Badmus Law Firm
Immigration Prescription for Physicians
 
 
In This Issue
Question of the Week
This Week's Do's and Don'ts
Conrad 30 Waiver Program
Question of  Week
 
Is it legal for a doctor working pursuant to a J1 waiver to be employed in the capacity of an independent contractor? Does the visa allow one to be registered as a small business? 
 
Answer: Your employer is the H-1B employer of record and therefore must pay you as an employee, not an independent contractor.  If the employer wants to change this arrangement, then you must set up your own company and have your company file an H-1B petition. If the USCIS approves this petition (which it may not), then you will become an employee of your own company and this company can contract with your previous employer.  In other words, the arrangement would be company to company and you will be an employee of your own company.
 
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News  

 
Immigrant visas remain unavailable to physicians in the EB2 category from China and India unless the physician's priority date is before 8-1-06.  For a look at the September 2008 visa bulletin, click here.  The visa bulletin is issued by the Dept. of State monthly.  It is normally issued about the 15th of every month and becomes valid on the first of the following month.

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Weekly Newsletter 
 August 29, 2008
Greetings!

Greetings!
 
Welcome back to Badmus Law Firm's newsletter focusing solely on issues affecting physicians.  The focus of this week's Physicians' Newsletter is the Conrad 30 Waiver Program.  With fiscal year 2009 beginning October 1, 2008, now is the time to start looking at specific waiver positions.  Read on for the most current information.

This Week's DO's and DON'Ts for Physicians

One Medical Doctor
DO:
 
When looking for a waiver position, do make sure the place you will be working is in a health professional shortage area or medically underserved area.  Do have an attorney look over any contract before you sign it so you completely understand your rights and obligations under the contract. 
 
DON'T:
 
Don't enter into a contract with a third person or company, such as a hospital, and then have a different company sponsor you for the waiver and H-1B visa.  Don't accept remuneration from any party that is not the sponsor of your waiver.  Don't put yourself into a position where you will receive a 1099 tax form at the end of the year from anyone.

 

Conrad 30 Waiver Program

Senior Doctor 
Conrad 30 Waiver Program
 
A physician that enters the United States on a J1 visa to pursue medical training is required to return and spend two years in the physician's home country prior to returning to the United States in H-1B or L status or obtaining permanent residence.  This is referred to as the two-year foreign stay requirement.  A physician can have this requirement waived.  One of the possible waivers is the Conrad 30 program.  A physician obtaining a Conrad 30 waiver must agree to work in a health professional shortage area or medically underserved area at least 40 hours per week for a full three years.  The first step in the process is to enter into a written three-year contract with an employer.  The employer and employee then apply for the waiver with the department of health in the state where the employee will be working.  The department of health will ensure the employer attempted to recruitment a U.S. worker for the position, that the work location is in an underserved area, and that the physician is qualified to perform the duties required.  If all the requirements are met, they will recommend the waiver to the U.S. Department of State (DOS.)  The DOS will then review the application a second time to ensure compliance with federal regulations and to ensure that the physician is not a security risk.  They will in turn recommend the waiver to the Citizenship and Immigration Services (CIS).  The CIS then issues the formal waiver approval notice.   The waiver is required in order for the physician to obtain an H-1B visa which authorizes the physician to work for the specific employer for the required three-year period.
 
As the Conrad 30 name implies, each state may only issue 30 waiver recommendations during any given federal fiscal year, which runs October 1 until September 30.  Therefore, it is imperative that physicians wishing to begin work during the fiscal year find employment early so an application can be filed at the first filing date available.  Each state has slightly different dates they accept applications.  Thus, it is imperative that you meet with immigration counsel to discuss your options and get the applications filed as early as possible.
 
In next week's newsletter, we will discuss the hardship waiver.  Look for your newsletter next Friday!