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Immigration Prescription for Physicians
 
 
In This Issue
Question of the Week
Do's and Don'ts for Physicians
TN Visa's for Physicians
Question of  Week
 
Question:  
I currently have an H-1B visa allowing me to work for a cap-exempt employer.  I now want to change employers, but the employer is a for-profit company.  Can I still change employers? 


Answer:
If you have never been counted toward the cap, then you may be subject to the cap at this juncture.  However, we need to look at where you will be physically working to see if maybe you might be able to take advantage of the third-party petitioner exemption to the cap.  This exemption allows one to be employed by a for-profit employer if one is physically working at a facility that is exempt from the cap.
 
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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 briefings 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: Register Now 
 
 
Weekly Newsletter 
November 21, 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 TN non-immigrant visa for physicians.  Read on to learn how a physician can come to the United States on the TN status.

Do's and Don'ts for Physicians

 
Dos and Don'ts
 
DO keep copies of all your immigration papers even if you must turn them in to the government for some reason.  It is important to always be able to retrace your immigration path through your paperwork.
 
DON'T
forget to tell your immigration counsel if you have had any violations of the law.  A violation for driving under the influence, for example, may have an effect of you obtaining your visa stamp in your home country.  Always providing your attorneys with the most up-to-date information is in your best interest.

TN Visa's for Physicians
visa stamp
TN Non-Immigrant Visa Options for Physicians
 
The North American Free Trade Agreement (NAFTA) makes provisions for Canadian and Mexican citizens to obtain a TN nonimmigrant visa to work in the United States for a specific period of time.  This visa is available to physicians that are coming to work in teaching or research.   The physician is required to have a medical degree or state/provincial license.  The physician may not engage primarily in clinical or direct patient care but may provide patient care incidental to the teaching and/or research.  If the physician is in the United States, the visa may be requested by filing a petition to change status here in the United States through the Citizenship and Immigration Services (CIS).  Once the visa is approved and the validity period begins, the physician may begin working.  If the physician is outside the United States and a Canadian citizen, the physician can apply for the visa at a port of entry.  Mexican citizens outside the United States must request the visa from the U.S. consulate in Mexico.  The visa is now issued in two year periods with unlimited extensions.  There are many advantages to the TN visa category, including the fact that there is no numerical limitation on the number of TN visas issued per year, the six-year limit on stay for H-1B holders does not apply to the TN category, and no initial petition is required to be filed with the CIS.  The downside is that there is no "dual intent," meaning that a person in TN status cannot also be seeking permanent residence.
For questions or assistance with TN visas or other immigration issues, contact the highly qualified Badmus attorneys at 469-916-7900 ext. 201 or email [email protected]
 
In next week's newsletter, we will discuss H-1B cap exempt options for physicians.  Look for your newsletter next Friday!