudiated his calls for a ban on Muslim immigration.” He wrote that the third iteration of the ban “suffers from precisely the same maladies as its predecessor”, and that it “plainly discriminates based on nationality” in a way that is opposed to federal law.

The second ruling, issuing a preliminary injunction blocking the ban from being enforced, came from the U.S. District Court for the District of Maryland on Wednesday, October 18, 2017. In a narrower decision, Judge Chuang blocked the administration only from enforcing the travel ban against travelers from Iran, Libya, Somalia, Syria, Yemen and Chad with a “bona fide relationship” with people or institutions in the U.S. Judge Chuang found that the Presidential Proclamation violated the First Amendment’s establishment clause since it is aimed at Muslims.

In response to the injunctions, the Justice Department has stated that it plans to appeal the Hawaii District Court’s ruling. We anticipate that the Maryland District Court ruling will also be appealed. In the meantime, the TRO and preliminary injunction are intended to maintain the status quo.

We will continue to apprise clients regarding any developments as they unfold.

On September 24, 2017, President Trump issued a new Presidential Proclamation entitled, “Presidential Proclamation Enhancing Vetting Capabilities and Process for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats.”  The Proclamation serves as a replacement for the travel ban implemented via Executive Order 13780, which was issued by President Trump on March 6, 2017.  The travel ban components of Executive Order 13780 expired on the same date as the Proclamation’s release.

The new Proclamation applies to a total of eight nations.  Five of these eight countries were previously included in Executive Order 13780 — Libya, Iran, Syria, Yemen, and Somalia.  Three additional countries — Chad, Venezuela, and North Korea — have been added in the Proclamation.  Notably, Iraq and Sudan have been removed from the travel ban list; however, the Proclamation explicitly recommends “additional scrutiny” for Iraqi nationals seeking permission to travel to the United States.

The Proclamation puts forth varying restrictions to each of the eight listed countries based on the U.S. government’s assessment of the security risk posed by the nationals from each of those countries.  For example, the Proclamation suspends all nonimmigrant and immigrant entries of citizens from North Korea and Syria, but permits the nonimmigrant entry of Somali citizens who have undergone enhanced screening and vetting processes.

For foreign nationals already subject to the travel restrictions of Executive Order 13780 (and who do not have a bona fide relationship with a person or entity in the United States), the Proclamation’s restrictions take effect immediately.  For all others, the Proclamation’s restrictions will go into effect on October 18, 2017.

As written, the restrictions set forth in the Proclamation appear to be indefinite, although, at the President’s directive, countries can be removed from the travel ban list based on the government’s review of an affected country’s security risks and a recommendation for removal by the Secretary of the Department of Homeland Security.  The Proclamation also contains a carve-out to allow additional countries to be added to the list in the future.

Similar to Executive Order 13780, the Proclamation does not apply to entry into the United States for the following individuals:

• any foreign national with a valid visa as of the effective date of the Proclamation;
• a lawful permanent resident of the United States (green card holders);
• any person paroled into the United States on or after the effective date;
• any person holding a valid travel document in effect on the effective date;
• any dual nationals of a country covered by the Proclamation when the individual is traveling on a passport issued by a country that is not covered by the Proclamation; and
• any person on a diplomatic visa or others, such as those granted asylum or already admitted to the United States as refugees.

Finally, the Proclamation states that a case-by-case waiver may be issued by consular and border officers, where appropriate, as determined by either the Department of Homeland Security and/or the Department of State.

Not surprisingly, after the Proclamation’s release, the U.S. Supreme Court cancelled the oral argument previously scheduled for those cases seeking to challenge Executive Order 13780.  Instead, the Court has directed the relevant parties to submit briefs on whether the Proclamation renders moot those cases challenging Executive Order 13780.

We will continue to report on any additional developments as they unfold.

On September 5, 2017, Attorney General Jeff Sessions announced the Trump administration’s formal plan to end the Deferred Action for Childhood Arrivals (“DACA”) program.

DACA was implemented in 2012, through an executive order by former President Barack Obama.  DACA allows illegal immigrants who entered the U.S. as minors to receive a renewable two-year period of deferred action.  In addition, DACA recipients are eligible to receive an employment authorization document (“EAD”), which allows them to work legally in the U.S.  Currently, about 800,000 individuals are participating in the DACA program.  The Trump administration’s decision to phase out the DACA program will end the work authorization of DACA beneficiaries and open the doors for their deportation.

The DACA program is scheduled to end in six months, on March 5, 2018.  As of September 5, 2017, the Department of Homeland Security (“DHS”) no longer accepts new DACA/work permit applications.  Individuals whose DACA/work permit expires prior to March 5, 2018 may apply for a two-year renewal, but their application must be received by the DHS on or before October 5, 2017.

Meanwhile, for planning purposes, employers may wish to identify those individuals who are employed pursuant to DACA work permits by reviewing the I-9 forms and copies of the I-9 documents (if any) already on file.  The individuals with DACA work permits will have EADs with a “C33” category and will remain employment authorized until the expiration date of their EADs.  Employers must reverify the employment authorization of these employees by completing Section 3 of Form I-9 no later than the expiration dates on the EADs.  Individuals who are unable to provide evidence of their continued employment authorization can no longer be employed.

As expected, the Trump administration’s decision to phase out the DACA program is already facing challenges in courts.  On September 6, 15 states and the District of Columbia filed a lawsuit in the federal court for the Eastern District of New York opposing DACA’s termination.  There is also the possibility that Congress will pass a bill to either reinstate the DACA program or replace it with a similar program.  We will provide you with updates regarding the status of the DACA program as they become available.

Last week, a spokesperson for the U.S. Citizenship and Immigration Services (USCIS) confirmed that in-person interviews will now be required for employment-based nonimmigrant visa holders (e.g., H-1B, O-1, etc.) applying to adjust their status to permanent residents (“green card” holders).  Information currently available from the USCIS indicates that this interview requirement is expected to take effect on October 1, 2017.  This mandate appears to be a result of the Trump administration’s plan to apply “extreme vetting” to immigrants and visitors traveling to the U.S.

Traditionally, employment-based adjustment of status applicants have not been interviewed as part of the process, unless deemed necessary by the government. The interview mandate will most likely lengthen the processing times for green card applications as approximately 130,000 employment-based applications are filed annually with the USCIS.  Currently, the USCIS is taking more than 6 months to process employment-based green card applications at its various service centers throughout the United States.

There is no word on where the USCIS intends to conduct interviews pursuant to this mandate. We will provide updates as additional information becomes available.

Today, July 17, 2017, the United States Citizenship and Immigration Services (“USCIS”) released a new Form I-9 to replace the prior form which it released back in late January  of this year. For now, employers will have a 60-day grace period, giving them the option to use the updated form (Rev. 07/17/17 N) or continue using the previous Form I-9 (Rev. 11/14/2016 N) until September 17, 2017. As of September 18, 2017, however, employers must use the updated form for the initial employment verification for all new hires, as well as any applicable employment re-verifications. All prior versions of the Form I-9 will no longer be valid. The new Form I-9 has an expiration date of August 31, 2019.

Initially, the planned revisions to the Form I-9 were primarily meant to address USCIS’ proposed International Entrepreneur Rule, which was originally set to go into effect on July 17, 2017. Under the proposed rule, a foreign passport and Form I-94 indicating entrepreneur parole would be considered acceptable documentation for a foreign entrepreneur to use for employment eligibility verification purposes.  However, with the Trump administration’s freeze on all new regulations, the effective date for the International Entrepreneur Rule has been pushed back until March 14, 2018. Despite the delayed effective date for the proposed rule, the USCIS has still implemented a number of revisions to the form.

The good news for employers is that the current changes are relatively minor and should not have a major impact on the hiring and employment verification process. A summary of the revisions to the new Form I-9 appears below.

Revisions to the Form I-9 instructions:

• The anti-discrimination and privacy act notices on the instructions are revised to change the name of the Office of Special Counsel for Immigration-related Unfair Employment Practices to its new name, “Immigrant and Employee Rights Section”.
• The phrase “the end of” is removed from the phrase “the first day of employment”.

Revisions related to the List of Acceptable Documents on Form I-9:

• The Consular Report of Birth Abroad (“Form FS-240”) has been added as a new “List C” document. Employers completing Form I-9 online are now able to select Form FS-240 from the drop-down menus available in List C of Section 2 and Section 3. E-Verify users are also able to choose Form FS-240 when creating cases for employees who have presented this document for Form I-9.
• All certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) are now combined into one selection within List C.
• As a result of the combination, all List C documents (with the exception of the Social Security card) are now renumbered.

According to a press release issued by the USCIS, in an attempt to make the revised Form I-9 more user friendly, all of the latest changes to the form will be included in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274).

Although the changes to Form I-9 are minimal, with the new administration’s heightened immigration enforcement, employers should consider reviewing their I-9 procedures and records to ensure compliance with the Immigration Reform and Control Act (“IRCA”). If you have questions about the new Form I-9 or I-9 compliance issues, please contact the Bond Immigration Practice Group.