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, …

65,000 More Reasons to Get Ready: Essential H-2B Filing Strategies for FY2024

On November 3, 2023, the U.S. Department of Homeland Security (“D.H.S.”) with support of the Department of Labor (“D.O.L.”) announced that it expects to make available an additional 64,716 H-2B temporary nonagricultural visas for Fiscal Year (F.Y.) 2024. This increase is in addition to the existing mandated 66,000 H-2B visas that are allotted each F.Y.  …

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 …

3 Tips for a Successful National Interest Waiver Petition for the STEM Worker

The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain temporary work authorization is through the H-1B category, which is subject to an annual cap. Due to the restricted number of H-1Bs available each …

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 …

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 …