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Immigration Prescription for Physicians
 
 
In This Issue
Question of the Week
Immigration News!
Do's and Don't for Physicians
J1 Waiver Compliance
Question of  Week
 

Question:

In compliance with my J-1 waiver obligation, I started to work on September 1, 2006 on H-1B visa. My H-1B visa will expire on June 30, 2009. Do I need to "renew" my H-1B?
 
Answer:

Most J-1 Visa Waivers typically require a three year service obligation. Therefore, if your J-1 Visa Waiver requires a three year service obligation, you must file for an extension of your H-1B visa to fully comply with your J-1 Visa Waiver three year service obligation. For more information, see our article "J-1 Waiver Compliance" article. 
 
 
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News!!! 
 
USCIS has announced that beginning on October 1, 2008, individuals applying for naturalization will be administered their newly revised test.  For those individuals who filed for naturalization prior to October 1, 2008, taking the old version may be a possibility.   To view the announcement and to determine which test applies to you, please click here.


 
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Weekly Newsletter 
October 17, 2008
Greetings!

Greetings:
 
Welcome to this week's installment of issues affecting foreign-born physicians.  The topic this week is J1 waiver compliance.  Read on for more information.

Do's and Don'ts for Physicians

 
Dos and Don'ts
 
DO file for H-1B extension before the H-1B visa expires and keep in mind that the filing of an H-1B visa extension for the principal applicant does not automatically extend the status of the applicant's spouse and minor children.
 
DON'T let your dependents' status lapse. This may affect their immigration ("green card") process. 
J1 Waiver Compliance
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J-1 Waiver Compliance
 
In general, most J-1 physicians will comply with the J-1 waiver obligation by working on H-1B status in a Federally Designated Underserved Area, providing at least 40 hours per week of primary or subspecialty Medical Services for full Three (3) years.   
 
1.  Federally Designated Underserved Area:   Most J-1 Visa Waivers typically require that the practice site (where the J-1 physician will work) is located in a federally designated shortage area, meaning a Mental Health or Primary Care Health Professional Shortage Area (HPSA) or a federally designated Medically Underserved Area (MUA) or Medically Underserved Population (MUP). In addition, through the State 30 Program, each state department of health has up to five J-1 waivers per year for physicians not working in medically underserved areas but who serve patients who reside in medically underserved areas.
 
2.  Medical Services:  Most J-1 Visa Waivers typically require the J-1 waiver position to be for physicians who have completed residency training in a primary care field, which is generally defined as internal medicine, family practice, general practice, pediatrics, general psychiatry or obstetrics and gynecology. Nevertheless, the VA, DRA and certain State 30 programs may recommend waivers for physicians to practice a subspecialty.
 
3.  Three (3) year Obligation:   Most J-1 Visa Waivers typically require a three year (36 months), full time (at least 40 hours per week) service obligation. The 3 years obligation starts running on the m the first day of employment and not from the date the H1B visa is approved.  
 
In next week's newsletter, we will start discussing permanent residence ("green card") options. Our first topic will be National Interest Waivers (NIW).  Look for your newsletter next Friday!
 

Free Teleseminar for Physicians

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Are you a J-1 physician, employer, or recruiter with questions about the immigration process for physicians, including permanent residence? Register for our popular physician Q&A teleseminar and get the latest and most accurate information about J-1 waivers, H-1B, and green cards. Join us for a free Q&A teleseminar on Thursday, October 23, 2008 starting at 7:00 p.m. CST. Click the register now link below to reserve your space:
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