Greetings!
Greetings:
Welcome back to Badmus Law Firm's newsletter focusing solely on issues affecting physicians. The topic of this week's Physicians' Newsletter is the Department of Veterans Affairs waiver program. Read on for more information affecting IMG physicians.
|
|
Do's and Don'ts for Physicians |
Dos and Don'ts
DO check whether the location of your potential employer's practice is underserved if you plan to apply for a J-1 waiver. Click this link for an initial determination
http://datawarehouse.hrsa.gov/GeoAdvisor/ShortageDesignationAdvisor.aspx and then check with your attorney for verification.
DON'T assume that a waiver will be approved if the location is underserved. Make sure your employer is willing and able to provide the necessary documentation about it practice, such as number of patients served annually and recruitment efforts undertaken for the position.
|
|
Hardship Waivers for J-1 Physicians |
Hardship Waivers for J-1 Physicians 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 method to avoid the two year foreign residency requirement is to obtain a VA waiver. The VA waiver is available to physicians coming to work in facilities run by the Veterans Administration (VA). Unlike some of the other IGA waivers, the VA waiver is not restricted to primary care physicians nor must the facility be located in a HPSA. However, the VA will only sponsor a foreign born physician for a J-1 waiver if her services are necessary for the continuation of a specific program and the VA's efforts to fill the position with a U.S. physician have failed. In that vain, the sponsoring VA facility must submit extensive documentation of national recruitment efforts for the 12 months prior to submission of the waiver application. In addition, the foreign born physician must sign a minimum one-year employment contract. Please note that although the VA waiver only requires a one-year contract, the physician must practice with the VA for at least three years to comply with the USCIS waiver requirement. Typically, the VA processes its waivers internally through the specific hospital and the administration in Washington, D.C. and then forwards its request for the waiver to the Department of State. However, the VA allows the physician to choose his or her own attorney to assist with the H-1B process once the waiver is approved. For questions or assistance with a VA waiver and/or H-1B, contact us at 469-916-7900 ext. 201 or email dawnmace@badmuslaw.com In next week's newsletter, we will discuss the Delta Regional Authority waiver program. Look for your newsletter next Friday!
|
