Late on Friday, October 4, 2019, the president issued an Executive Order requiring certain foreign nationals to have health insurance before they will be admitted to the U.S.
The first thing you need to know about this is that it impacts only those applying for an immigrant visa at a U.S. Consulate abroad. That is, a visa that would grant them U.S. Permanent Residence (green card) status upon their entry to the U.S. So, in its current form this will not impact business visitors (B1/B2/ESTA), students (F-1), nonimmigrants (TN, H-1B, L-1, O-1, etc.) or even those applying for their green cards within the U.S.
Those who are applying for an immigrant visa abroad may meet the new health insurance requirement with any of the following approved plans:
Employer-sponsored plan, including a retiree plan, association health plan, and coverage provided by the Consolidated Omnibus Budget Reconciliation Act of 1985;
Unsubsidized health plan offered in the individual market within a State;
Short-term limited duration health policy effective for a minimum of 364 days - or until the beginning of planned, extended travel outside the United States;
Family member's plan;
Medical plan under chapter 55 of title 10, United States Code, including coverage under the TRICARE program;
Visitor health insurance plan that provides adequate coverage for medical care for a minimum of 364 days - or until the beginning of planned, extended travel outside the United States;
Medical plan under the Medicare program; or
Any other health plan that provides adequate coverage for medical care as determined by the Secretary of Health and Human Services or his designee.
This new Executive Order will come into effect on 11/3/2019.
This immigration alert is only being sent to company representatives. Please distribute to your employees as you see fit.
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If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.