A State-Based Cure – Interested Government Agency J-1 Waivers for Physicians

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 here and that “It’s an urgent crisis…hitting every corner of this country—urban and rural—with the most direct impacting hitting families with high needs and limited means… …

Round Two SB 4: Texas Follows Arizona in State Preemption Attempt of Federal Border Control

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 (US).  The bill’s provisions may go into force on or about March 5, 2024. The provision is in limited ways similar …

Trade Nafta (TN) Visa Holders Are NOT Free Agents – Spotting the Unauthorized Nonimmigrant for Form I-9 Compliance

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. Citizenship and Immigration Services (USCIS) has posted significant updates on the Form I-9 Central news page, including: The increase of the …

H-1B Principals Pilot Program for Stateside Visa Reissuance – Early 2024

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 renewal of nonimmigrant visas in the United States (US) for certain qualified non-citizens. It is expected that the program …

Unintended New Job Locations: 3 Key Considerations from Round 4 of the U.S. Department of Labor’s FAQs for Labor Condition Applications

Unintended new job locations have always presented issues for employers with H-1B, H-1B1, and E-3 workers.  However, the issues are even more common today, given employers’ remote work policies and continued changes thereto.  What are employers’ obligations when fully remote employees move residences?  Does the employer have any obligations when requiring fully remote workers to …

August 1 Marks New Era in Remote Document Verification for Qualified E-Verify Employers as well as a New Compressed Form I-9

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 Federal Register posting.   Employers may use the current version of Form I-9 (edition date 10/21/2019) …

Premium Processing Today: Answers to 5 Key Questions

On June 13, 2023, USCIS announced the latest phase of its effort to expand premium processing availability to those who are desperate to secure immigration status and related employment authorization for foreign national workers in the U.S. Now, applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status can seek …

USCIS Updates Guidance for “Compelling Circumstances” EADs – Key Takeaways and a Call for Reform

On June 14, 2023, US Citizenship and Immigration Services (USCIS) issued updated policy guidance to address eligibility criteria and standards for employment authorization involving compelling circumstances. Such policy guidance is welcome news for the small contingent of individuals eligible for “compelling circumstances” (C35) employment authorization documents (EADs), as previously strict standards for C35 EADs translated …

UPDATE: Form I-9 Remote Flexibility Ending July 31, 2023 / In-Person Inspection Required by August 30, 2023 – Why?

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) announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 remote inspection flexibilities end on …