Articles and Blogs

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

It is no secret that physician recruitment in rural areas can be challenging for hospitals and other health care entities. Though some doctors may be drawn to living in areas with less hustle and bustle, many prefer areas with larger populations and more opportunities. Rural health care needs are sometimes difficult to address, but... READ MORE

U.S. Citizenship and Immigration Services (“USCIS”) announced on July 24, 2017 that it would resume premium processing for certain cap-exempt H-1B petitions effective immediately. Premium processing allows petitioners to pay a fee to receive a decision from USCIS within 15 calendar days. Without premium processing, wait times can extend for long periods, which delays... READ MORE

Reports from Canada and CBC News have confirmed that Advanced Practice Registered Nurses (“APRNs”), including Certified Registered Nurse Anesthetists and Nurse Practitioners, who work in the United States pursuant to valid NAFTA professional (“TN”) visas have been denied entry to the United States within the past week. These APRNs have been informed by U.S.... READ MORE

Starting on April 3, 2017, the United States Citizenship and Immigration Services (“USCIS”) will be temporarily suspending premium processing for H-1B petitions. According to the USCIS website, the suspension may last as long as six months. This suspension will likely cause difficulty and delays for employers who are looking to hire or are in the... READ MORE