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

Question:

If I am a J-1 physician applying for a J-1 waiver, may I also apply for the green card through the National Interest Waiver at the same time?
 
Answer:

In most cases, a J-1 physician can apply for permanent residence (green card) through the National Interest Waiver (NIW) once he or she obtains the J-1 waiver.  If interested in applying for the NIW as early as possible, the physician should negotiate a five-year contract with the potential employer and ask his or her attorney to request a letter of public interest as well as the J-1 waiver recommendation letter from the state health agency in which he will be employed.
 
 
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News!!! 
 
Conrad 30 Program Extended through March 6, 2009
 

On October 14, 2008, the President signed a bill to extend the Conrad 30 program. This means that IMG physicians who enter the U.S. with J-1 visa before March 6, 2009 will be eligible to apply for a waiver of the two-year foreign residency requirement through the state Conrad 30 waiver programs. In addition to the extension, the bill increases the number of waivers from 5 to 10 which are available to physicians who will work in non-underserved areas but provide services to adjacent underserved populations, commonly called the "Flex 5."
 
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Website of the Week!
www.physicianimmigration.com - visit our website exclusively for physicians and medical employers!
 
 
Weekly Newsletter 
October 24, 2008
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 National Interest Waiver path to permanent residence for physicians.  Read on for more information affecting IMG physicians and medical employers.

Do's and Don'ts for Physicians

 
Dos and Don'ts
 
DO confirm that your offered salary meets the minimum prevailing wage requirements for your local area before hiring a physician who will require an H-1B visa.  Also, keep in mind that the H-1B requires that you pay the higher of the prevailing wage or the actual wage paid to similarly qualified physicians in your facility.
 
DON'T forget to keep LCA and public inspection folders for each H-1B employee that you sponsor for employment.  Keep in mind that using the same attorney to process H-1B petitions will maintain consistency in maintaining these required compliance documents.
 
visa stamp

Going for the Green Card through the National Interest Waiver

When a foreign national obtains permanent resident status, it is often referred to as earning a "green card."  This term arose from the fact that the evidence of permanent residence was originally a green-colored card.  Interestingly, the green card - Form I-551 - is no longer green in color but the term "green card" is still widely in use. Fortunately, Congress has passed special rules regarding National Interest Waivers for physicians who work in VA hospitals or in medically underserved areas.  These physicians may obtain permanent residence; provided that they perform full-time medical service in a qualifying facility for a total of five years. After the physician has completed all five years of medical service, the DHS will approve the permanent residence application and issue the green card.  To the extent the physician has served in an underserved area as part of his J-1 waiver requirements or with work authorization, this time will count towards the five-year requirement.  All physicians, regardless of specialty, may qualify for the National Interest Waiver. In addition, the National Interest Waiver is a self-sponsored application which does not require an employer's sponsorship in contrast to the labor certification process.

To support a national interest waiver application, the physician must provide:

  • A five-year contract of employment or affirm that he will engage in self-employment for the required period of service;
  • Evidence that the location of employment is a designated Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA), or in a Veterans Affairs facility;
  • A public interest letter (no older than six months) from the department of health of the state where the employment is located or the VA is employment is with the VA;
  • Proof of licensing and passage of USMLE examinations; and
  • Proof of waiver of the two-year foreign residency requirement for J-1 physicians, if applicable.

If the physician changes employers or moves job location to another underserved area before completing the required five years of service, he must file a new I-140 petition to obtain approval of the new employment.  The USCIS will require evidence of medical service which includes copies of tax returns with W-2 or 1099 forms for the five years of service, medical license and an original letter from the employer(s) confirming dates of employment. 
 
For questions or assistance with National Interest Waiver or other green card process, contact us at 469-916-7900 ext. 201 or email
[email protected]

 
In next week's newsletter, we will discuss the labor certification (PERM) process for green cards.  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, December 18, 2008 starting at 7:00 p.m. CST. Click the register now link below to reserve your space:
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