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 …
Major Nursing Shortages? Foreign National Nursing Intervention as a Plan of Care.
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). It is also the fifth largest profession nationally.[1] Yet the nursing profession is facing extreme shortages as the need for health care workers grows. Specifically, …
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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 …
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 …
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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 …
State Pay Transparency Laws: 5 Questions Employers Must Ask Before Starting a PERM Recruitment Campaign
What happened? Over the past couple of years, multiple states have enacted pay transparency laws with the goal of increasing wage transparency for job seekers. The objective of these laws is ultimately to achieve pay equality as job seekers approach the bargaining table with a general idea of what to expect in terms of salary. …
Form I-9 Remote Flexibility Ends July 31, 2023 – 5 Things to Keep in Mind
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 of Proposed Rulemaking (NPRM)[1] regarding new policies for consideration in Form I-9 completion, such as permanent virtual document review options …
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COVID-19 Vaccinations Required for Green Card and Immigrant Visa Medical Exams Starting October 1, 2021
Beginning October 1, 2021, COVID-19 vaccinations will be required for all immigrant visa applicants in the United States and abroad who receive their medical examination from a Civil Surgeon (U.S.) or a Panel Physician (abroad) on or after October 1, 2021. This new requirement is according to recent instructions issued by the Centers for Disease …
Remote Work Policy: Immigration and Post-COVID
As employers make adjustments to incorporate Remote Work Policies in a post-COVID world, employers with a foreign workforce must also carefully consider antiquated immigration rules for their Work from Home (WFH) workforce. Of all the nonimmigrant work visa sponsorships, the H-1B category is the most restrictive on worksite location and movement. The same strict rules …
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USCIS Accommodation on I-9 Completion Due to Its Inability to Issue Timely EAD Cards
On August 20, 2020, United States Citizenship and Immigration Services (“USCIS”) announced that due to Covid-19 and because of its long delays in producing Employment Authorization Documents, Form I-766 (“EAD”) cards, that it would permit employees to present a Form I-797, Notice of Action, Approval Notice to prove work authorization for their Form I-9, Employment …