NIH Postdoc Wage Policy Issue on the Horizon for Research Institutions and Hospitals
As reported by multiple news outlets in December 2023, an advisory group to the National Institutes of Health (NIH) released a report with a number of suggestions to improve the average postdoctoral experience and slow the loss of scientists to industry.
One of the major suggestions was to raise the minimum postdoc salary to $70,000, which would be an increase of over twenty percent (20%), and adjusting wages for annual inflation. The report also suggested limiting the length of postdoc appointments to 5 years, health care expansions, retirement, child care benefits, increased support for international postdocs, and other measures that are meant to enhance the quality of the postdoctoral experience.
In recent years there has been an unprecedented exodus of young life science researchers away from academia and into industry. If the NIH officially decides to support and implement these changes, the report writers hope it will secure the future of academia’s research workforce. However, there could be numerous unintended consequences, such as initially reducing the number of postdocs and potentially making it much harder for some universities and institutions to support postdocs if it is not possible for them to fund increases to postdoc salaries and benefits.
Links to articles:
Stat News, “NIH Panel Calls for Fewer, Better-Paid Postdocs in Bid to Halt Loss of Scientists to Industry” (December 15, 2023)
Science, “NIH Advisory Group Recommends $14,000 Boost In Postdoc Pay” (December 15, 2023)
USCIS Updates Policy Guidance for International Students
On December 20, 2023, US Citizenship and Immigration Services (USCIS) issued policy guidance regarding the F and M student nonimmigrant visa categories, including the USCIS’s role in adjudicating related applications for employment authorization, change of status, extension of stay, and reinstatement of status and their dependents in the United States. The guidance is meant to USCIS “provide welcome clarity to international students and U.S. educational institutions on a wealth of topics, including eligibility requirements, school transfers, practical training, and on- and off-campus employment.”
One example of this is that the guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon, but such a student may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate an intent to depart after a temporary period of stay.
Additionally, the guidance indicates how a student in F status who is seeking an extension of optional practical training based on a degree in a science, technology, engineering, or mathematics (STEM) field may be employed by a startup company, as long as the employer follows the training plan requirements, remains in good standing with E-Verify, and provides compensation commensurate to that provided to similarly situated U.S. workers, among other requirements.
US Department of Homeland Security Published Federal Register Notice Reiterating Extensions of Temporary Protected Status (TPS) Re-Registration Periods for Several Countries
On December 13, 2023, the US Department of Homeland Security (DHS) published a Federal Register notice reiterating extensions of the periods to re-register for Temporary Protected Status (TPS) under the existing designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.
As USCIS previously announced in September 2023, the re-registration period for each country is changing from 60 days to the full length of each country’s current TPS designation extension. The re-registration extensions are solely for TPS beneficiaries who properly filed for TPS during a previous registration period.
The 18-month re-registration periods for these current TPS beneficiaries, which are currently open, are extended to the following dates:
El Salvador, through March 9, 2025
Haiti, through August 3, 2024
Honduras, through July 5, 2025
Nepal, through June 24, 2025
Nicaragua, through July 5, 2025
Sudan, through April 19, 2025
Green Card Holder Denied Citizenship for Working in Cannabis Industry
As reported in Politico on December 23, 2023, due to a conflict between federal immigration laws and an increasing number of state laws legalizing cannabis, individuals working in the cannabis industry in states where cannabis is legal can be denied US citizenship. This is what happened to Ms. Maria Reimers when she and her US citizen husband opened a small retail shop in Washington state, where cannabis is legal. The shop sells state-regulated cannabis. After obtaining her green card through marriage, Ms. Reimers applied for US citizenship, but was denied for a lack of good moral character due to her employment history and participation in what USCIS considered “illicit drug trafficking.” This disconnect between federal immigration policy and state laws can cause a great deal of confusion and has been creating serious immigration problems for individuals involved in the cannabis industry.
US State Department Begins Limited Pilot Program for Stateside H-1B Visa Renewal
On December 21, 2023, the US State Department published an announcement regarding the details for the limited pilot program allowing for the stateside renewal of H-1B visas.
The pilot program will be limited to H-1B principal applicants (not including dependents) who are renewing a prior H-1B visa issued by the State Department’s US Consulates in Canada (“Mission Canada”) with an issuance date between 1/1/20 and 4/1/23, or by the State Department’s US Consulates in India (“Mission India”) with an issuance date between 2/1/21 and 9/30/21. Only 20,000 visa holders will be eligible for the pilot program/
The pilot program will begin accepting online applications on 1/29/24 and it will be open through 4/1/24, and will hopefully be expanded in the future
USCIS Increases Premium Processing Fees
On December 28, 2023, the US Department of Homeland Security (DHS) published a final rule related to an increase in the cost of premium processing services for various applications filed with US Citizenship and Immigration Services (USCIS).
The fee change will go into effect on February 26, 2024. If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024 with the incorrect filing fee, they will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.
DHS will use the revenue generated by the premium processing fee increase to provide premium processing services; make improvements to adjudications processes; respond to adjudication demands, including reducing benefit request processing backlogs; and otherwise fund USCIS adjudication and naturalization services.
H-1B Planning Season Is Upon Us
H-1B sponsorship is offered by US employers for Foreign Nationals working for those employers in Specialty Occupations which require at least a bachelor’s degree (or the equivalent in education and/or experience). Approved H-1B employees can work for the sponsoring employer for 3 years in the first instance.
USCIS has not yet announced any changes to the e-registration tool or cost this upcoming H-1B cap season. As such, employers seeking to file H-1B cap-subject petitions for the new fiscal year cap, including those eligible for the advanced degree exemption, must first electronically register.
USCIS will open an initial registration period in March. The H-1B random lottery process, if needed, will then be run on those electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions. Given this advanced timeline for e-registration, it is now the best time for employers to decide whether they will file H-1B petitions.
Please feel free to contact the attorneys of Iandoli, Desai & Cronin now with your questions about potential H-1B sponsorship.
Firm News
Attorney Prasant D. Desai presented at the 2023 Physician Immigration Law Institute in D.C. on “Thorny Issues Faced by International Medical Graduate Physician Couples-- exploring legal issues and practical considerations when advising physician couples about immigration visa options.” Mr. Desai represents medical schools, hospitals, physician practices and physicians with immigration issues.
Attorney Mary E. Walsh presented on a panel to the American Immigration Lawyers Association’s New England Chapter about the effects of layoffs on Foreign National workers and their U.S. employers. They discussed the effects of layoffs in both temporary & permanent work visa categories, eligibility for grace periods and explored remedial options for those workers and their employers as well.
December Visa Bulletin
Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
In December, the EB-1 preference category on the Final Action Chart remains current for all countries other than China and India. The EB-1 priority dates for China and India have not advanced since the October Visa Bulletin was released.
U.S. Citizenship and Immigration Services (USCIS) determined that Chart B (Dates for Filing Employment-Based Visa Applications) could be used in December. Both the EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.”
The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
Special Passport Acceptance Fairs held at select locations
The U.S. Department of State has provided information about special passport acceptance fairs being held at specific locations. Passport acceptance facilities such as post offices, libraries, and local government offices are hosting special passport acceptance fairs across the United States to help you and your family apply for your passport. Most events are for first-time customers and children using Form DS-11 to apply. Applicants who want to renew their passport are encouraged to renew by mail.
Some passport acceptance facilities are always open on the weekends. Applicants can locate a facility nearby by using the State Department’s Acceptance Facility Search Tool.
Passport acceptance facilities only offer routine and expedited service. To apply for a passport for urgent travel, applicants are encouraged to make an appointment at a passport agency or center.