Monday, April 21, 2025

Immigration Policy Essential to Ease U.S. Healthcare Staffing Crisis

Legal immigration pathways remain necessary to meet U.S. healthcare staffing needs for positions throughout the industry, including Registered Nurses, physicians, and nursing aides. A recent article from NPR highlights how Trump administration policies limiting legal pathways for nurses and other healthcare workers compromise healthcare throughout American hospitals, nursing homes and the entire healthcare system.

Citing research analysis by JAMA Network, a consortium of peer-reviewed, general medical and specialty publications, NPR emphasizes the prevalence and essentiality of foreign-born workers in the U.S. healthcare system:

  • 25% of physicians in the U.S. were born outside of the U.S.
  • Nearly 17% of the total healthcare workforce, or roughly 3.4 million workers, were born outside the U.S.
  • 1.1 million healthcare workers in the U.S. are noncitizens without permanent residency in the U.S.

The Trump administration has enacted a series of measures and threatened others to end legal protections for millions of U.S. immigrants, creating uncertainty not only for immigrants, but for their employers. The administration has attempted to end Temporary Protected Status (TPS) for millions of legally authorized workers in the U.S. and has threatened the status of immigrants, including doctors and nurses, brought to the country illegally as children who receive legal protection through the Deferred Action for Childhood Arrivals, or DACA, program.

Even prior to President Trump’s reelection, staffing shortages in the U.S. healthcare workforce have restricted access to healthcare in the U.S. A 2024 survey from the American Healthcare Association found that nearly half of nursing homes in the U.S. said they’ve had to limit new admissions because of staffing shortages, and the JAMA Network letter reports that shortages of nurses and other personnel caused two-thirds of hospitals to operate below full capacity in 2023.

If Trump administration policies continue to restrict legal immigration pathways, current healthcare staffing shortages will be further exacerbated, hospitals will face bottlenecks and healthcare facilities will be unable to meet healthcare needs in the U.S. Legal immigration pathways for nurses and healthcare workers are an essential tool in providing healthcare in the U.S.

Wednesday, April 16, 2025

F-1 Visa Alert

On April 9, 2025, the Department of Homeland Security announced it will begin reviewing social media posts of foreign students, specifically focusing on antisemitic content. At the same time, there have been increasing reports of F-1 student visa revocations.  We understand this may be concerning, and we want to share guidance to help you stay informed and compliant. Please read the following carefully.

What Does It Mean if My Visa is Revoked?

If your visa is revoked, you should receive an official notice from the U.S. Department of State. Remember, visa revocation affects your ability to enter the U.S., not your ability to stay here.  Your immigration status (your right to live and work in the U.S.) is based on your SEVIS record and I-94 card, which are handled by U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS).

Do I Need to Leave the U.S. if My Visa is Revoked?

Not necessarily. As long as your SEVIS record and I-94 remain valid, you can legally live and work in the U.S. even if your visa has been revoked. However, be aware that ICE may begin deportation proceedings in some cases. If that happens, your SEVIS record will be terminated, and you will receive a Notice to Appear (NTA) with a date, time, and location for your immigration court hearing.

What Happens if My SEVIS Record is Terminated? 

  • You immediately lose F-1 status and work authorization.
  • You may no longer remain in the U.S. legally.
  • Any F-2 dependents also lose their immigration status.

You should be notified by your Designated School Official (DSO), but we strongly recommend checking your SEVIS record regularly to catch any changes early.

What You Should Do Now:

  1. Check your SEVIS record regularly.  Make sure your SEVIS record stays active and that you are meeting all F-1 requirements (enrollment, attendance, tuition payments, etc.). 
  1. Review your social media activity. Avoid content that could be interpreted as antisemitic or critical of the U.S. or the Trump Administration. Assume your accounts will be reviewed carefully. 
  1. Consider your criminal history. Students with any arrest record—no matter how minor or whether charges were dropped—may face increased risk under current immigration enforcement practices.
  1. Know your legal options. If your SEVIS record has been terminated, there are lawsuits challenging the government's procedure of SEVIS termination. If you are interested in joining one of these lawsuits, please contact your MU attorney.
If you have specific questions or concerns about your situation, do not hesitate to reach out to your MU attorney directly.

Monday, April 14, 2025

May 2025 Visa Bulletin: Only EB-3 India Moves Forward

The Department of State has just issued the May 2025 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

A table with numbers and words

AI-generated content may be incorrect.

Table B: Dates for Filing

USCIS will continue to use the Table A Final Action Dates chart for I-485 employment-based filings in May 2025. See: USCIS Visa Bulletin Dates

MU Law Analysis

The only category to move forward is EB-3 India, with progress of 2 weeks.

All other categories made no progress in any chargeability area.

Thursday, April 3, 2025

Fiscal Year 2026 H-1B CAP Lottery Completed

USCIS announced it has received enough electronic registrations for unique beneficiaries during the H-1B CAP registration lottery to reach the fiscal year (FY) 2026 H-1B CAP of 85,000 beneficiaries.

The H-1B CAP lottery was open to employees filling positions requiring Bachelor’s degrees, which may include healthcare occupations such as Medical Technologists, Occupational Therapists, Physical Therapists, and even Registered Nurses.

Musillo Unkenholt has begun notifying clients who are H-1B lottery winners that they are eligible to file an H-1B cap-subject petition.

Selected registrations may be filed from April 1, 2025 – June 30, 2025.

If less than 85,000 CAP petitions are filed during the 90-day filing window, USCIS may issue additional selections in a subsequent round of the lottery. Individuals whose registrations are listed in the Registrant’s online account as “Submitted” are not yet rejected in the CAP but are eligible to be chosen in a later round of the lottery.

“Winning” the lottery does not guarantee an H-1B approval. Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval.