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Question of Week
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Question: |
My spouse is currently on J-2 and has work authorization. Once I get an H-1B visa, what will be her status and will she be able to continue working?
Answer:
When your employer applies for your H-1B visa, your spouse is eligible for and should apply for a H-4 visa independently. However, there is no work authorization for those who hold H-4 status. To continue working, your spouse would need to apply independently for an H-1B visa or other work visa, if she is eligible. To submit a question to Badmus attorneys, click here and read the disclaimer and privacy notices before submitting your question. |
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American College of Physicians Releases Policy Monograph on IMGs
The American College of Physicians recently posted an updated policy monograph on the role of international medical graduates (IMG) in the U.S. physician workforce. This interesting and informative paper can be found at the American College of Physicians website - http://www.acponline.org/advocacy/where_we_stand/policy/img_paper.pdf.
It is recommended reading for all IMG physicians, medical recruiters, and medical employers.
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Weekly Newsletter |
November 14, 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 EB-5 Immigrant Investor path to permanent residence for physicians. Read on for more information affecting IMG physicians and medical employers.
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Do's and Don'ts for Medical Employers |
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. |
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EB-5 Immigrant Investor Path |
Going for the Green Card through the EB-5 Immigrant Investor Path
The EB-5 category for the green card is reserved for investors who are engaged in new commercial enterprises. Each year, 7.1% of worldwide visas or approximately 10,000 visas are allocated to this category (3,000 of these are set aside for targeted employment areas). The purpose of this category is to attract capital for job-producing businesses within the United States.
To qualify, the foreign national must invest funds in a new business or in a troubled business. For this purpose, a "new business" may include a pre-existing business that will be purchased by the investor and reorganized to expand by at least 140%. A "troubled business" is one in which the net worth has decreased by 20% in the last year or in the last two years. In addition, to qualify the investor for a green card, a new business must create at least 10 full-time jobs. In the case of a troubled business, the business must continue to employ at least the same number of employees for the next two years.
The investment must be at least $1,000,000, unless the business is located in a "targeted employment area," one in which the unemployment rate is at least 150% of the national average. In that case, the investment threshold is only $500,000. In areas where unemployment rates are exceptionally low, the DHS may require an investment of up to $3,000,000. The investment may consist of cash, equipment, inventory, other tangible property, cash equivalents and secured loans (provided the investor is personally liable). This green card program is scheduled to sunset (terminate) on March 6, 2009; however, it is likely to be renewed, considering its potential to attract new capital which could alleviate our current economic crisis.
For obvious reasons, most foreign born physicians are unable to qualify for green cards as an investor. However, to the extent a foreign born physician can invest at least $500,000 and has the ability and inclination to operate her own practice, this is a viable option.
For questions or assistance with EB-5 immigrant investor or other green card process, contact us at 469-916-7900 ext. 201 or email dawnmace@badmuslaw.com
In next week's newsletter, we will discuss TN Visas for physicians. Look for your newsletter next Friday!
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