Articles and Blogs

Immigration

Immigration Consequences for Prescribing Medical Marijuana

[02/21/19]

Posted on February 21, 2019 in HR Insights for Health Care

Published by: Hall Render

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

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Proposed Changes to H-1B Cap Process

[12/04/18]

Posted on December 4, 2018 in HR Insights for Health Care

Published by: Hall Render

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

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USCIS Allows Adjudicators More Discretion in Decision to Deny Immigration Petitions Filed by Employers

[07/24/18]

Posted on July 24, 2018 in HR Insights for Health Care

Published by: Hall Render

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

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Rural Physician Recruitment: Using HPSAs and MUAs to Your Advantage

[07/25/17]

Posted on July 25, 2017 in HR Insights for Health Care

Published by: Hall Render

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

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USCIS to Resume H-1B Premium Processing for Certain Petitions

[07/24/17]

Posted on July 24, 2017 in HR Insights for Health Care

Published by: Hall Render

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

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Canadian Advanced Practice Registered Nurses with Valid TN Visas Are Being Turned Away at the Canadian Border

[03/16/17]

Posted on March 16, 2017 in Health Law News

Published by: Hall Render

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

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Temporary Suspension of H-1B Premium Processing to Begin April 3

[03/06/17]

Posted on March 6, 2017 in Health Law News

Published by: Hall Render

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

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President Trump Issues Executive Orders on Immigration Policies

[01/26/17]

Posted on January 26, 2017 in Health Law News

Published by: Hall Render

As you may know, President Trump signed a pair of executive orders recently regarding immigration policies and enforcement. While his orders may have a sweeping effect on immigration as a whole, employment-based immigration processes are not overtly changed. Below is a brief summary of provisions of the executive orders and the draft order that... READ MORE

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Eligible International Students Receive Third Opportunity in Annual H-1B Visa Lottery

[03/31/16]

Posted on March 31, 2016 in HR Insights for Health Care

Written by: Charlotte M. Fillenwarth

On March 11, 2016, the U.S. Department of Homeland Security (“DHS”) published a final rule amending the optional practical training (“OPT”) extension available to F-1 international students in science, technology, engineering and mathematics (“STEM”) fields engaged in a standard 12-month period of OPT. Significantly, beginning May 10, 2016, the STEM OPT extension period will be... READ MORE

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USCIS Issues New Guidance on Amended H-1B Petitions for Worksite Changes

[07/28/15]

Posted on July 28, 2015 in HR Insights for Health Care

Written by: Charlotte M. Fillenwarth

Executive Summary A recent policy memorandum issued by the U.S. Citizenship and Immigration Services (“USCIS”) sets binding precedent for notifying USCIS and the Department of Labor when beneficiaries are relocated to new worksites in geographical areas not specified in original H-1B petitions. Under this memorandum, when a beneficiary’s new worksite is outside the “area of... READ MORE

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