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StethescopeCompanion pieces of legislation have been introduced in the U.S. House of Representatives and U.S. Senate that aim to alleviate some of the long delays for medical professionals seeking to live and work in the United States on a permanent basis.

Specifically, this legislation proposes to recapture 40,000 unused immigrant visas from past years and make them available for doctors and nurses. Fifteen thousand of these visas would be made available to doctors and 25,000 would be made available to nurses. These visas would be allocated based on priority date without regard to country of birth. Unlimited visas for spouses and children of these visa applicants would also be available.

The legislation also includes a directive to the Departments of Homeland Security and State to expedite these application processes as much as possible.

A final component of the proposed legislation would require employers seeking these visas for prospective medical professional employees to attest that U.S. workers have not and will not be displaced.

If passed, this legislation would help foreign national medical professionals come to and remain in the United States. The passage of this legislation is ongoing, so we will continue to monitor its status.

Please contact the Foster Garvey Labor, Employment & Immigration team if you have any questions regarding this and other visa applications.

On August 13, 2018, the President signed into law new legislation that will impose heightened oversight of investments by Chinese persons in U.S. businesses. The Foreign Investment Risk Review Modernization Act (FIRRMA) provides greater specificity about the types of investments that the Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee of the U.S. government, may review and in turn block due to their potential threats to the national security of the U.S. The new law affects foreign direct investments from any country, but China is one of the countries it is particularly likely to affect.

Despite the rapid rise in Chinese investment in the U.S. in recent years, there has been some early speculation that the Trump Administration would not allow the level of Chinese investment to continue at the same rate.  

Proposals to limit Chinese investment continue to be floated in Congress. Recent developments suggest however that these concerns are overblown. Prospects for Chinese investment remain bright. At the same time, the Committee on Foreign Investment in the U.S. (CFIUS) retains considerable discretionary authority to block foreign direct investments from China and elsewhere, or to dictate changes to the terms of the deal. Threats to U.S. national security, including the safety of our country’s infrastructure, remain key criteria for CFIUS in its scrutiny of inbound transactions.  

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Foster Garvey’s International practice group comprises a cross-disciplinary group of attorneys practicing in areas ranging from business transactions, immigration, maritime, government regulatory work, transportation and logistics and estate planning. The group members include bilingual and multicultural attorneys who are well-versed in handling these subject matters in a cross-border context. A number of attorneys have been actively practicing in the international arena since the early 1970s.
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