Court denies hospital's bid to perform brain death test

Legal Issues

The Virginia Supreme Court has denied a hospital's request to allow it to immediately perform a test to determine whether a 2-year-old who choked on a piece of popcorn is brain dead.
 
The court Friday denied a petition from Virginia Commonwealth University Health System, which wants to perform an apnea test on Mirranda Grace Lawson. Mirranda's family has refused to allow it.

The Richmond Circuit Court ruled against the Lawsons last month but allowed them to pay a $30,000 bond barring the hospital from conducting the test while they appeal to the Virginia Supreme Court.

The hospital asked the state Supreme Court to throw out the circuit court's bond order. The Supreme Court didn't explain why it rejected the hospital's petition.

The Lawsons' appeal is due to the state Supreme Court in September.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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