Author: Kathleen Campbell Walker

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Immigration Compliance for Employers in 2025: Guide to Worksite Audits

During the first Trump administration, worksite enforcement actions (aka raids) were focused in the Southeast and Midwest. The primary industries targeted were manufacturing and meat/poultry processing.[1]   In 2017, Thomas Homan was the acting director for the U.S. Immigration and Customs Enforcement (ICE). He directed Homeland Security Investigations (HSI) to increase worksite immigration enforcement actions by …

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Walking While Foreign: Documenting Immigration Status in 2025

As we approach 2025 with the threat of impending mass deportation[1] of those without legal immigration status in the United States (U.S.), it is important for foreign nationals lawfully here to remember what documents they are obligated to maintain in their possession under federal law. In addition, any assessment of legal status by law enforcement …

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November 1 Deadline Looms as Texas Hospitals Struggle to Track Costs Related to Immigration Status

On November 1, certain Texas hospitals must comply with an Executive Order issued by Governor Greg Abbott on August 8, 2024 (Order), requiring them to document medical costs related to the care of individuals without legal immigration status. Governor Abbott provided the following statement explaining the reasoning behind his Order: “Due to President Joe Biden …

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Updated: Stay Extended by Texas Court to Sept. 23 for Approval of Keeping Families Together Parole

This article was updated after the 5th Circuit Court stayed the District Court case until a hearing on October 10. Meanwhile, USCIS is still accepting KFT PIP applications. 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. …

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Parole in Place for U.S. Citizens’ Spouses: What (Little) We Know Before August 19 Start

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 qualifying applicants for the new Parole-in-Place (PIP) program to seek legal permanent residence (LPR) while remaining in the United States (U.S.) …

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The Stealth I-94 Dilemma – Determining Work Authorization Validity

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 period of the I-94 can cause all sorts of serious problems. For example, some of the consequences can be: The accrual …

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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… …

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Coming January 29: 20,000 H-1Bs for Visa Renewal – What You Need to Know!

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 December 21, 2023, the requirements for the pilot program were announced by DOS. What are …

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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 …

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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 …

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