Top 10 Pointers on What to Expect and Do When the Government Shows Up at Your Workplace for an H-1B Site Visit

Since 2009, the U.S. Citizenship and Immigration Service (USCIS) has been dropping in  at worksites where H-1B employees are employed. These surprise workplace visits are part of the Administrative Site Visit and Verification Program (ASVVP) and conducted by the Fraud Detection and National Security (FDNS) directorate of the USCIS. Most of these site visits are …

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Immigration Policy Alert: USCIS Announces New Medical Exam Validity Period for Green Card Applicants Starting November 1, 2018

Generally, all applicants for adjustment of status to permanent residence (I-485 green card) must submit a Form I-693 medical examination report, which is completed by  USCIS approved physicians (“civil surgeon”)  in the United States. On October 16, 2018, the USCIS announced a new policy about the validity period for a medical examination report (Form I-693).   …

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Cap-Gap and Unlawful Presence Warning for F-1 OPT Students with Pending H-1B Petitions

September 30 marked the end of work authorization for F-1 students who were working based upon their pending  "cap-gap" H-1B petitions.  Until the H-1B petition is decided, these students can remain in the U.S. but must stop working as of October 1.  If the student continues working, he or she will no longer have legal …

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USCIS Begins Implementing New Policy to Refer Certain Denied Applicants to Deportation Court

Starting today, October 1, 2018, the US Citizenship and Immigration Service (USCIS) may issue Notices to Appear (NTA) on denied applications which terminate the applicant's status, including but not limited to, Form I-485, Application to Register Permanent Residence or Adjust Status (green card), and Form I-539, Application to Extend/Change Nonimmigrant Status. A NTA starts the …

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Suspension of Premium Processing for Most H-1B Petitions Begins September 11.

Premium processing offers guaranteed 15 day processing for many types of immigration petitions and applications, including H-1B petitions.  Earlier this year, the USCIS suspended premium processing for H-1B petitions for employment subject to annual numerical limits, commonly known as the "H-1B cap-subject" petitions. On August 28, 2018, the USCIS announced that the premium processing option …

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3 Legal Traps to Avoid When Recruiting Physicians

Recruiters need to be aware of many legal rules when recruiting physicians and other medical professionals.  Lack of intent or knowledge is not a defense so protect yourself from these three legal traps. Discriminatory job postings.  The language in your job postings should avoid a preference for or against a physician’s race, color, religion, sex, …

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If you’re an IMG physician,  here’s what you need to know about finding and negotiating your work visa sponsorship

When searching for job opportunities, physicians have tons of considerations—location, compensation, paid time off, work schedule, quality of life and more. But most IMG physicians have an additional consideration looming over their heads: immigration. If you’re a physician with a work visa, you are well aware that your prospective employer must support or “sponsor” your …

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H-1B Visa Doctors Can Work Locum Tenens and Other Independent Contractor Positions

Dr. Shah holds full-time H-1B status with his employer but would like to work part-time at the hospital emergency room as an independent contractor. Dr. Davita would like to work with a local locum tenens company full-time after he finishes his last year of his current J-1 waiver position. Neither of these positions appear to …

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