DHS weighs major change to H-1B foreign tech worker visa program

An article published on McClatchy DC | reported a rumored change to the H-1B visa program, specifically related to American Competitiveness in the 21st Century Act (AC21). Both AC21 Sections 104 and 106 have been passed into law by Congress. Per AC21, an H-1B nonimmigrant may extend status beyond the six-year limit under the following circumstances: AC21 106(a). Extensions … [Read more...]

To Provide Incentives to Physicians to Practice in Rural and Medically Underserved Communities and for Other Purposes

On April 25, 2017, Congressmen Brad Schneider (D-IL) and Darrell Issa (R-CA) introduced bipartisan legislation in the House of Representatives to help increase the number of doctors available to work in underserved and rural areas, with improvements.   The House version of the bill is entitled: ”To provide incentives to physicians to practice in rural and medically underserved communities and for … [Read more...]

Presidential Executive Order: “Buy American and Hire American”

On April 18, 2017, President Trump signed the “Presidential Executive Order on Buy American and Hire American.”  The phrase, “Hire American,” generally refers to the body of law and policy concerning how our immigration, visa, and guest worker programs are operated to ensure proper protections for American workers. The Executive Order calls for enforcing the guest worker programs (H-2A … [Read more...]

Conrad State 30 & Physician Access Act

U.S. Senators Amy Klobuchar (D-MN), Susan Collins (R-ME), and Heidi Heitkamp (D-ND) have introduced the bipartisan Conrad State 30 & Physician Access Act.  The legislation has been endorsed by major health organizations.    The State 30 waiver program is a nation-wide physician workforce development program that empowers state departments of public health to place U.S. trained physicians in … [Read more...]

DOS Cable Calls for Increased Visa Screening Measures

A March 17, 2017 Department of State cable [17 State 25814] directs U.S. consulates on implementing Section 2 of a November 6, 2017 Presidential Memorandum, which provides: "The Secretary of State and the Secretary of Homeland Security, in consultation with the Attorney General, shall, as permitted by law, implement protocols and procedures as soon as practicable that in their judgment will … [Read more...]

Travel Advisory for Nationals of Certain Countries Pursuant to Executive Orders

On March 6, 2017, President Trump signed Executive Order 13780, entitled "Protecting the Nation from Terrorist Entry into the United States." Section 2(c) of the executive order includes a revised entry ban on nationals of 6 countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen). The new executive order set a 90-day entry bar on certain nationals from Iran, Libya, Somalia, Sudan, Syria, and … [Read more...]

Immigration Executive Order

President Trump is scheduled to sign a number of Executive Orders today and tomorrow relating to US immigration and visas. At this point, the official text of the orders has not yet been released. One of the orders prohibits the issuance of some or all visas (and entry to US) to citizens of the following countries for at least 30 days from the date the order is … [Read more...]

Matter of T-O-S-U-, Adopted Decision 2017-01 (AAO Jan. 4, 2017) for H-1B National or International Renown

U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum on January 4, 2017, that designates as precedent Matter of T-O-S-U-, a 2015 decision of the Administrative Appeals Office (AAO). The decision explains that physicians of national or international renown who are graduates of medical schools in foreign states are exempt from the U.S. Medical Licensing Examination … [Read more...]

Matter of Dhanasar Revises National Interest Waiver (NIW) Standard, Vacates NYSDOT

On December 27, 2016, the Secretary of Homeland Security designated as precedent the Administrative Appeals Office's decision in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), Int. Dec. 3882 (December 27, 2016). Precedent decisions are binding on DHS employees in all future proceedings involving the same issue or issues. Dhanasar now governs adjudications and proceedings relating to a waiver … [Read more...]

PERM Modernization Rule Withdrawn

The Office of Foreign Labor Certification (OFLC) has posted an FAQ on its website confirming that it has withdrawn from OMB (Office of Management and Budget) review the PERM modernization rule and the proposed Schedule A ReThe Office of Foreign Labor Certification (OFLC) has posted an FAQ on its website confirming that it has withdrawn from OMB (Office of Management and Budget) review the PERM … [Read more...]