Volume 96 — No. 8 — October 2025 ALSO INSIDE: Annual Meeting • 2025 OBA Award Winners A Contract for Deed Transfers Equitable Title to the Buyer (16 O.S. §11A) Immigration Law
contents October 2025 • Vol. 96 • No. 8 PLUS 36 A Contract for Deed Transfers Equitable Title to the Buyer (16 O.S. §11A) By Kraettli Q. Epperson 41 Annual Meeting 64 Women in Law Conference Photo Highlights 65 2026 Committee Sign-Up 66 Access to Justice THEME: Immigration Law Editor: Norma Cossio FEATURES 8 Navigating Immigration Court Hearings for Oklahoma Residents: Master Calendar and Individual Hearings Explained By Yovana Lopez Medina 14 A Call To Reform Work Authorization Options for Foreign Nurses By Diane Hernandez 26 Duarte-Gonzalez: Overcoming Unlawful Presence Under §212(a)(9)(B) of the Immigration and Nationality Act From Inside the United States By Katelyn Wade 30 Immigration Relief for Victims of Abuse and Crimes By Lorena Rivas DEPARTMENTS 4 From the President 6 Bar News in a Minute 68 From the Executive Director 72 Law Practice Tips 76 Board of Governors Actions 82 Oklahoma Bar Foundation News 86 Bench & Bar Briefs 88 In Memoriam 91 Editorial Calendar 92 Classified Ads 96 The Back Page PAGE 64 – Women in Law Conference Photo Highlights
THE OKLAHOMA BAR JOURNAL 4 | OCTOBER 2025 In anticipation of the July 4th holiday (and Constitution Day – and yes, I know that was last month), I had been trying to recall from my childhood all the ways my parents and my hometown of Skiatook used to make it a special, patriotic event. Certainly, the parades, fireworks displays and cookouts are a part of those memories. I also remember times when Abraham Lincoln’s “house divided” speech was quoted, both in school and as part of the speeches given at the end of some of the public celebrations. It seems to me that in grade school, I was required to memorize and recite this portion of the speech: A house divided against itself cannot stand. I believe this government cannot endure, permanently, half slave and half free. I do not expect the Union to be dissolved – I do not expect the house to fall – but I do expect it will cease to be divided. It will become all one thing or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward, till it shall become alike lawful in all the States, old as well as new – North as well as South. While I recall the exercise of memorization and recitation, I do not recall any of my teachers or the local politicians making the connection between Mr. Lincoln’s speech and the ancient parable: “If a kingdom is divided against itself, that kingdom cannot stand. If a house is divided against itself, that house cannot stand.” It was while researching the origin of Mr. Lincoln’s reference in his speech that I came across the reference to The Federalist Papers, which led to further reading, and these thoughts I share with you. FOR THOSE OF YOU WHO MAY HAVE FORGOTTEN your high school Latin (or who were smart enough to take a “living” language, like Spanish or French), the phrase “divide et impera” means “divide and rule.” I retain only smatterings of the Latin I and II I endured in high school (although I still remember Latin II as the only “B” on my transcript, not that it bothered me ... ), so when I came across the phrase in “Federalist No. 7,” I had to look it up. Recognizing that you may not be, as I am not, a Constitution nerd, I will pass along the information that the author of The Federalist Papers is Publius, the collective nom de plume of Alexander Hamilton, James Madison and John Jay. Beginning in 1787, Publius wrote a series of 85 essays in support of the adoption of the proposed United States Constitution. In the instance of “Federalist No. 7,” Publius was Alexander Hamilton. “Federalist No. 7” is an essay setting forth Mr. Hamilton’s arguments in support of the adoption of the Constitution by the state of New York on the grounds that a union of states would be less contentious and vulnerable than individual states. One of Mr. Hamilton’s posited possible disputes between the states was conflicting alliances by the respective states with foreign nations. It was in the context of Mr. Hamilton’s discussion of conflicting alliances with foreign nations that he used the Latin phrase, stating, “Divide et impera must be the motto of every nation that either hates or fears us.” Mr. Hamilton was pointing out that for enemies of our country, creating divisions in the unity of these United States is the surest path toward defeating and conquering the wonderful experiment that our form of federal government represents. Since I have freely admitted that I am not a Constitution nerd, you might wonder why I would be reading The Federalist Papers. Divide et Impera From the President By D. Kenyon “Ken” Williams Jr. D. Kenyon “Ken” Williams Jr. is a shareholder and director at Hall Estill in Tulsa. 918-594-0519 kwilliams@hallestill.com (continued on page 71)
OCTOBER 2025 | 5 THE OKLAHOMA BAR JOURNAL JOURNAL STAFF JANET K. JOHNSON Editor-in-Chief janetj@okbar.org LORI RASMUSSEN Managing Editor lorir@okbar.org EMILY BUCHANAN HART Assistant Editor emilyh@okbar.org LAUREN DAVIS Advertising Manager advertising@okbar.org HAILEY BOYD Communications Specialist haileyb@okbar.org Volume 96 — No. 8 — October 2025 D. KENYON WILLIAMS JR., President, Sperry; AMBER PECKIO, President-Elect, Tulsa; RICHARD D. WHITE JR., Vice President, Tulsa; MILES PRINGLE, Immediate Past President, Oklahoma City; JOHN E. BARBUSH, Durant; BENJAMIN J. BARKER, Enid; CODY J. COOPER, Oklahoma City; KATE N. DODOO, Oklahoma City; PHILIP D. HIXON, Tulsa; JANA L. KNOTT, El Reno; CHAD A. LOCKE, Muskogee; WILLIAM LADD OLDFIELD, Ponca City; TIMOTHY L. ROGERS, Tulsa; NICHOLAS E. THURMAN, Ada; JEFF D. TREVILLION, Oklahoma City; LUCAS M. WEST, Norman; ALEXANDRA J. GAGE, Chairperson, OBA Young Lawyers Division, Tulsa The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage paid at Oklahoma City, Okla. and at additional mailing offices. Subscriptions $85 per year. Law students registered with the OBA and senior members may subscribe for $45; all active members included in dues. Single copies: $8.50 Postmaster Send address changes to the Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152-3036. THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2025 Oklahoma Bar Association. Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. Advertisers are solely responsible for the content of their ads, and the OBA reserves the right to edit or reject any advertising copy for any reason. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Information about submissions can be found at www.okbar.org. BAR CENTER STAFF Janet K. Johnson, Executive Director; Gina L. Hendryx, General Counsel; Julie A. Bays, Director of Management Assistance Program; Chris Brumit, Director of Administration; Beverly Petry Lewis, Administrator MCLE Commission; Gigi McCormick, Director of Educational Programs; Lori Rasmussen, Director of Communications; Richard Stevens, Ethics Counsel; Robbin Watson, Director of Information Technology; John Morris Williams, Executive Consultant; Loraine Dillinder Farabow, Jana Harris, Jamie Jagosh, Katherine Ogden, Steve Sullins, Assistant General Counsels Barbara Acosta, Taylor Anderson, Les Arnold, Gary Berger, Hailey Boyd, Cassie Brickman, Amber Brumit, Cheryl Corey, Lauren Davis, Nickie Day, Ben Douglas, Melody Florence, Matt Gayle, Emily Buchanan Hart, Steve Jagosh, Debra Jenkins, LaRica Krischel, Rhonda Langley, Durrel Lattimore, Renee Montgomery, Jaycee Moseley, Tracy Sanders, Mark Schneidewent, Ben Stokes, Krystal Willis, Laura Willis & Roberta Yarbrough Oklahoma Bar Association 405-416-7000 Toll Free 800-522-8065 FAX 405-416-7001 Continuing Legal Education 405-416-7029 Ethics Counsel 405-416-7055 General Counsel 405-416-7007 Lawyers Helping Lawyers 800-364-7886 Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Board of Bar Examiners 405-416-7075 Oklahoma Bar Foundation 405-416-7070 www.okbar.org OFFICERS & BOARD OF GOVERNORS BOARD OF EDITORS MELISSA DELACERDA, Stillwater, Chair BECKY R. BAIRD, Miami MARTHA RUPP CARTER, Tulsa NORMA G. COSSIO, Enid MELANIE WILSON RUGHANI, Oklahoma City EVAN A. TAYLOR, Norman ROY TUCKER, Muskogee MAGDALENA A. WAY, El Reno DAVID E. YOUNGBLOOD, Atoka
THE OKLAHOMA BAR JOURNAL 6 | OCTOBER 2025 Bar News in a Minute MICHAEL HORN TO SERVE AS OBA MOCK TRIAL PROGRAM COORDINATOR The Oklahoma Bar Association welcomes Michael Horn, a lawyer and educator in Jenks, into his new role as program coordinator for the Oklahoma High School Mock Trial Program. Mr. Horn, a longtime mock trial team coach, is taking over for program coordinator Judy Spencer, who retired at the end of this spring’s mock trial season after 20 years of service. A 2006 graduate of the TU College of Law, Mr. Horn is an attorney with a general practice in the Tulsa area. He has served as a teacher and coach for Jenks Public Schools since 1991, instructing high school classes, including AP capstone and AP comparative government and politics. He began serving as the Jenks mock trial team coach in 2005 and has coached the team through several final rounds, including winning the state championship this year and placing sixth at the national competition. He also coaches the high school’s academic team and serves as the gifted and talented education coordinator for Jenks Public Schools. The High School Mock Trial Program involves students in grades 9-12 modeling the roles of attorneys, plaintiffs and defendants. They actively prepare and present their cases under the direct supervision of teacher coaches and attorney advisors. Although these are mock trials, they are heard by real judges in a courtroom setting, and student performance is evaluated by a panel of lawyers. For more information about the Oklahoma High School Mock Trial Program, visit www.okbar.org/mocktrial. IMPORTANT UPCOMING DATES The OBA Annual Meeting will be held Nov. 6-7 at the Sheraton Oklahoma City Downtown Hotel. During this year’s meeting, bar business will be conducted, and the annual OBA Awards will be presented. Registration is now open! Read more about this year’s meeting on page 41 of this issue and register online at https://bit.ly/3KzSxaJ. The Oklahoma Bar Center will be closed Monday, Nov. 11, in observance of Veterans Day. The bar center will also be closed Thursday and Friday, Nov. 27 and 28, in observance of the Thanksgiving holiday. LAUNCHING YOUR LAW PRACTICE Join the OBA Management Assistance Program on Tuesday, Oct. 21, for Launching Your Law Practice: A Hands-On Workshop. This is a no-cost, semiannual event for new lawyers, those returning to private practice or those venturing out on their own. This day-long workshop will address resources for designing a client-centered firm, improving your workflow, business planning and more. Learn more at www.okbar.org/oylp. LHL DISCUSSION GROUP HOSTS NOVEMBER MEETINGS The Lawyers Helping Lawyers monthly discussion group will meet Thursday, Nov. 6, in Oklahoma City at the office of Tom Cummings, 701 NW 13th St. The group will also meet Thursday, Nov. 13, in Tulsa at the office of Scott Goode, 1437 S. Boulder Ave., Ste. 1200. The Oklahoma City women’s discussion group will meet Thursday, Nov. 20, at the first-floor conference room of the Oil Center, 2601 NW Expressway. Each meeting is facilitated by committee members and a licensed mental health professional. The small group discussions are intended to give group leaders and participants the opportunity to ask questions, provide support and share information with fellow bar members to improve their lives – professionally and personally. Visit www.okbar.org/lhl for more information, and keep an eye on the OBA events calendar at www.okbar.org/events for upcoming discussion group meeting dates.
OCTOBER 2025 | 7 THE OKLAHOMA BAR JOURNAL CONNECT WITH THE OBA THROUGH SOCIAL MEDIA Are you following the OBA on social media? Keep up to date on future CLE, upcoming events and the latest information about the Oklahoma legal community. Connect with us on LinkedIn, Facebook and Instagram. MATTHEW TODD CHESBRO APPOINTED ASSOCIATE DISTRICT JUDGE FOR TULSA COUNTY On Aug. 29, Gov. Kevin Stitt appointed Matthew Todd Chesbro as associate district judge for Tulsa County. Judge Chesbro, a Stillwater native, most recently served as a special judge for the Tulsa County District Court, which he was appointed to in January 2024. He served nearly 15 years as an assistant district attorney between the Tulsa County and Rogers County district attorney offices. Judge Chesbro received his bachelor’s degree in accounting from OSU in 1992 and his J.D. from the OU College of Law in 1996. PUBLISHED OKLAHOMA LAWYER AUTHORS SOUGHT FOR BOOK COLLECTION PROJECT Have you authored a published book, or do you know an Oklahoma lawyer who has? Your books are in demand! Published works by Oklahoma attorney authors are being collected for a project to benefit the Oklahoma County Law Library. Please contact Bill Sullivan at 405-795-1206 or by email at billsullivan@cox.net to add your book to the growing collection of nearly 80 books so far. PLAIN LANGUAGE EVICTION FORMS NOW AVAILABLE ON THE OSCN WEBSITE Recent statutory changes pertaining to eviction actions require an affidavit to be filed with the court clerk of the applicable county, along with a properly served summons, both written in simple, easy-to-understand language (12 O.S. §1148.15-16). The OBA, working in tandem with the Oklahoma Access to Justice Foundation, formed a working group to develop these plain language forms, which were recently finalized and approved. These forms are now available for public download on the OSCN website at https://bit.ly/48mWnOq. OBA members can learn more about these efforts by viewing “Put it Plainly: How the Use of Plain Language Can Increase Equity and Procedural Fairness in Small Claims Eviction Proceedings” by Katie Dilks and Shandi Stoner in the August 2022 issue of the Oklahoma Bar Journal, available at https://bit.ly/46sfzYH. 2026 PROPOSED BUDGET Pursuant to Article VII, Section 1 of the Rules Creating and Controlling the Oklahoma Bar Association, Amber Peckio, president-elect and Budget Committee chairperson, has set a public hearing on the 2026 OBA budget for Tuesday, Oct. 14, at 1:30 p.m. at the Oklahoma Bar Center, 1901 N. Lincoln Blvd., in Oklahoma City. LET US FEATURE YOUR WORK We want to feature your work on “The Back Page” and the Oklahoma Bar Journal cover! All entries must relate to the practice of law and may include articles, reflections or other insights. Poetry, photography and artwork connected to the legal profession are also welcome. Photographs and artwork relating to featured topics may also be published on the cover of the journal. Email submissions of about 500 words or high-resolution images to OBA Communications Director Lori Rasmussen at lorir@okbar.org.
OCTOBER 2025 | 9 THE OKLAHOMA BAR JOURNAL Immigration Law Navigating Immigration Court Hearings for Oklahoma Residents: Master Calendar and Individual Hearings Explained By Yovana Lopez Medina UNDERSTANDING THE INTRICACIES OF IMMIGRATION COURT PROCEEDINGS is essential for immigration attorneys representing clients in Oklahoma, a state with a growing immigrant population. This article aims to demystify the two primary types of hearings in immigration court – master calendar hearings and individual hearings – and provide practical insights for practitioners whose clients’ cases are assigned to courts outside Oklahoma, primarily the Dallas Immigration Court. WHAT ARE IMMIGRATION COURTS? Immigration courts are specialized courts under the Executive Office for Immigration Review (EOIR), a branch of the U.S. Department of Justice. These courts conduct removal proceedings to determine whether a noncitizen (referred to as the “respondent”) can remain in the United States or must be removed. The proceedings are adversarial, involving an immigration judge, a government attorney from the Department of Homeland Security (DHS) and the respondent and their legal representative. RIGHT TO COUNSEL It’s crucial to note that respondents in immigration court do not have the right to a government- funded attorney, regardless of their age or whether they are unaccompanied minors. As a result, many respondents, including vulnerable populations like minors, must navigate complex legal processes without legal representation unless they can secure private counsel or pro bono assistance. THE ABSENCE OF AN IMMIGRATION COURT IN OKLAHOMA Oklahoma does not have its own immigration court. As a result, respondents residing in Oklahoma typically have their cases assigned to the Dallas Immigration Court in Texas. This situation presents unique logistical and legal challenges for both attorneys and clients, including travel considerations and familiarity with the procedures of an out-ofstate court. MASTER CALENDAR HEARINGS Purpose and Procedure A master calendar hearing is a preliminary, brief proceeding where the immigration judge manages the progress of a case. Key activities during this hearing include: Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
THE OKLAHOMA BAR JOURNAL 10 | OCTOBER 2025 Confirming the respondent’s identity and address Reviewing the notice to appear (NTA) to ensure it meets legal requirements Handling pleas to the allegations and charges Setting deadlines for applications and evidence submission Scheduling the date for the individual hearing What Oklahoma Attorneys Need To Know Travel logistics. Since the hearings are held in Dallas, plan for travel time and expenses. Ensure that both you and your client can appear in person or request a telephonic or video appearance if permitted. Timeliness and preparation. Arriving early is crucial. The Dallas Immigration Court handles a large docket, and delays can negatively impact your client’s case. Language considerations. If your client requires an interpreter, the court will provide one. Confirm the need for specific language services in advance to prevent delays. Document submission. Familiarize yourself with the Dallas court’s requirements for submitting documents. Not all immigration cases are eligible for electronic filing via the EOIR Courts & Appeals System (ECAS). Specific Considerations for Oklahoma Practitioners Interstate practice. Ensure you are authorized to practice in the immigration court, specifically that you are registered with the EOIR. Immigration law is federal; thus, attorneys licensed in any U.S. jurisdiction can represent clients, but you must comply with the court’s local rules. Client support. Assist your client in understanding the necessity of attending hearings out of state and explore options for minimizing travel burdens, such as requesting venue changes or telephonic or video appearances when appropriate. INDIVIDUAL HEARINGS Purpose and Procedure An individual hearing is a merits hearing where the immigration judge makes a substantive decision on the case. It involves: Presentation of detailed testimony by the respondent Examination and cross- examination of witnesses Submission of evidence and legal arguments from both parties What Oklahoma Attorneys Need To Know Thorough preparation. Develop a compelling case narrative, supported by credible evidence and relevant legal precedents. Witness coordination. Coordinate the appearance of witnesses, who may also need to travel to Dallas. Understanding court expectations. Familiarize yourself with the preferences and expectations of the Dallas Immigration Court judges to tailor your case presentation effectively. Specific Considerations for Oklahoma Practitioners Scheduling challenges. Be aware that individual hearings may be scheduled months or years in advance due to court backlogs. Maintain regular communication with your client during this period to keep them informed and engaged. TYPES OF RELIEF AVAILABLE IN IMMIGRATION COURT During removal proceedings, respondents may apply for various forms of relief to prevent deportation. Understanding these options is crucial for effective representation. Asylum, Withholding of Removal and CAT Protection Asylum. Asylum is available to those who have suffered past persecution or have a well-founded fear of future persecution in their home country based on race, religion, nationality, membership in a particular social group or political opinion. Withholding of removal. This is similar to asylum, but it has a higher burden of proof and does not lead to permanent residency. Protection Under the Convention Against Torture (CAT). CAT protection is for individuals who can prove they are more likely than not to be tortured if returned to their home country. Cancellation of Removal For lawful permanent residents (LPRs). LPRs who have resided in the U.S. for a certain period and meet specific criteria can apply to cancel their removal. For nonpermanent residents. This requires continuous physical presence in the U.S. for at least 10 years, good moral character and proof that removal would result in exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent or child. Adjustment of Status Eligible respondents are allowed to become lawful permanent Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
OCTOBER 2025 | 11 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. residents without leaving the United States through adjustment of status. This typically involves having an approved visa petition and being admissible to the U.S. Voluntary Departure This permits the respondent to leave the U.S. voluntarily by a specific date, avoiding a formal removal order, which can have less severe immigration consequences. PROSECUTORIAL DISCRETION Prosecutorial discretion refers to the authority of DHS and its immigration enforcement agencies to decide whether to enforce or not enforce immigration laws against a person or group of people. This discretion can be exercised at any stage of the immigration enforcement process and can result in various outcomes, such as: Termination of proceedings: The government attorney may move to dismiss the case, effectively ending removal proceedings against the respondent Administrative closure: Temporarily halting proceedings without a final decision, which can be reopened at a later date Stipulations to relief: Agreeing to certain forms of relief or not contesting applications for relief sought by the respondent Prosecutorial discretion is especially important given the limited resources of immigration courts and enforcement agencies. It allows DHS to prioritize cases that align with current enforcement priorities, such as those involving national security, public safety or border security concerns. It also allows for respondents with the following relief the opportunity for U.S. Citizenship and Immigration Services (USCIS) to adjudicate their applications prior to an immigration judge making a removability finding. Special Forms of Relief for Vulnerable Populations Special immigrant juvenile status (SIJS). For minors who have been abused, abandoned or neglected by one or both parents. U visas. For victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement. T visas. For victims of human trafficking. How To Request Prosecutorial Discretion Attorneys can request prosecutorial discretion on behalf of their clients by: Submitting a formal request: Emailing the corresponding Office of the Principal Legal Advisor (OPLA) outlining the factors that warrant discretion Highlighting positive equities: Presenting compelling humanitarian factors, such as long-term residence in the U.S., family ties, employment history, community involvement or severe medical conditions Demonstrating low enforcement priority: Arguing the client does not fall within Be aware that individual hearings may be scheduled months or years in advance due to court backlogs. Maintain regular communication with your client during this period to keep them informed and engaged.
THE OKLAHOMA BAR JOURNAL 12 | OCTOBER 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. the categories prioritized for removal under current DHS guidelines Considerations for Oklahoma Practitioners Timeliness. Requests for prosecutorial discretion should be made as early as possible in the proceedings. However, in the Dallas Immigration Court, it is common not to receive a response until a court date is near. Documentation. Provide thorough documentation to support the request, evidence of relief filed with USCIS, affidavits, letters of support, medical records and any other relevant evidence. Coordination with DHS counsel. Engage in professional dialogue with the DHS attorney assigned to the case to discuss the possibility of exercising discretion. CONFIDENTIALITY AND ATTORNEY-CLIENT PRIVILEGE Effective representation depends not only on legal knowledge but also on ensuring that clients trust you with sensitive information. When working with non-English- speaking clients, particularly those with limited familiarity with the U.S. legal system, maintaining confidentiality requires extra care. Attorney-Client Privilege Under ORPC Rule 1.6 All communications between attorney and client are privileged. Under the Oklahoma Rules of Professional Conduct (ORPC) Rule 1.6, attorneys must safeguard any information relating to the representation of a client and may not reveal such information without informed consent. Use of Qualified Interpreters Only engage interpreters or translators who: Are impartial (no conflicts of interest) Are proficient in both English and the client’s language, including any specific dialect or indigenous language Understand legal terminology sufficiently to avoid inadvertent disclosure or distortion of privileged information Are not family members or friends, as this may lead to bias or breaches of confidentiality Supervision of Nonlawyers (ORPC Rule 5.3) Attorneys must supervise nonlawyer translators and interpreters to ensure they understand and commit to preserving client confidentiality. This may include: Having the interpreter sign a confidentiality acknowledgment Briefing the interpreter on privilege obligations before any substantive discussion Considering asking your client to sign a release when working with interpreters and translators Document Translation and Storage When translating documents (e.g., affidavits, country-conditions reports, etc.), translators must include a certificate of translation. Keep all translated and original documents in secure, access-restricted folders (paper or electronic). Client Reassurance Explain confidentiality protections in plain language, ensuring the client understands that what they tell you remains private unless they authorize disclosure and that even when using an interpreter, the interpreter is ethically bound to maintain confidentiality. This reassurance helps build trust and encourages clients to share complete, candid information necessary for strong advocacy. PRACTICAL TIPS FOR PRACTITIONERS REPRESENTING OKLAHOMA RESIDENTS Stay Informed Keep up to date with EOIR announcements and changes in immigration law that may affect your client’s case. 2025 UPDATE: DHS ENFORCEMENT PRIORITIES – PROSECUTORIAL DISCRETION UNAVAILABLE Following 2025 changes rescinding prior DHS/EOIR prosecutorial discretion guidance and tightening enforcement, OPLA is no longer entertaining requests for prosecutorial discretion (e.g., dismissals, administrative closures or continuances). Practitioners should proceed on the assumption that prosecutorial discretion will not be granted.
OCTOBER 2025 | 13 THE OKLAHOMA BAR JOURNAL Network Connect with immigration attorneys in both Oklahoma and Texas to share insights and strategies. Cultural Competency Understand your client’s cultural background to enhance communication and strengthen your case presentation. CONCLUSION Navigating immigration court hearings for Oklahoma residents requires a blend of legal expertise, logistical planning and cultural sensitivity. By thoroughly preparing for master calendar and individual hearings and understanding the procedures of the Dallas Immigration Court, attorneys can effectively advocate for their clients despite the geographical challenges. ABOUT THE AUTHOR Yovana Lopez Medina is an immigration attorney at Michael Brooks Jimenez PC, representing Oklahomans in familybased immigration, humanitarian relief and removal defense. A graduate of the OCU School of Law, she led the Immigration Legal Society and the Hispanic Law Student Association and served on the Dean’s Diversity Council. She volunteers widely and serves as board secretary for Bottom Rail History. She was inducted into the OCCC Alumni Hall of Fame in 2024 and recognized as a NextGen Under 30 winner in 2023. Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
THE OKLAHOMA BAR JOURNAL 14 | OCTOBER 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Immigration Law A Call To Reform Work Authorization Options for Foreign Nurses By Diane Hernandez
OCTOBER 2025 | 15 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. THE UNITED STATES IS EXPERIENCING A CRITICAL NURSING SHORTAGE. This is not news. In fact, experts have been warning about the shortage of qualified nurses for more than a decade, and they expect the shortage to continue through the foreseeable future.1 A nursing shortage left unchecked will create a domino effect of problems that will impact all sectors of society, including higher health care costs and diminished quality of life for patients.2 The reasons for the shortage are varied and include factors related to an aging population requiring more frequent medical care,3 burnout caused by the COVID-19 pandemic, a retiring nursing workforce, lower nursing school enrollment and a severely backlogged pipeline of foreign national nurses (i.e., nurses who are not naturalized citizens of the U.S.) seeking lawful employment in the U.S. who are stuck in the U.S. immigration system.4 These nurses should be considered an important part of the overall solution, as employing them in the U.S. will help meet an urgent need in a field that is critically important to the health and welfare of the United States. This article will discuss current shortages and projections and offer suggestions on reforming and improving the present system of providing work authorization in the U.S. for foreign national nurses. THE PROBLEM The need for a steady workforce of qualified nurses5 in the United States is constant, and it will continue to grow over the next few decades. Unfortunately, the U.S. has struggled to keep a sufficient nursing workforce to meet national demand. On average in the U.S., there are only nine registered nurses per 1,000 people; in Oklahoma, there are between seven and 7.9 registered nurses per 1,000 people.6 As of 2022, there were 3.07 million registered nurses for a national population of over 333 million; in Oklahoma, by comparison, there were 30,320 registered nurses in a state of just over 4 million people.7 Experts estimate the U.S. will need to add more than 1 million new nurses to the workforce by 2030 to meet the nation’s health care demands,8 which is an average of 166,666 nurses per year, while others say that number will have to be closer to 200,000 nurses per year.9 However, estimates show that only about 177,400 nurses are expected to enter the workforce in the decade between 2022 and 2032, meaning that not even one year of projected need is expected to be met.10, 11 The U.S. is experiencing the current nursing shortage for a
THE OKLAHOMA BAR JOURNAL 16 | OCTOBER 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. variety of reasons. First, a large segment of the U.S. population is getting older and will require more medical care as they age. America currently has more people over the age of 65 than at any time in history, and their health care needs continue to grow.12 Baby boomers represent a “silver tsunami”13 of about 21% of American adults.14, 15 Estimates show that by 2029, there will be 71 million Americans over the age of 64.16 Further, according to the U.S. Census Bureau, by 2050, there will be approximately 82 million Americans over 64, which will represent almost onefourth of the U.S. population.17 Second, the current shortages can be directly attributed to the COVID-19 pandemic. Between 2020 and 2021, there was a drop in the nursing workforce of around 100,000 registered nurses, which marked the largest decline of nurses in the U.S. in 40 years.18 Some of the documented reasons for this decline were related to the adequacy of staffing at hospitals, physical exhaustion and burnout and the sufficiency of personal protective equipment (PPE).19 Nurses were universally overworked during the peak of the pandemic, and many faced concerns about their own exposure to the disease. This increased pressure and stress took a physical and mental toll on the nurses working with COVID-19 patients, leading to a general sense of burnout.20 Most of the registered nurses who left the nursing profession during the pandemic were under the age of 35, and most worked in a hospital setting.21 A third reason for the nursing shortage is that a large percentage of nurses currently in the workforce are aging and nearing the end of their careers. Approximately 1 million U.S. nurses are at least 50 years old, and nearly 60% are over age 40.22 In a survey taken in December 2023, more than one in five in the U.S. stated that they planned on retiring before the end of 2028.23 A fourth reason for the shortage is related to a declining interest in nursing school enrollment by qualified students. According to the American Association of Colleges of Nursing, enrollment in bachelor’s degree programs fell in 2022, marking the end of a 20-year period of growth in those programs.24 Enrollment is also down for nursing students seeking master’s degrees and for those pursuing doctoral programs.25 To make matters worse, because of budget constraints, salary inequality and aging faculty members, many nursing schools have not had enough educators in classrooms to teach courses for incoming nursing students – a problem that led U.S. nursing schools to turn away tens of thousands of would-be students in 2019.26 Another reason that can be attributed to the current shortage is an overall dissatisfaction with the profession itself among those in the workforce. Nursing workplaces across the country suffer from high rates of turnover and low rates of retention. One study found that more than half of nurses leave their jobs within the first two years of starting work in the field.27 According to a 2022 survey of registered nurses, those specifically working in a hospital setting had the lowest level of job satisfaction among others in the nursing profession.28 If the shortage maintains its present course and trajectory, more and more patients will have to wait longer in medical facilities that do not have adequate staff, and the overworked staff may feel rushed to get patients seen quickly. This could lead to errors in medication dosage and other care delivery tasks by a burned-out staff, which, in turn, could mean a higher number of fatalities.29 Because of the shortage, some communities are facing hospital closures, and many medical centers around the country have had to close medical departments or end services.30 In June 2023, as many as 293 rural hospitals were at risk of immediate closure.31 It is expected that 42 out of the 50 states will experience nursing staff shortages by 2030, the year that all baby boomers will have reached retirement age.32 ADDRESSING THE SHORTAGE WITH FOREIGN NATIONAL NURSES One solution that could almost immediately increase the number of nurses in the U.S. is bringing in more foreign national nurses for lawful employment. Qualified nurses from countries around the world can help ease current U.S. shortages while bringing their professional, linguistic and cultural skills to the workplace.33 The U.S. has welcomed many foreign national nurses through various immigration programs over the years, and America is still the preferred destination for international nurses around the world looking for employment.34 The number of foreign national nurses in the U.S. has grown substantially since the 1970s, when there were about 50,000 nurses, compared to 2022, which saw about 500,000 foreign nurses working in the United States.35, 36 Currently,
OCTOBER 2025 | 17 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. immigrants make up approximately 16% of registered nurses in the workforce.37 The first substantial influx of foreign nurses came to the U.S. in 1948 when lawmakers passed the Information and Education Exchange Act (also known as the Smith-Mundt Act), intending to “increase mutual understanding between the people of the United States and the peoples of other countries” through “an educational exchange service to cooperate with other nations in the interchange of persons, knowledge and skills; the rendering of technical and other services; and the interchange of developments in the field of education, arts, and sciences.”38 This program, which was supported by the American Nurses Association, allowed foreign nurses from Europe and later from the Philippines to come to the U.S. for work and study.39 The program was successful, and by the 1950s and 1960s, the U.S. saw continued growth in the hospital sector, which resulted in a demand for even more nurses.40 Beginning around 1980, due to factors such as a nationwide expansion of facilities, adjustments to Medicare payment structures, decreased enrollment numbers for nursing schools and a growing need for specialized nursing professionals, Congress began using federal immigration programs to control the influx of foreign nurses to the U.S. with efforts to bring in more nurses when national shortages were more severe and to limit or restrict entry when domestic supplies were sufficient.41 In 1989, attempting to address a national nursing shortage, Congress passed the Immigration Nursing Relief Act, which included guidelines for the first visa category just for nurses, the H-1A visa.42 Petitioning employers of the H-1A were required to provide documentation to confirm their efforts to protect U.S.-educated nurses, as well as their efforts to reduce their dependency on foreign nurses.43 In 1990, the H-1B visa was created for temporary workers in specialty occupations, which were defined as positions that require a bachelor’s degree or higher in a specific degree field.44 This visa provided an ideal option for many foreign workers and included an allotment of six years of work authorization – sufficient time for most workers, usually with sponsorship assistance from an employer, to secure a more permanent U.S. work status.45 This option has not been available for nurses, however, because nursing is not considered a specialty occupation. This is because most U.S. employers do not require a bachelor’s degree to fill nursing positions; instead, they routinely hire nurses with associate’s degrees. Therefore, U.S. Citizenship and Immigration Services (USCIS), formerly known as the Immigration and Naturalization Service (INS) until 2003, stated that, with few exceptions, it will not approve H-1B petitions for nurses.46 In 1997, Congress created a second temporary work visa specifically for nurses, the H-1C, under the Health Professional Shortage Area Nursing Relief Act.47 Although the effort was well-intentioned and aimed at addressing the needs of areas with greater degrees of provider shortages, the program was heavily restricted and resulted in a limited impact on shortage numbers.48 For example, H-1Cs were granted only to 500 nurses per year, as long as the employing hospital could demonstrate efforts to protect U.S.- educated nurses.49 Hospitals also had to demonstrate that they were located in designated and federally defined shortage areas, and no more than one-third of their nursing staff could be comprised of foreign nurses.50 Employers had to meet other requirements, such as a minimum of 190 beds and a base of at least 35% Medicare and 28% Medicaid patients.51 These restrictive provisions created a The U.S. has welcomed many foreign national nurses through various immigration programs over the years, and America is still the preferred destination for international nurses around the world looking for employment.34
THE OKLAHOMA BAR JOURNAL 18 | OCTOBER 2025 program wherein only 14 hospitals in nine states were eligible to apply for an H-1C, and by 2004, only about 12 nurses had received an H-1C visa.52 Apart from a few failed attempts at legislation, there have been no new efforts by U.S. lawmakers to provide pathways for foreign nurses to work in the United States since the early 2000s. The most common options that remain in place include: 1) a 12-month permit for work authorization known as optional practical training, which is granted at the end of a student’s academic program; 2) work authorization through an employment-based green card sponsored by the employer; 3) work authorization granted through an application for special status, such as asylum, temporary protected status, refugee status, etc.; or 4) work authorization granted as part of a family-based immigration petition (i.e., through a U.S. citizen spouse).53 The first two options are addressed below, including an explanation of their applications and eligibility processes. Optional Practical Training Foreign nationals who come to the U.S. to pursue full-time academic studies at an accredited college, university or other academic institution that is authorized to accept international students typically enter the country in F-1 status.54 F-1 students must be enrolled in a course of study that culminates in a degree, diploma or certificate.55 During the first academic year, F-1 students generally may not work off campus, but after one year, they become eligible to work in optional practical training (OPT) employment.56 OPT employment is arranged through the student’s academic institution and its international office/designated school officer (DSO), who, in turn, applies for work authorization from USCIS on the student’s behalf.57 OPT offers F-1 students 12 months of temporary employment directly related to their field of study.58 For F-1 students in certain science, technology, engineering and math (STEM) fields, a 24-month extension of their employment authorization is available, as long as they continue working in their field of study and with their employers and DSOs to create and maintain an employment training plan.59 The Department of Homeland Security (DHS) determines which fields of study are considered STEM fields and, therefore, eligible for extended work authorization.60 However, although the DHS list of STEM degrees includes many related disciplines – such as biology, nutritional science, anatomy and immunology – a nursing degree (such as a Bachelor of Science in nursing or BSN) is not considered a STEM field. Therefore, nursing students are ineligible for the 24-month STEM extension.61 Instead, they are limited to 12 months of OPT work authorization. When a student completes an academic program, applies for and receives an OPT work permit or employment authorization document (EAD) and gets a job offer from a hospital, there may only be nine or 10 months left of the worker’s 12-month OPT status. As will be demonstrated later, this is not enough time to secure any other kind of employment authorization for the worker, which means that this worker will either have to leave employment at the end of the 12-month period and return to full-time student status, change their immigration status to another temporary category that will allow them to stay in the U.S. but not work, or leave the U.S. and return to their home countries. Although this presents a hardship for many foreign nurses, it also creates an untenable situation for employers in the health care space who are forced to terminate some of their Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
OCTOBER 2025 | 19 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. most valuable employees for lack of valid work authorization, especially in areas experiencing health care provider shortages.62 Employment-Based Green Card An alternative to a temporary work permit is lawful permanent residency, known more commonly as green-card status. A green card allows the holder to live and work in the U.S. permanently by way of a 10-year permit that is renewable indefinitely. Employers can sponsor employees and apply for a green card under a handful of employment- based categories, including under the EB-1 (first preference category for employees with extraordinary ability in the sciences, arts, education, business or athletics; outstanding researchers and professors; or certain multinational managers and executives), the EB-2 (second preference category for employees with a master’s degree or higher or those with exceptional ability in the sciences, arts or business) and the EB-3 (third preference category for employees with a bachelor’s degree or lower and all other workers).63 Since most nurses have associate’s degrees or bachelor’s degrees, they are best suited to apply for the EB-3 green card category. In order to initiate the application process, the foreign nurse must first complete certain eligibility steps, including passing the NCLEX-RN exam (National Council Licensing Exam for Registered Nurses); demonstrating English proficiency, both written and oral;64 and obtaining certification (referred to as the VisaScreen Certificate) to show that the nursing degree received is comparable to a U.S. nursing degree.65 The VisaScreen Certificate requirement was established by Congress in 2003 to ensure that foreign nurses’ education, language abilities, experience and training were equivalent to that of U.S.-educated nurses. However, this certification is still required of foreign nurses even if they receive their nursing education in the United States.66, 67 There are only three sources for the nursing VisaScreen Certificate in the U.S.: the Commission on Graduates of Foreign Nursing Schools (CGFNS), Josef Silny & Associates and, the most recent addition, International Education Evaluations LLC.68 Securing a VisaScreen Certificate from any of these sources can take several weeks to complete and can incur a cost of hundreds of dollars.69 Once the nurse has demonstrated eligibility to work in the U.S., the employer can initiate the green card process. The first step employers must complete is to request a prevailing wage determination from the U.S. Department of Labor (DOL), which is a report detailing the average wage for a given occupation in a given geographical area. Under the Immigration and Nationality Act (INA), the wages offered to a foreign employee must meet or exceed the prevailing wage for the occupational classification sought. This helps ensure that hiring a foreign worker will not adversely impact the wages and working conditions of similarly situated U.S. workers,70 while also preventing potential abuse by U.S. employers that might seek to pay foreign workers less, thereby undercutting U.S. workers for cheaper foreign labor.71 As of Oct. 15, 2024, the DOL is taking approximately six to eight months to issue determinations for these types of wage requests.72 Once the prevailing wage determination has been issued, the employer must conduct a period of advertising and recruitment to test the market for any qualified and available U.S. workers for the proffered position. They then must file a lengthy labor certification application with the DOL.73 If the DOL certifies the application, the employer can then file an Immigration Petition for Alien Workers, also known as Form I-140. This petition verifies the terms of employment and demonstrates the employer’s ability to pay the proffered wage.74 Form I-140 does not grant any immigration benefit except for assigning a priority date for the employee’s green card process,75 securing the employee’s “place in line” for a green card, and determining the date that the rest of the green card petitions can be filed, including an application for an EAD.76 For nursing positions, employers do not have to conduct the advertising and recruitment stage of the process or submit an application for labor certification to the DOL because the government has recognized that some jobs (referred to as Schedule A occupations and including nurses and physical therapists) already have established shortages; therefore, the requirement to test the market does not apply.77 After receiving the prevailing wage determination, employers can skip some of the normal employment-based green card steps and may instead submit a Form I-140 petition for the nurse, getting a priority date that is much sooner. Then, when the priority date is current, the employer can file the rest of the green card petitions for the nurse, including the application for an EAD.
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