1. Klasko, Rulon, Stock & Seltzer, LLP
Current Immigration Issues for Healthcare Institutions Pennsylvania Bar Institute
                   
H. Ronald Klasko, Esq.
Klasko, Rulon, Stock & Seltzer, LLP
Philadelphia New York
1800 JFK Blvd., 17th Floor 317 Madison Ave., Suite 1518
Philadelphia, PA New York, NY

2. H. Ronald Klasko, Esq.
Ron Klasko has been providing immigration assistance and solutions to leading universities, hospitals, and research institutions for over 25 years.  Ron is a past National President of the American Immigration Lawyers Association.  He has been a member of the AILA Board of Governors since 1980.
The firm has been selected as one of six top tier immigration firms in the United States for three consecutive years by the prestigious Chambers Global: The World's Leading Lawyers for Business (Chambers and Partners).  This publication noted the firm as the “strongest in the country” when it comes to representing clients in the university research and medical sectors and recognized Ron as “a leading national practitioner who really does it all” who is “literally on the cutting edge” when it comes to immigration policy and legislative issues.
Ron has been selected as one of twelve top tier immigration lawyers in the US by The Chambers Global Guide.  He is selected annually for inclusion in Best Lawyers in America.  The International Who’s Who of Business Lawyers 2007 and 2008 editions selected Ron as the “most highly regarded” immigration lawyer in the world. 
Ron is a frequent author and lecturer on hospital and university-related immigration law topics and is a former Adjunct Professor of Immigration Law at Villanova University Law School.  Ron is a graduate of the University of Pennsylvania School of Law.

3. Prospects for Immigration Legislation
Legislative Overview
Specific prospects for:
Doctors
Nurses
E-Verify

4. Doctors
Choice of visa
J-1
H-1B
O-1
Other

5. Doctors (cont’d)
J-1Visa
Procedure
Timing
Length
Requirements

6. Doctors (cont’d) Procedure Timing Quota issues Length Requirements
H-1B visa
Procedure
Timing
Quota issues
Length
Requirements

7. Doctors (cont’d) J-1 advantages No employer sponsorship
No employer recordkeeping
No institutional liability
No prevailing wage requirements
No posting requirements
Spouse of J-1 can be employed
Substantial fees affiliated with H-1B are avoided
No quota

8. Doctors (cont’d) H-1B advantages Greater flexibility
Easier to change programs
Moonlighting possible
Doctor has no requirement to return to home country for two years
Less chance of visa denial at U.S. consulate overseas
Premium processing available

9. Doctors (cont’d)
O-1 Visa
Procedure
Timing
Length
Requirements

10. Doctors (cont’d) Other Statuses Country – specific EAD
Permanent resident

11. Doctors (cont’d) Two-Year return requirement Who has it? What is it?
Options
O-1 visa
Waiver

12. Doctors (cont’d) Waiver of Two-Year Return Requirement Persecution
Exceptional hardship
Interested government agency
Research
Clinical

13. Doctors (cont’d) Clinical Waiver Options
Sponsorship by state (Conrad 30 program)
Sponsorship by federal government
Veterans Administration
Appalachian Regional Commission
Delta Regional Authority
HHS
Issues in common and differences

14. Doctors (cont’d) Permanent Residence Sponsored by employer
Labor certification application
Not sponsored by employer
Extraordinary ability
National interest waiver

15. Doctors (cont’d) Institutional Liability Issues Wages Terminations
Recordkeeping

16. Nurses Visa Options Often no good short- term option H-1B H-1C TN-1
J-1
F-1
H-2B

17. Nurses (cont’d) Permanent Residence Options Licensing Credentialing
Procedure
Timing
quota delays
Licensing
Credentialing
CGFNS
Visa Screen

18. Overview How the E-Verify System Works
Basics/Enrollment
Employer Responsibilities/MOU
General Guidelines
Verification of Eligibility
Handling Negative Results
Practical Concerns & Considerations

19. Basics & Enrollment
Checks social security number against national databases-SSA & DHS
Voluntary (at least on federal level for non-contractors)
Enrollment online-
Execute MOU with DHS and SSA
Designate Corporate Administrator (oversees all hiring sites) / Designated Agent(s)
Read User Manual
Complete and pass on-line Tutorial
Non-contractors may register selected work locations

20. Employer Responsibilities/MOU
Main Employer Responsibilities
Post notices
Agree to visits by ICE and/or designees
Attach results to Form I-9 and retain for same time as form
Rebuttable presumption of compliance if confirmation is obtained
Notify DHS if continues to employ following non-confirmation (civil penalties $500-$1,000 for failure to notify)
If continued employment after Final Non-Confirmation a rebuttable presumption of violation of INA § 274A(a)(1)(A) is created
Note—Federal contractor MOU has NOT yet been issued

22. General Guidelines for E-Verify
Not a substitute for I-9 compliance
Does not provide protection against worksite enforcement
Cannot be used to pre-screen
Can only be used to verify eligibility of newly hired employees unless federal contractor
Queries must be conducted within 3 days after hire
You can leave the E-Verify program only after 30 days notice

23. Verification of Eligibility
(cont’d)
What you need:
Information from Section 1 and 2 from the Form I-9
Employees name
Date of Birth
Social Security Number
Citizenship Status employee attest to
A# or I-94 # if applicable
Document Type(s) submitted for I-9
Expiration dates for identification and eligibility documents
Identification document provided from List “B” must contain a photograph
Handling Verification of Existing Employees

24. Results Confirmation – GREEN LIGHT Final Non-Confirmation – RED LIGHT
Record the case verification number of Form I-9 or attach printout of result screen.
This ends the process - Obligation to re-verify remains for time limited authorizations.
Final Non-Confirmation – RED LIGHT
Record the case verification number of Form I-9 or attach printout of result screen

25. Results Tentative Non-Confirmation – YELLOW LIGHT
(cont’d)
Tentative Non-Confirmation – YELLOW LIGHT
System cannot perform immediate match
NOT grounds for termination
Follow up steps:
Double check input data to ensure no errors (if errors are found, run SSA query again)
Record case verification number
Inform employee of tentative non-confirmation

26. Results- TNC
(cont’d)
Inform employee he/she has the right to contest non-confirmation with SSA or DHS
If employee does not contest – YOU MUST TERMINATE EMPLOYMENT
If employee contests –must provide with a referral letter to SSA or refer to contact DHS. Employee has 8 Federal Working Days to contact SSA/DHS
10 Federal Working Days after referral, query the system

27. Advantages of Using E-Verify
Rebuttable presumption of compliance if confirmation is obtained—Swift
Allows employer to query system re validity of documentation
For employers with higher percentage of undocumented workers or greater use of fraudulent documents, saves time/training by identifying unauthorized workers prior to no-match
17 month STEM OPT extension

28. Disadvantages of Using E-Verify
Significant problems with underlying databases
Potential waiver of 4th Amendment protections
Limited to new hires unless contractor
No safe harbor from worksite enforcement
SSA may not extend 8-day resolution period
No formal appeals process
Continued employment after final non-confirmation results in rebuttable presumption of violation

29. Disadvantages of Using E-Verify
(cont’d)
Penalty of $500 to $1000 for each failure to notify of continued employment after final non-confirmation
Insufficient protection from discrimination claims
Value/impact of new photo tool questionable
30 day notification period to withdraw
Issue as to whether system can handle increased volume
Add’l HR and company time for process in addition to I-9

30. Practical Compliance Considerations
Audit of older I-9s
Electronic I-9 program
Employer Method v. Designated Agent
Who conducts queries-multiple locations
I-9 and E-Verify Policies
Training
Issues w/re existing employees

31. E-Verify Rule for Federal Contractors
Executive Order requires federal contactors to use E-Verify
Final rule effective date postponed to May 21, 2009 pending federal litigation
Requires E-Verify of:
All new employees
All existing employees assigned to contract
All existing employees if employer chooses to do so within 180 days

32. Impact of State and Local Laws
Just in the first half of 2008, 1267 pieces of legislation related to immigrants have been introduced among the 45 state legislatures – of that 175 became law in 39 states
Companies that knowingly hire illegal workers may face:
Possible loss of business licenses
Arizona, Tennessee, West Virginia
Possible loss of government grants and contracts
Arkansas, Colorado, Delaware, Georgia, Massachusetts, Minnesota, Oklahoma, Pennsylvania, Tennessee

33. Impact of State and Local Laws-State E-Verify Rules
E-Verify Required by all employers: AZ, MS, SC
Contractors: CO, GA, MN, MS, MO, OK, RI, SC, UT
Public employers: AZ, GA, MN, MS, MO, NC, OK, RI, SC, UT
Barred: IL
Note: ongoing litigation/injunctions

34. Questions ?

35. For Further Information
H. Ronald Klasko, Esq.
Klasko, Rulon, Stock & Seltzer, LLP
(Philadelphia)
(New York)