Background
Most foreign educated nurses enter theUS through Consular Processing. Becauseof the newPresidential Proclamation that goes into effect on November 3, 2019,Musillo Unkenholt recommends that all US employers of foreign nurses — and allConsular Processed immigrant visas — immediately evaluate their corporatehealth insurance programs. Becauseimmigrants will now need to be enrolled in health insurance programs within 30days of entry into the US, employer policies may need to be renegotiated.
MU suggests that employers take thesesteps:
First, review your health insurancepolicy to confirm that new immigrants will be immediately eligible to enroll inhealth insurance programs.
Second, draft a letter outlining theemployer’s health insurance program for immigrants who are attending ConsularProcess interviews after November 3, 2019.
Third, continually follow up withthese immigrants to make sure that they are enrolled in health insuranceprograms within 30 days of entry into the US.
Frequently Asked Questions About thenew Presidential Proclamation on Health Insurance
If the employer’s program currentlycalls for new employees to enroll in more than 30 day will this be a problemunder the new Proclamation?
Yes. Immigrants must be offered the ability to be activated in theiremployer’s health insurance policy within 30 days of entry into the US.
Does the 30 day clock start from whenthe immigrant reports to work or from when the immigrant enters the US?
The 30 day clock starts from when theimmigrant enters the US. Theemployee’s start date is irrelevant.
What if the immigrant wants to take afew weeks and visit family before beginning with our company?
It does not matter. The immigrant must be enrolled in the healthinsurance program before the 30th day after entry to the US.
What if the immigrant fails to enrollin the health insurance program within 30 days?
The immigrant could conceivably befound to have committed immigration fraud, and could, theoretically, bedeportable. There is no liability on the part of the employer if the employeefails to enroll.
Can I ask the immigrant to enroll inmarket-based state health insurance plan?
Yes. But the market-based state health insurance plan must be unsubsidized bya US government entity.
Does an employer have to enrollspouses and children of dependents?
In order for spouses and children tobe approved for their immigrant visa they must prove to the Embassy/Consularofficial that they will be enrolled in a health insurance plan within 30 daysof entry into the US. Therefore, thespouses and children must either be eligible for enrollment on the employer’splan within 30 days of entry into the US or they must convince theEmbassy/Consular official that they will be covered under alternative healthinsurance.
Some of my immigrants enter the US toactivate their SSN and state license, but then exit the US after a fewdays. These immigrants then re-enter the USafter their SSN and state license is issued. When do these immigrants need to be enrolled under a health insurancepolicy?
Even though theseimmigrants will be quickly leaving the US, it is still necessary that theyprove to the Embassy/Consular official that they will obtain health insurancewithin 30 days of their initial entry.