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 …
New TPS and DED Protections for Lebanese Nationals: What You Need to Know
In a significant move, the U.S. Department of Homeland Security (DHS) has extended temporary immigration protections for Lebanese nationals currently residing in the United States. These measures, which include Temporary Protected Status (TPS) and Deferred Enforced Departure (DED), will provide critical relief to individuals affected by the ongoing humanitarian crisis in Lebanon. Let us break …
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Employer Economics: Cost-Saving Strategies for Adjustment of Status Filings
On April 1, 2024, the new U.S. Citizenship and Immigration Services (USCIS) fee schedule took effect. The fee schedule has been modified since publication, which can make determining the appropriate fee challenging. Please refer to our previous blog post regarding the key takeaways from the final rule implementing these fee increases. The new rule increases …
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Grab Your Shot: Supplemental H-2B Visas for Those Who Missed the Lottery
Amid the ever-evolving landscape of business and workforce dynamics, the recent buzz around the H-2B visa lottery has sent ripples of anticipation and concern through companies reliant on foreign workers. As immigration and labor shortages continue to weave intricate challenges, the opportunity to secure additional H-2B visa numbers opens a new chapter of possibilities and …
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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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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 …
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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 …
Navigating PERM in FLAG and the New Form ETA-9089
On June 1, 2023, the Department of Labor (DOL) officially transitioned its online PERM labor certification filings from its legacy PERM portal to the FLAG System. In addition to announcing the PERM system transition, the DOL announced the release of a new Form ETA-9089, including a number of never before seen questions likely to trigger …
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