Naveen Bhora and Jessica Marks are presenting a free webinar on Visa Options for Physicians on Thursday, August 15th, 2013 at 12:30 (PT)/3:30 (ET).
Please follow the link to register.
Comprehensive Immigration Reform: Physicians come out on top
This week the U.S. Senate, led by the so-called “gang of eight,” released the “Border Security, Economic Opportunity and Immigration Modernization Act”that has won the cautious approval of the White House and of advocates seeking an overhaul of the broken immigration system and, principally, a roadmap to citizenship for the nearly 11 million undocumented immigrants living in the U.S.The bill also incorporates many provisions advocated by the International Medical Graduate Taskforce to protect physicians who practice in medically underserved communities and physicians engaging in graduate medical education.The provisions include:
- Greater contractual protections for physicians participating in the J-1 waiver program, such as a limit to number of on-call hours per week and malpractice insurance coverage.
- J-1 waivered physicians practicing in an underserved area whose employment terminates have a 120-day grace period to file a petition to commence employment at a new health care facility located in a medically underserved area.
- The number of Conrad Waiver slots allocated per state increases from 30 to 35 and can be further increased by 5 waivers slots per year based on usage.
- Physicians coming to the U.S. for graduate medical education or to take USMLEs can express dual intent (i.e. the intent to immigrate to the U.S.) and no longer need to profess to ties to home country.
- Physicians completing graduate medical education will automatically receive extension of status and employment authorization until October 1st when a request for continuation of nonimmigrant status has been submitted (such as an H-1B petition).
- J-2 spouses and children will no longer be subject to the two-year home residence requirement.
It is too early to celebrate. This bill still has a long road to travel before becoming law — it needs to clear the Senate Judiciary Committee, pass a full vote (60) in the Senate and be reconciled with a corresponding bill from the House of Representatives, which has yet to be introduced. Accordingly, we encourage all physicians to contact senators and house representatives to support these provisions.
J-1 Waiver Programs
The Other Immigration “Season:” Many State J-1 Waiver Programs Will Begin Accepting Applications on October 1
By: Sarah J. Baker, Esq.
Each year, much is made of the H-1B “season” when U.S. Citizenship and Immigration Services (USCIS) begins accepting H-1B visa petitions on April 1 for an October 1 employment start date. However, there is another much less publicized, yet important, immigration season that also deserves special mention: the Conrad 30 J-1 waiver program season.
Following the federal fiscal year, on October 1 each year numerous state departments of health begin accepting applications filed on behalf of foreign medical graduates (FMGs) to waive the two-year foreign residence requirement of their J-1 visa status. All FMGs who come to the United States in J-1 status to pursue graduate medical education are subject to this obligation, which requires them to return to their home country for a minimum of two years before applying for certain non-immigrant visas or seeking permanent residence in the United States.
Pursuant to the J-1 waiver program, each fiscal year state health departments and agencies can recommend up to 30 J-1 waivers for foreign physicians who are going to practice medicine in designated Health Professional Shortage Areas (HPSAs), mental health HPSAs, Medically Underserved Areas (MUAs), or serve Medical Underserved Populations (MUPs) 40 hours per week for a minimum of three years.
Below are some initial practical hints for FMGs to consider when evaluating their Conrad 30 J-1 waiver program options:
Before preparing and filing a waiver application with a state health department or agency, applicants must obtain a case number from the U.S. Department of State. The case number application fee is $215.00.
- Not all states begin accepting J-1 waiver applications on October 1. Some states, such as Texas, which began accepting applications on September 5 this year, operate on a different application cycle.
- Some states, such as South Carolina, require site approval, pre-authorization, or a slot pre-assignment before a waiver application can be filed on behalf of an FMG.
- Many states express a preference for the employment of primary care physicians under their Conrad 30 J-1 programs, and will not allow waiver applications for specialist physicians. For example, California will only consider J-1 waiver applications filed for primary care physicians, which are defined as “internist, family practice, pediatrician, psychiatrist, and OB/GYN.”
- Each state can recommend up to 30 waiver applications per application cycle. Some states, such as New Hampshire, will allow applications for physicians whose practice site is not located in a HPSA, mental health HPSA, MUA, or MUP but instead serves patients coming from designated HPSAs, mental health HPSAs, MUAs, or MUP regions. These are commonly known as “flex slots,” and states can grant up to 10 (out of 30) flex slots per application season.
- If the state to which you are applying does not accept flex slot applications, check and double-check (or have your attorney verify for you) that the practice site at which you will be working is located in a HPSA, mental health HPSA, MUA, or MUP.
- While many states do not, some states, such as Ohio and Texas, charge an application fee to process J-1 waiver applications. Ohio’s application fee is a whopping $3,571.00 and Texas’ is $2,500.00, for example.
- Not all states consider J-1 waiver applications on a “first-in-first out” basis. Some states prioritize applications based on the state’s need for particular types of physicians, or based on the merits of each application submitted.
- Obtaining a J-1 waiver is just the first step in fulfilling the terms of the waiver application. Employers of FMGs who are granted J-1 waivers will need to obtain an H-1B visa on behalf of the FMG so the physician can fulfill the three-year waiver service period in H-1B status.
- H-1B petitions based on Conrad 30 J-1 waivers are exempt from the annual H-1B “cap.”
For additional information and more practical tips on state Conrad 30 J-1 waiver programs, please view: “Practical Guide to Conrad Waivers: Thirty, … Two, One, Gone!”
Please also do not hesitate to contact a Wolfsdorf Immigration Law Group attorney for assistance evaluating your J-1 waiver options.
© 2012 Wolfsdorf Immigration Law Group. All rights reserved.
Visa Denial for USMLE exams and Residency Interviews
We have been informed of an alarming J-1 visa denial trend in India (especially at the US Consulate in Mumbai) for applicants who were previously in the US in B status for USMLE exams and residency interviews. ECFMG has been working on these cases and trying to get them reversed. It is possible that we will start to see similar denials at the US consulates in Pakistan. If you receive such a denial, please inform Irene Anthony at ECFMG – ianthony@ecfmg.org. Please be sure to include:
- Copy of DS-160
- Passport ID pages
- Copy of cancelled B-1/B-2 visa
- Copy of DS-2019
- Date and place of denial of J-1 visa
Please also note that APPNA’s Advocacy & Legislative Affairs Committee and the Committee for Young Physicians (CYP) has been able to facilitate the J-1 & H-1 visa issues for several young physicians applying from Pakistan. Please feel free to contact the CYP committee at info@cyponline.net