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Wednesday, December 09 2020

Temporary Protected Status (TPS) Work Documents are now extended automatically for: El Salvador, Haiti, Nicaragua, Sudan,  Honduras, and Nepal until October 4, 2021.

We expect extensions to continue for s long as the preliminary injunction ordered by the court in Ramoset al v. Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) remains in effect, or by other order of the court.

TPS for current beneficiaries under the designation will continue, provided that they properly re-registered for TPS during at least one of the registration periods for their country. If you have not re-registered during at least one of the following registration periods, you should file now and explain your reasons for filing late.

For country specific guidance please see the links below to the latest information available for I-9 compliance. 

Nepalhttps://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-nepal

El Salvadorhttps://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-el-salvador

Haitihttps://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti

Nicaraguahttps://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-nicaragua

Sudanhttps://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-sudan

Hondurashttps://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-honduras

Posted by: Christopher M. Pogue, Esq AT 01:00 pm   |  Permalink   |  Email
Monday, December 07 2020

Naturalization ceremonies in Soutwest Ohio, whether scheduled to occur in the courthouse or at off-site locations, are suspended until further order of this Court.

Ceremonies will automatically be rescheduled by USCIS as Covid 19 restrictions allow.

More information can be: https://www.ohsd.uscourts.gov/

Posted by: Christopher M. Pogue, Esq AT 01:00 pm   |  Permalink   |  Email
Wednesday, December 02 2020

USCIS announced that DHS is extending the validity of certain Forms I-797 due to continued EAD delays to 2/1/21.

To complete Form I-9, employees requiring verification who are waiting for EAD may continue to present a Form I-797, with a notice date on or after 12/1/19 through 8/20/20 and indicating that USCIS has approved the employee’s Form I-765, through 2/1/21 as a List C #7 document.

Previously USCIS indicated:

Due to the extraordinary and unprecedented COVID-19 public health emergency, the production of certain Employment Authorization Documents (Form I-766, EAD) is delayed.  As a result, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of an Application for Employment Authorization (Form I-765) as a Form I-9, Employment Eligibility Verification, List C #7 document that establishes employment authorization issued by the Department of Homeland Security pursuant to 8 C.F.R. 274a.2(b)(1)(v)(C)(7), even though the Notice states it is not evidence of employment authorization.  Employees may present their Form I-797 Notice of Action showing approval of their I-765 application as a list C document for Form I-9 compliance until December 1, 2020.

THE I-797 NOTICE OF ACTION DESCRIBED ABOVE DOES NOT PROVE EVIDENCE OF IDENTITY OR SERVE AS A LIST A DOCUMENT ESTABLISHING BOTH IDENTITY AND EMPLOYMENT AUTHORIZATION OR A LIST B DOCUMENT ESTABLISHING IDENTITY FOR FORM I-9 PURPOSES.

For Form I-9 completion, employees who present a Form I-797 Notice of Action described above for new employment must also present their employer with an acceptable List B document that establishes identity. The Lists of Acceptable Documents is on Form I-9.  Current employees who require reverification can present this Form I-797 Notice of Action as proof of employment authorization under List C.

By December 1, 2020, employers must reverify employees who presented this Form I-797 Notice of Action as a List C document. These employees will need to present their employers with new evidence of employment authorization from either List A or List C.

We encourage employers to accept new EADs presented by employees as soon as they receive them from USCIS prior to December 1, 2020, to satisfy the reverification requirement.  However, it is the employees’ choice whether to present their new EADs, or a different document from either List A or List C.

Posted by: Christopher M. Pogue, Esq AT 10:14 am   |  Permalink   |  Email
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The Pogue Law Firm LLC
Of Counsel with the Fleischer Law Firm LLC
810 Sycamore Street, 2nd Floor - Cincinnati, Ohio 45202            



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