Categories
Updates

Unauthorized Use of Social Security May Result in Removal

Share this:

Fernando entered the United States in 2010 without a valid visa. To be able to work in the United States, he used a social security number of another individual illegally. In 2015, he was convicted of the “use of an unauthorized social security number” in violation of federal law (42 USC 408(a)(7)(B). Later the Department of Homeland Security charged Fernando as being removable because his criminal conviction was considered as conviction of a crime against moral turpitude (CIMT). He was ordered removed by the Immigration Court as his cancellation of removal was denied. Fernando’s appeal to BIA was denied and on petition for review the 5th Circuit Court of Appeals affirmed the BIA decision.

In a similar case pending with the Supreme Court, the Pereida, a long time resident of the United States with U.S. citizen children was put in removal proceedings. He has an underlying case of unauthorized use of social security number but his criminal conviction was a misdemeanor state offense of criminal impersonation under the Nebraska criminal statute. The immigration court ordered him removed considering the conviction as a crime against moral turpitude. BIA affirmed the immigration judge’s decision.  The case is still pending with the Supreme Court. Oral arguments were heard in October 2020 and no decision has yet been rendered.

Case to Case basis

While the two cases are similar in facts, the second case of Pereida was a state conviction while that of Fernando was clearly a federal crime. Legal arguments will be centered on whether the elements of the state crime corresponds to the federal offense listed on the Immigration and Nationality Act. 

Conviction for unauthorized use of social security number is a crime against moral turpitude and is a deportable offense. But each case is different. The underlying offenses must be analyzed on whether they clearly fall under the federal offense grounds for removal. Also, legal counsels should be able to look into any post-convictions relief if they are available to lessen or erase the immigration consequences of the crime.

On President Biden’s first day of office, he issued an Executive Order revoking Trump’s 2017 Executive Order on Enhancing Public Safety in the Interior. Thus, ICE, USCIS and CBP released a Memorandum focusing only on removing individuals who are threats to national security, border security and public safety. Conviction of a crime against moral turpitude for unauthorized use of social security is a fraud offense and does not fall under these priorities. However, without clear directives from ICE, favorable discretion may or may not be exercised to not enforce removal of those with misdemeanor offenses and with strong family ties.

Pathway to Citizenship 

In the meantime, it would be best for those still waiting to avail of the “pathway to citizenship” to be good citizens and to stay away from engaging in unlawful activities to avoid complicating future immigration applications. Or better yet, to have your case assessed if you have criminal case history to determine possible legal options of obtaining permanent resident status or availing of future options to “pathway to citizenship.”

Categories
Featured

Foreign Nurses Can Help Solve US Hospital Staff Shortages During COVID And Beyond

Share this:

Since last September, the number of hospitalized patients across the US has increased nearly every day. Since November 1, 2020, the number of people hospitalized with COVID-19 has doubled and since October 1, it has tripled. More than 1,000 hospitals in the US are “critically” short on staff

Nurses and other medical staff are the driving force behind the American healthcare system. To focus on nurses, America’s 3 million nurses are the largest category of workers in our healthcare workforce. And while nursing is one of our country’s fastest-growing professions, the nursing profession is not growing fast enough – according to the Bureau of Labor Statistics, in the next two years, the US will see 1.2 million vacancies for registered nurses. By 2025, the nursing shortage will be twice as bad.

So, let’s look a bit more at the shortage, how it’s affecting our fight against the Covid-19 pandemic and how immigration can help.

The US healthcare worker shortage isn’t a new problem

Even before the Covid-19 pandemic slammed global healthcare systems, the US has been desperate for more nurses. 

There is a shortage of nurses across the US and according to the American Association of Colleges of Nursing, the shortage is expected to intensify. The American workforce is rapidly aging and more and more baby boomers are retiring. One million of the 3.8 million registered nurses in the United States will leave the workforce between now and 2030. 

But why is a profession that is well-respected and pays decently struggling to keep up with demand?

Blame it on the Baby Boomers! Today, there are more Americans over the age of 65 than at any other time in US history. In the next 20 years, one in five Americans will be a senior citizen, and by 2050, there will be 88.5 million Americans over the age of 65-years-old. Among these aging Americans are nurses! Right now, approximately one million registered nurses are older than 50, meaning that we can say goodbye to these healthcare workers as they enter retirement in the next 10 to 15 years. 

The nursing education system has been struggling to keep up with the demand for new nurses. According to an American Association of Colleges of Nursing report, American nursing schools turned away 79,659 qualified applicants in 2012 simply due to lack of resources and instructors. So, as you can see, the American healthcare system was already under strain from a lack of qualified nurses.

Then the coronavirus pandemic reached our shores.

The healthcare worker shortage is impacting the COVID-19 vaccine roll-out

About a year ago, Covid-19 seemed like an issue far from America’s borders. Today, the virus has spread across the globe and more than 100 million infections have now been reported worldwide. The US has more Covid-19 cases than any other country, and our infections make up more than 25% of the total worldwide.

Since this time last year, doctors have gotten better at saving the lives of critically ill Covid-19 patients, but healthcare workers are overwhelmed and hospitals are crowded. Simply put, more than 40% of Americans live in areas where intensive care units are running out of space. These overburdened hospitals are dealing with exhausted nurses and doctors, and a shortage of experienced healthcare workers.

Right now, healthcare workers are not only responsible for sick Covid-19 patients, but also distributing vaccinations. The US vaccination campaign has gotten off to a slow start, with less than 20 million people getting their first dose by mid-January 2021. President Biden recently announced that the US will deliver enough doses to vaccinate 300 million Americans by the end of the summer or early fall, but we need trained personnel to drive what will be the largest vaccination effort in US history.

In places like Arizona — where the coronavirus is spreading faster than in almost any other state — 4 out of 5 doses haven’t been used because finding someone qualified to give the shots is difficult. Can you believe that?

As hospitals strain under the stress of the pandemic, many are wondering: how did we get here? How is it possible that US hospitals don’t have enough experienced nurses and doctors to treat Covid-19 patients and vaccinate the American public?

The good news is that the solution is simple: hire more foreign-trained nurses and other healthcare staff.

Foreign nurses are the solution to America’s healthcare woes

In the past, hospitals might have closed beds to address a shortage of nurses. During a pandemic, that option is not possible. But there’s a win-win solution – to hire nurses and other healthcare professionals from abroad.

Immigrants make up 18% of total US healthcare workers, but more specifically they are 22% of nursing assistants and 29% of physicians. Current US immigration policies have left hospitals across the country understaffed and ill-prepared to face the coronavirus pandemic. Even before Covid-19 hit our shores, we had a projected shortage of roughly 15,000 to 22,500 primary care doctors and over one million nurses.

Foreign-born doctors and nurses arrive in the US on H-1B, J-1, and EB-3 visas, but right now, denial rates for H-1B petitions have increased significantly, from 6% of applicants denied in 2015 to nearly 25% in 2020. EB-3 visas have also been down as much as 33% since 2015. These numbers are staggering when you consider that one-in-four direct-care workers are foreign-born.

These highly skilled healthcare workers are often able to immigrate to the US easily and hit the ground running at their new jobs. Legislation like the Healthcare Workforce Resilience Act (HWRA) — a bill aimed at increasing the number of available immigration spots for nurses and doctors that was introduced in May 2020 — would make it even easier for foreign nurses to immigrate to the US.

This bill was inspired by and created to face the COVID-19 pandemic, and if passed, would allow up to 25,000 immigrant visas to qualifying nurses and 15,000 immigrant visas to physicians, as well as their spouses and kids. This would be a game-changer for the current US healthcare system. For now, though, it’s been stalled.

Plus, many foreign health workers have invaluable experience dealing with infectious disease epidemics such as SARS, Ebola, or HIV in other countries and are ready and able to take jobs at American hospitals. Recently, the State Department issued guidance calling for foreign medical professionals with approved visas or certificates of eligibility for exchange visitor programs to get expedited processing to come to the US. They are especially prioritizing health care pros who have experience “working to treat or mitigate the effects of Covid-19.”

While a new regulatory landscape around immigration law might change forms, processes, and applications, one thing stays the same: the demand for skilled, experienced international nurses and others as well as an easy and streamlined way of getting them into the US.

Foreign nurses will help to alleviate our strained healthcare system, but they might need a little help getting here.

Tancinco Law helps hospitals, healthcare facilities and healthcare staffing companies bring skilled nurses and healthcare professionals into the US

As hospitals struggle to handle the most recent COVID-19 surge, hospital and other healthcare facility administrators are not only worrying about beds or ventilators in short supply but also finding enough healthcare workers to care for the sick. Fortunately, there is a highly-skilled workforce of foreign-educated doctors, nurses, and other health practitioners ready to step in and help.

It’s vital that we welcome more internationally-trained nurses to the US. In the midst of the continuing COVID-19 global pandemic, our country needs more experienced nurses than ever, and we’re working day in and day out to help build a stronger, healthier community, one nurse at a time.

Tancinco Law helps hospitals, healthcare facilities, and healthcare staffing companies manage every step of the immigration process when hiring foreign-trained nurses and other healthcare professionals. Tancinco Law was founded by Filipino immigrants, and we’ve been helping Filipinos nurses and many others immigrate to the US for decades. We are closely connected to the immigrant community, we’re experts in the healthcare visa process, and can be a true partner – not just an outside immigration law firm.
If you’re a hospital or healthcare system and you’re interested in learning more about how Tancinco Law can help you strengthen your staff, check out our website. And if you’re a healthcare professional interested in working in the US, reach out to us today!

Categories
Updates

H1B Visa Registration to Start On March 9, 2021

Share this:

Every year, U.S. petitioners seeking to hire professionals who are foreign nationals undergo a lottery system to obtain H1B visas for their prospective employees. Thousands of applicants, including those from the Philippines, who are on student visas and graduated from U.S. schools and those who are foreign educated, have opportunities to apply for professional working visas as long as they are eligible. 

H1B is a professional working visa that will allow an individual to work in the United States for a specific U.S. employer and for a specific period of time. H1B visas allow workers to stay in the U.S. for up to three, or in some cases, six years and bring immediate family members with them. They also provide a pathway to receiving permanent immigrant visas or green cards.

The Lottery System

There are only 65,000 H1B visas each year plus 20,000 more reserved for individuals with master’s degrees or higher from U.S. institutions. With these limited numbers of visas, a lottery system has been put in place because there are more petitions submitted than the number of H1B visas available. Last year, there were 275,000 petitions filed which is way above the numerical limitations. 

For many years, the system was for the U.S. Citizenship and Immigration Services (USCIS) to choose randomly from among the submissions. Once it reaches its 85,000 petitions it will stop accepting petitions. It will then notify petitioners whose petitions were accepted or rejected.

The selection process changed on December 6, 2019 when USCIS announced a new electronic registrations system. This new system requires petitioner’s to register electronically (instead of filing a paper petition) with the USCIS and pay a $10 registration fee before an H1B cap subject petition may be submitted. Registration period is announced by the USCIS before actual filing takes place. Last year, registration started March 1, 2020 through March 20, 2020 or until enough registrations are reached to receive the numerical limit. USCIS then sends notices to H1B visas to those who are accepted or rejected.

The past Trump administration attempted to change the selection process.  USCIS would have prioritized H1B applications based on their wages with the workers offered the highest pay moving to the front of the line. On February 4, 2021, the USCIS announced that it will not implement this change because of technical challenges but instead will stick to the current lottery electronic registration system for the coming Fiscal Year 2022.

Registration period

USCIS announced that registration period begins on March 9, 2021 until March 25, 2021. Selected registrants by USCIS will be notified by March 31, 2021. USCIS will accept H1B petitions by April 1, 2021.

U.S. companies or businesses wishing to apply for the H1B visas for their employees need to plan early. They may contact their respective professional legal representatives to guide and assist them through the H1B process.

Categories
Updates

Updated Advisory: Traveling to the Philippines and the U.S.

Share this:

Traveling to the Philippines

According to IATF Resolution No. 97 released on January 28, 2021, U.S. citizens or non-Filipinos who are not dual citizens and naturalized U.S. citizens are not allowed to enter without valid Philippine visas among other requirements. 

The resolution states that non-Filipinos may enter the Philippines, subject to the following conditions:

  1. With valid and existing visa at the time of entry;
  2. With pre-booked quarantine accommodation for at least seven nights in an accredited quarantine hotel/facility;
  3. Subject to COVID-19 testing on sixth day from date of arrival; and
  4. Subject to maximum capacity of inbound passengers at the port and date of entry.

Note that those with no Philippine passports but with valid visas who fall under the following categories will be allowed entry into the Philippines subject to the same requirements above:

  1. Foreign spouses of Filipino nationals; or
  2. Foreign parents of minor Filipino children and of Filipino children with special needs, regardless of age.

Those who comply with the above and who are allowed to enter the Philippines  will have to comply with the mandatory 7 days quarantine upon arrival at approved Department of Health (DOH) facilities. This rule applies despite negative COVID tests upon arrival. On the sixth (6th) day of arrival, the traveler will have to take a mandatory COVID-testing. 

Make sure before traveling and before making a hotel reservation that the hotel is an accredited quarantine hotel/facility by the Philippine Department of Health. For a list of accredited quarantine hotels and facilities, travelers should exercise due diligence by researching only on reputable information sources. Or they may contact their airlines for any list or their partner quarantine hotels for recommendation.

Traveling to the United States

All airline passengers traveling to the United States, including U.S. citizens and Lawful Permanent Residents (LPRs), are required to provide proof of a negative COVID-19 viral test or recovery from COVID-19.

Effective January 26,2021 all airline passengers to the United States ages two years and older must provide either a negative COVID-19 viral test taken within three calendar days of travel or provide a positive test result and documentation from a licensed health care provider or public health official of having recovered from COVID-19 in the 90 days preceding travel.  Passengers must also attest, under penalty of law, to having received a negative qualifying test result or to recovery from COVID-19 and medical clearance to travel.  

Airlines must deny boarding to passengers who do not meet these requirements.  U.S. citizens in countries where adequate COVID-19 testing is not available or may not be able to satisfy the requirements, should depart immediately or prepare to be unable to return to the United States until such time as they can meet the requirements.   

Categories
Updates

Event: San Francisco OFW Town Hall

Share this:

How’s the OFW Community doing in San Francisco doing?

Join the OFW Town Hall via OFW Help Facebook Live on Thursday February 18, 7PM PST (Friday, Feb 19, 11AM Manila)! We’ll see you there!