Loss of TPS Status: Employment-Based Sponsorship Options for Nurses

Hundreds of thousands of workers–many of them union members–are facing the loss of Temporary Protected Status (“TPS”) and work authorization as a result of the Supreme Court’s recent decisions. We encourage local unions to work to get their members screened for alternate pathways for immigration status–including family and humanitarian pathways, like asylum–that might preserve their right to remain and work in our country.

Due to the long wait times and challenging requirements for permanent sponsorship, employment-based immigration pathways are unlikely to benefit most TPS holders. There is, however, one important exception: licensed nurses. Because nurses are considered a perennial shortage profession, employers need not pass through a lengthy labor certification process to sponsor nurses for permanent status. But, there are several non-intuitive and restrictive requirements particular to individual nurses’ immigration histories that determine whether any particular individual is eligible. For those who do qualify, it is imperative that any such application be filed as soon as possible to preserve eligibility.

Even if only a handful of members turn out to qualify, proper and quick screening could make the difference between being rendered permanently undocumented versus a green card and pathway to citizenship. Come learn about the challenges and opportunities of employment sponsorship for RNs with TPS, and best practices for engaging with employers on this issue.

Speakers

Dan Berger
Partner, Green and Spiegel

Andrew Lyubarsky
Associate General Counsel, AFL-CIO

The AFL-CIO Union Lawyers Alliance will NOT be offering CLE for this webinar. It will be recorded.