Garfinkel Immigration Law Firm

There are multiple nonimmigrant work visa options for physicians, physical therapists, occupational therapists and other specialized infrastructure healthcare personnel. However, there are fewer pathways available for nurses. Meanwhile, most healthcare workers become eligible for a green card through an offer for a permanent full-time position through their employer. The green card process can begin once the offer is received, with most healthcare workers falling into the EB-1 (priority workers), EB-2 (advanced degree professionals and FNs of exceptional ability) or EB-3 (professionals, skilled and unskilled workers) preference categories. Read the full Garfinkel Immigration Law Firm white paper discussing the immigration options for healthcare workers here:

The L-1 (intracompany transfer) visa is used to transfer key employees among an international group of companies. To qualify for an L-1 visa, one must be transferring from an overseas company to a properly related U.S. business. The individual must have served in either an executive, managerial or “specialized knowledge” capacity with the overseas company and must be transferring to the U.S. company to serve in one of these specified capacities. Learn more about the L-1 intracompany transfer visa here:

Military family beneficiaries who are granted PIP are provided authorization to stay and work in the United States. Most importantly, PIP beneficiaries are “paroled” for the purposes of applying for a green card inside the United States under the INA. This is a significant benefit that is generally not available to family members of civilians or through other programs that offer parole into the United States. Find out more about Military Parole in Place (PIP) here:

Foreign nationals and permanent residents living in the United States are often required to follow the tax laws of the U.S., which can cause issues and concerns. All work-authorized foreign nationals can have a social security number from the Social Security Administration (SSA), while non-work authorized dependents will oftentimes need to obtain an Individual Taxpayer Identification Number (ITIN). Filing taxes with the IRS could also be a new or complicated experience for foreign nationals. Learn more about the frequent tax and social security issues encountered by foreign nationals here: https://buff.ly/49sXedy

United States Citizenship and Immigration Services (USCIS) announced earlier this month that “any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after Nov. 1, 2023,” no longer expires and can now be used indefinitely as evidence to show that “the applicant is not inadmissible on health-related grounds.” Find out more via USCIS here: https://lnkd.in/e-GGanAm

Garfinkel Immigration Law Firm published its newest white paper earlier this month. In the paper, Managing Partner Hannah F. Little discussed recent White House policies around Artificial Intelligence and their impact on immigration. "Artificial Intelligence is evolving at a rapid pace and continues to become an integral part of many aspects of business, scientific and technological advances," Little writes. "As such, the Biden administration has made clear it recognizes the importance of the AI and STEM fields and that it considers advancements in those industries a vital matter for U.S. national security and maintaining the nation’s competitiveness." Little added: "Under Biden, the White House appears to have made a concerted effort to attract the top talent in the AI and STEM fields by streamlining and modernizing the nonimmigrant and immigrant pathways and processes for foreign national professionals in those industries. Further developments are likely on the horizon." Read the full white paper here: https://lnkd.in/ecmU5VRM

“The temporary final rule released by USCIS Thursday will again extend the automatic grace period to 540 days. The rule will cover individuals who apply to renew work permits by Sept. 30, 2025, or roughly 18 months after its publication in the Federal Register.”

Last month, Garfinkel Immigration Associate Attorney Ana Delgado Hualde moderated the “Making an Impact in the Legal Profession” panel at the Mecklenburg County Bar’s 7th Annual “Increasing Diversity in the Legal Profession” conference. The panel also included Hon. C. Renee Little (Mecklenburg County District Court Judge), Candelario Saldana, Esq. (Cadwalader, Wickersham & Taft), Spencer Merriweather (Mecklenburg County District Attorney) and Dena King (U.S. Attorney for the Western District of NC). The “Increasing Diversity in the Legal Profession” conference is designed to encourage students with a diverse background to explore a career in the legal profession. Pictures from the panel are below. Learn more about Ana here: https://lnkd.in/gngYt_kk

U.S. Citizenship and Immigration Services (USCIS) announced Monday it had received enough electronic registrations to reach the FY2025 H-1B cap. The organization has notified “all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.” Find out more via USCIS here: https://lnkd.in/ewk9rxHG

Effective April 1, 2024, USCIS plans to raise filing fees for nearly all categories of immigration benefits. According to USCIS, the new fees will help to cover more of its operating costs and support faster processing of new applications. Many forms will also have new editions available. USCIS will accept earlier editions of most forms during a grace period from April 1, 2024, through June 3, 2024. However, some of the new forms with revised fees will not have a grace period. Learn more here: