Badmus

The Justice Department recently announced the launch of a live webinar series on avoiding workplace discrimination. The webinars coincide with the 25 th anniversary of the passage of the Immigration Reform and Control Act, which created the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

OSC enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), which requires employers to treat all authorized workers in the same manner with respect to hiring, firing or recruitment or referral for a fee, regardless of their citizenship status or national origin. The law also prohibits discrimination during the Form I-9 and E-Verify processes.

Participation in the hour-long webinars is free and open to all. A webinar scheduled for 3:00 P.M. EST on Dec. 15, 2011, will advise employers and HR professionals on how to avoid workplace discrimination.

We are excited to add webinars to our toolkit as a means of educating workers about their rights and employers about their responsibilities under the INA, and to reach these audiences nationwide.” said Thomas E. Perez, the Assistant Attorney General in charge of the Civil Rights Division. “Federal law prohibits discrimination in the employment eligibility verification process, and the Justice Department is committed to enforcing the law.
For more information about protections against employment discrimination under the immigration law, call OSC’s worker hotline at: 1-800-255-7688 (1-800-237-2525, TDD for the hearing impaired); call OSC’s employer hotline at: 1-800-255-8255 (1-800-362-2735, TDD for the hearing impaired); send e-mail to:  osccrt@usdoj.gov or visit OSC’s website at www.justice.gov/crt/about/osc . If you wish to schedule a webinar for a large or specialized group, please contact OSC’s Public Affairs Specialist Terry Scott, at Terence.j.scott@usdoj.gov. For reasonable accommodation requests relating to webinars, contact Lyn Sowdon at Lyn.Sowdon@usdoj.gov.

Categories: Blogroll,Employer Compliance,Employment Immigration,General,Medical Professionals |

Categories: Blogroll,Employer Compliance,Employment Immigration,General,Medical Professionals |

On June 17, 2011, the Texas Legislature passed a bill (SB-189) restricting medical licenses for foreign physicians wanting to practice in Texas.  The bill requires non-citizens and non-permanent residents applying for a medical license to prove that they “have practiced medicine or have signed an agreement to practice medicine for at least three years at a medically underserved area or health professional shortage area.”   This legislation is effective September 1, 2011.

 The new legislation requires the Texas Medical Board (TMB) to adopt “the rules necessary to implement” the new law not later than May 1, 2012. The new requirements apply to “an application for an initial license to practice medicine made on or after September 1, 2012.”    Applications submitted through August 31, 2012 are excluded from the new requirements.     

 There is uncertainty regarding the practical problems that implementing a law with such restrictions may cause. There are concerns abut the constitutionality of these restrictions as well as the lack of clarity regarding the meaning of some of its provisions such as the meaning of “application for an initial license.”  Unfortunately, we will have to wait until the TMB publishes the regulations implementing this law to better understand its applicability.

 To review the bill’s AUTHOR’S / SPONSOR’S STATEMENT OF INTENT click here (add link - ftp://ftp.legis.state.tx.us/bills/82R/analysis/html/senate_bills/SB00100_SB00199/SB00189I.HTM

Categories: Blogroll,Legislation and Policy,Medical Professionals |

Worksite Surprise Visits on the Rise Again!

In  January 2010, we wrote that the USCIS was conducting random worksite visits to ensure that H-1B employees were working as per the H-1B visa terms.  One of the items USCIS is trying to verify is if the H-1B employee is actually employed with the sponsoring employer as described in the H-1B petition. Recently, we have heard from many of our clients, employed by both large and small employers, and other immigration colleagues that the USCIS has visited them unannounced. Needless to say, it is important that employees and employers are ready for these visits which usually include an interview with the employer’s representative, an interview with the employee, and a tour of the work facility. 

Here are five steps you should take to prepare for and respond to a surprise visit to your workplace:

 1.         Review the H-1B petition filed by your employer to make sure your work locations, title, job duties, and wages are listed correctly. If not, contact your employer and lawyer immediately for further advice.

 2.         Have your attorney’s number available so you can call her immediately, before you begin your interview with the investigator.  You are entitled to have your attorney present by phone or in person.

 3.         If you work at a location not controlled by your employer, contact the facility representative to let them know about the possibility of a site visit and advise them to contact you and your employer immediately in case of a surprise visit.

 4.         Ask your employer to contact the attorney who prepared the H-1B petition to help with a self-audit of their H-1B compliance files which are required for all employers.

 5.         Schedule a mock interview with your employer and attorney to prepare for a possible site visit so you can feel more comfortable if it does happen.

For more information or assistance in preparing for an unannounced  worksite visit, you are invited to contact us at 469-916-7900 or email immigration@badmuslaw.com.

Categories: Blogroll,Employment Immigration,General,Medical Professionals |

The U.S. Department of State (DOS) recently reported statistics on J-1 waiver applications submitted to the agency in fiscal year 2010 (2009-2010).  Of particular interest to physicians is the number of approvals in the following categories:

Waiver Type                               Approved                Denied                  Total

Exceptional Hardship                   213                          65                           278

Persecution                                    24                             1                         25

Interested Government
Agency (IGA) Physician                  70                             0                         70

State Department of Health
(Conrad 30 Program)                    829                            0                         829

To obtain a J-1 waiver through a government program, the physician and employer must apply to the state or federal health agency sponsor for initial approval. The state or federal health agency then sends its preliminary approval to the DOS for approval.  The DOS report indicates a 100% approval rate of such waiver requests. Undoubtedly, physicians and their employers who clear the state or federal health agency program have cause to celebrate!

Categories: Blogroll,Employment Immigration,General,Medical Professionals |

View this short video from the American Immigration Lawyers Association for real solutions to the immigration problem:

http://multivu.prnewswire.com/player/41787-comprehensive-immigration-reform/

Categories: Blogroll,Employer Compliance,Employment Immigration,Family Immigration,General,Immigration Litigation and Removal,Legislation and Policy,Medical Professionals |

Badmus Law Firm will be closed on Monday, July 5, 2010 in observance of Independence Day. 

Categories: Firm News,Medical Professionals |

U.S. Citizenship and Immigration Services (USCIS) recently announced that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate severalmajor new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning today,USCIS will issue all Green Cards in the new, more secure format.

“Redesigning the Green Card is a major achievement for USCIS,” said Director Alejandro Mayorkas. The new security technology makes a critical contribution to the integrity of the immigration system.”

The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.

In keeping with the Permanent Resident Card’s nickname, it will now be colored green for easy recognition. USCIS will replace Green Cards already in circulation as individuals apply for renewal or replacement.

Categories: Blogroll,Employment Immigration,Family Immigration,General,Medical Professionals |

Even if you have an employment authorization document (EAD) for work purposes and an advance parole document (AP) for travel purposes, extending your H-1B visa while your green card application is pending might be worthwhile depending upon your circumstances. Here are three reasons why an H-1B extension could make sense for you:

Safety - if your I-485 application is denied for any reason (even government mistakes), you will have no legal status and can be deported unless you have have nonimmigrant status like H-1B. Also, if you have H-1B status, you may be eligible to re-file your I-485 application. Without it, you might not.

Automatic Extension – even if you file your H-1B extension request the day before your H-1B expires, you will remain in H-1B status and continue to work without interruption while your extension request is pending. This is not true with the EAD. If your EAD renewal is not approved before your current EAD expires, you are not authorized to work until your EAD renewal is approved. Also, you have a small window of time to file the EAD renewal. To be safe, you must file 90 to 120 days before your EAD expires (you cannot file earlier than 120 days before expiration).
Family – if your spouse or child did not file or cannot file for adjustment yet, then maintaining H-1B status may be necessary to maintain status for your dependent spouse or child. Also, if you marry or plan to marry someone who needs a visa, the H-4 visa based upon your H-1B status is the fastest way for him or her to join you in the U.S.

There are many factors to consider in determining the best immigration status for you while your green card application is pending. Even if you decide not to extend your H-1B status or you travel using AP rather than an H-1B visa, you may still have an option of reinstating your H-1B status if necessary. Always consult with an immigration attorney when considering any changes to your immigration status.

By Ann Massey Badmus

Categories: Employment Immigration,Medical Professionals |

Those working with H-1B visas need to be aware that the USCIS is conducting approximately 25,000 random worksite visits to verify that the H-1B employee is actually employed with the sponsoring employer as described in the H-1B petition.  Many of our clients employed by both large and small employers have already experienced these unannounced visits.  It’s important that you and your employer are ready for these visits which usually include an interview with your employer’s representative, an interview with you, and a tour of the work facility.  Here are five steps you should take to prepare for and respond to a surprise visit to your workplace:
1.Review the H-1B petition filed by your employer to make sure your work locations, title, job duties, and wages are listed correctly. If not, contact your employer and lawyer immediately for further advice.
2. Have your attorney’s number available so you can call her immediately, before you begin your interview with the investigator. You are entitled to have your attorney present by phone or in person.
3. If you  work at a location not controlled by your employer, contact the  facility representative to let them know about the possibility of a site visit and advise them to contact you and your employer immediately in case of a surprise visit.
4. Ask your employer to contact the attorney who prepared the H-1B petition to help with a self-audit of their H-1B compliance files which are required for all employers.
5. Schedule a mock interview with your employer and attorney to prepare for a possible site visit so you can feel more comfortable if it happens.

Categories: Employer Compliance,Employment Immigration,General,Medical Professionals |