On September 4, 2024, U.S. District Judge J. Campbell Barker for the Eastern District of Texas, Tyler Division, signed an Order denying the Motion of the U.S. Department of Homeland Security (DHS) to lift his prior Order...more
U.S. Citizenship and Immigration Services (USCIS) continues to keep spouses and stepchildren of U.S. citizens in suspense regarding the process and requirements for filings that may be made on Monday, August 19, 2024, for...more
Previously published in Healthcare News and Healthcare Michigan. A recent commentary offers a stark glimpse into future healthcare demands (Harris & Marshall, 2024). During the first two years of the pandemic, the U.S....more
8/1/2024
/ EB-3 ,
Foreign Workers ,
H-1B ,
H-1B1 ,
Health Care Providers ,
Healthcare Workers ,
Immigrants ,
Immigration Procedures ,
Labor Shortage ,
Long Term Care Facilities ,
Non-Immigrant Visas ,
Nurses ,
USCIS ,
Visas
The I-94 record, which determines the validity of a nonimmigrant’s status, often presents challenges that are not expected by the foreign national or their employer. Unfortunately, the failure to be aware of the validity...more
Originally published in Healthcare Michigan, Volume 41, No. 1 - Recently, the president of the American Medical Association, Jesse M. Ehrenfeld, MD, stated in a national address that the physician shortage long-feared is...more
As outlined in an earlier Immigration Insights & Issues blog post, the U.S. Department of State (DOS) posted a proposal to resume the renewal of limited visas in the U.S. after almost 20 years via a pilot program. Finally, on...more
Texas Governor Greg Abbott signed SB 4 on December 18, placing Texas on the course to yet another state-federal preemption challenge regarding the enforcement of immigration law regarding illegal entry to the United States...more
Employers continue to face compliance challenges in determining whether a new hire is work authorized for Form I-9 purposes, given the dynamic changes in immigration policy and regulation. For instance, this year alone, U.S....more
12/14/2023
/ Compliance ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Immigration Procedures ,
NAFTA ,
Non-Immigrant Visas ,
Passports ,
United States-Mexico-Canada Agreement (USMCA) ,
USCIS ,
Visas
Originally published in Healthcare Michigan, Volume 40, No. 11 - The nursing profession’s vital signs are unstable and require an intervention. The single largest occupation of health care workers is Registered Nurses (RN)....more
The Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), posted on October 17, 2023, the long-awaited proposal by the Department of State (DOS) to proceed with a pilot program to resume the...more
On August 1, all U.S. employers will have the option to use the new “one-page” Form I-9 (edition date 08/01/2023). The new August 2023 Form I-9 and Instructions are only available in draft form before August 1, 2023 via the...more
8/1/2023
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
USCIS
国土安全保障省(DHS)は、COVID-19により導入されたForm I-9 に関するリモートフレキシビリティ制度を2022年11月1日から2023年7月31日まで延長しました。その後の2023年5月5日、移民・関税執行局(ICE) は、リモートフレキシビリティ制度が終了した後は、30日以内にForm I-9の要件を満たす対応が求められることを発表しました。すなわち、2020年3月20日以降に採用され、かつForm...more
5/26/2023
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Relief Measures ,
Required Forms ,
USCIS
The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9 effective November 1, 2022, until July 31, 2023. On May 5, 2023, U.S. Immigration and Customs Enforcement (ICE)...more
The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9, effective November 1, 2022 – July 31, 2023. Additionally, in August of 2022, DHS invited public comment on a Notice...more
U.S. immigration law has always been challenging with ever-changing rules and policies and their far-reaching effects. However, the constant complication post-pandemic has been the unpredictability of processing times and...more
After the United States (U.S.) Citizenship and Immigration Services (USCIS) recognized that E and L nonimmigrant spouses are entitled to work in the U.S. “incident to status” on November 12, 2021, a new Category of Admission...more
During this challenging time for employers in search of workers, U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) have managed to cooperate to coordinate a response to the...more
Monday, November 8, marks a reopening of international air travel for vaccinated foreign nationals as well as entry to the United States (U.S.) via the land border for non-essential vaccinated foreign visitors due to a recent...more
According to various news reports, a White House official stated that foreign travelers subject to the various travel bans will be able to enter the U.S. as of November 8 without obtaining a National Interest Exception (NIE)...more
To reduce the backlogs of National Interest Exception (NIE) applications required by the Presidential Proclamations (Proclamations) regarding travel from designated countries to the U.S. due to the pandemic, the U.S....more
On June 9, the Office of the Director of United States Citizenship and Immigration Services (USCIS) issued three Policy Alerts (PAs), which continue a trend by USCIS to insert (hopefully) more reason and justice in...more
April 1, 2021 marked the beginning of consular processing at U.S. consulates and embassies throughout the world without the restrictions imposed on certain nonimmigrant visa processing under Presidential Proclamation 10052,...more
As we finally approach the end of this horrific 2020 year, there are a number of potential developments to consider as to the variety of travel related restrictions imposed by presidential proclamation during 2020. In...more
On November 23, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a welcome announcement in light of ongoing delays by the agency to adjudicate employment authorization documents (EADs). This announcement extends...more
As employers continue to try to find ways for essential nonimmigrants and their dependents to be issued H-1B, H-2B, L-1, and J-1 (intern, trainee, teacher, camp counselor, au pair, or summer work travel program) visas subject...more