Henry Ford Health System has filed a lawsuit against the U.S. Citizenship and Immigration Services on behalf of two Canadian citizens who have been denied TN NAFTA nonimmigrant visa status. TN NAFTA nonimmigrant status is an exemption which allows Canadian medical professionals to work in the U.S.
This lawsuit makes no sense because Canadian citizens are eligible for admission under U.S. law as nonimmigrant workers without a visa. Messers. Hric and Lau should have had no problem crossing the Detroit/Winsor border without any visa whatsoever.
This lawsuit smells like sue-and-settle sham litigation intended to change American laws using court authority to subvert the normal legislative procedure:
Henry Ford files lawsuit over work visa rejections
By Madeline Ashley - January 17, 2024Detroit-based Henry Ford Health System has filed a lawsuit against the U.S. Citizenship and Immigration Services for denying two of its Canadian radiologic technologist employees U.S. work visas, according to a lawsuit obtained by Becker's.
Tibor Hric, a Canadian citizen named in the lawsuit, has been with Henry Ford since 2009. Mr. Hric's TN North American Free Trade Agreement status was most recently deemed eligible in mid-April 2023 by USCIS until May 1, 2026, the lawsuit said.
After receiving status approval, Mr. Hric attempted U.S. entry last May and provided required documentation, but was refused entry after being detained at the border for several hours.
The TN NAFTA nonimmigrant status allows Canadian and Mexican professionals, like accountants, scientists, teachers, engineers, lawyers and pharmacists, to work in the U.S., according to the U.S. Citizenship and Immigration Services website.
Alex Lau, a Canadian citizen hired by the health system in 2017, received TN status approval in March 2020, valid until June 24, 2023.
When Henry Ford Health attempted to extend Mr. Lau's TN work visa status under the TN scientific technician/technologist classification, USCIS issued a request for evidence, suggesting that Mr. Lau did not properly qualify for the classification, according to the lawsuit.
"Due to the actions of Defendants USCIS and CBP, Plaintiff has been unable to continue to employ Mr. Hric and Mr. Lau in the positions they had held since 2009 and 2017, respectively, and their absence has created critical staffing issues that have negatively impacted Plaintiff's ability to deliver patient care," the lawsuit said.
The nonprofit health system has approximately 33,000 employees, according to the lawsuit.
In a defense response, also obtained by Becker's, a USCIS attorney suggested Henry Ford failed to provide a claim where relief can be granted.
"Defendants may have additional defenses that are not known at this time. Defendants specifically reserve the right to assert any and all additional affirmative defenses which they have or through discovery learn may be applicable," the response said.
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