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USCIS has been delaying issuance of approved work permits. This means that employees are unable to produce approved work permits in time for I-9 updates.
US Employers also need to be aware of USCIS printing delays that are causing employment authorized individuals to not receive their documents on time even though they timely filed for these documents, and USCIS has approved. According to a recent article by the Washington Post, USCIS has laid off contractors that assisted with printing of documents, and they have reduced USCIS workforce at their internal printing locations.
Because of these printing stoppages and delays, individuals with approved Permanent Residency and approved work authorization do not have the necessary documents to present to Employers. US Employers are now faced with the difficult decision between strict compliance with the I-9 technical requirements and losing valuable work authorized employees because USCIS has simply not printed the employees’ approved work authorization documents on time.
Employers should seek legal advice from their corporate immigration lawyer in each specific case before taking action against work authorized employees in these situations.
Leyla McMullen
Business Immigration Attorney MDIVANI CORPORATE IMMIGRATION LAW FIRM
NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to our situation
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.