Articles and Blogs

On August 18, 2022, the U.S. Department of Homeland Security (“DHS”) issued a notice of proposed rulemaking allowing for optional alternative procedures for the examination of documents required by the Form I-9 Employment Eligibility Verification. Currently, to complete the Form I-9, employers must physically examine documentation presented by new employees within three business days... READ MORE

Effective May 4, 2022, certain foreign nationals who timely filed to renew their Employment Authorization Document (“EAD”) will receive an automatic extension of the period of employment authorization up to 540 days beyond the original expiration date. This is an effort by U.S. Citizenship and Immigration Services (“USCIS”) to temporarily alleviate the current situation... READ MORE

On October 6, 2020, the U.S. Department of Homeland Security (“DHS”) announced the Interim Final Rule entitled “Strengthening the H-1B Nonimmigrant Visa Classification Program,” and the U.S. Department of Labor (“DOL”) announced the Interim Final Rule “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” which together... READ MORE

On Monday, June 22, 2020, President Trump signed an executive order regarding immigration policies and enforcement amidst the COVID-19 pandemic titled “Proclamation Suspending Entry of Aliens Who Present A Risk to the U.S. Labor Market Following the Coronavirus Outbreak” (the “Executive Order”). Most significantly, the new proclamation affects nonimmigrant visas that permit work authorization.... READ MORE

On May 11, 2020, U.S. Citizenship and Immigration Services published a policy memorandum providing temporary flexibility for physicians completing a J-1 waiver service obligation during the COVID-19 pandemic. The policy memorandum addresses the full-time work requirement and telehealth services for these physicians in light of the Public Health Emergency issued in response to the... READ MORE

On Wednesday, April 22, 2020,  President Trump signed an executive order regarding immigration policies and enforcement amidst the COVID-19 pandemic titled “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak” (the “Executive Order”). As we discussed with President... READ MORE

On March 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) published a revised Form I-539, Application to Extend/Change Nonimmigrant Status, which is used to change or extend the status of a variety of nonimmigrants in the U.S., including H-4 dependents of H-1B workers. As of March 22, 2019, USCIS will only accept the revised version... READ MORE

The legality and use of medical marijuana has been changing rapidly over the last decade. The rules for prescribing medical marijuana vary under state law, but the sale, possession, production and distribution of marijuana, or the facilitation of these crimes, remains illegal under U.S. federal law. This landscape creates uncertainty for many physicians but... READ MORE

The Department of Homeland Security (“DHS”) recently announced a notice of proposed rulemaking that would require employers seeking to file cap-subject H-1B petitions to first electronically register with U.S. Citizenship and Immigration Services (“USCIS”). The proposed rule would also reverse the order that USCIS selects H-1B petitions under the H-1B cap and the advanced... READ MORE

The adjudicators who review employer submitted immigration petitions such as H-1B’s and I-140’s will soon have more discretion available to deny those petitions. Health care employers will be specifically affected by this change as about 25 percent of all physicians practicing or training in the United States are foreign born. On July 13, 2018,... READ MORE