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Immigration Prescription for Physicians
 
 
In This Issue
Question of the Week
Immigration News!!!
Cap-Subject H-1B Physicians and Employers
Question of  Week
Question:
 
My spouse is on an H4 visa as a dependent of my H-1B.  I recently traveled outside the U.S. and returned using my advance parole instead of my H-1B visa.  My spouse is fine with her H4 still, right?  
 
Answer:
 
Your spouse's H4 status depends upon you maintaining H-1B status.  Thus, if you are no longer in H-1B status, your spouse is no longer in H4 status.  When you returned to the U.S. using your advance parole, you moved yourself out of H-1B status and your spouse lost H4 status at the same time. 
 
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Immigration News!!!

USCIS and Department of State offices, such as embassies and consulates, will be closed in observance of Christmas Day on December 25, 2008, and for the New Year on January 1, 2009.

 

 

Free Teleseminar for Physicians!!!
 
 
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 
December 12, 2008
Greetings!

Greetings: 
 
Welcome back to Badmus Law Firm's newsletter focusing solely on issues affecting physicians.  In this issue, we will discuss strategies for obtaining an H-1B visa for cap-subject physicians. Read on for more information.
Strategies for
 
Cap-Subject H-1B Physicians and Employers
 
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Many physicians decide to bypass the J1 visa and instead enter the United States with an H-1B visa to complete residency or fellowship training.  With the H-1B visa, the physician is not subject to the two-year foreign stay requirement that would attach if the physician used a J1 visa.  However, the H-1B physician is subject to the H-1B cap (the annual numerical limitation for issuing H-1B visas) if the physician was not counted toward the cap when the original H-1B visa was issued.  Most physicians coming to join a residency program are initially exempt from the H-1B cap.  Thus, when the physician changes jobs, the physician may be subject to the cap again.

Since only an estimated 50% of all H-1B petitions are accepted for filing in any given year (due to the large volume of petitions filed), it is important that physicians look to alternatives to the cap.  One alternative is going to work for an employer that is (1) a non-profit (2) related or affiliated with an institution of higher education.  An example of such an employer is a charitable hospital that has a residency program through a university at their facility.

Another alternative would be to go to work at a university (an "institution of higher education.")  Many universities have hospitals as part of their institution and staff with their own physicians.  Others have clinics that need staffing.  Alternatively, the physician could go to work for a nonprofit research organization or a governmental research organization. 

A last alternative would be to be employed by a private, for-profit organization but be placed in a non-profit facility that is related to or affiliated with an institution of higher education.  An example of this would be taking a position as a hospitalist for a for-profit company but being placed in a charitable hospital (non-profit) that is training residents or fellows, or, say, nurse practitioners.  The government allows the for-profit employer to step into the shoes of the facility where the physician will actually be practicing.

Strategizing well in advance of taking a position is important for a physician so the physician can make wise decisions in choosing an employer.  Likewise, an employer knowing the prior and current immigration status of an employee may help in determining when a petition can be filed and when the physician will be able to begin working.

For questions or assistance with obtaining an H-1B visa or other immigration matters, contact us at 469-916-7900 ext. 201 or email dawnmace@badmuslaw.com 
 
In next week's newsletter, we will discuss the green-card lottery. Look for your newsletter next Friday!
 
Note: Immigration law changes frequently.  The resources and information provided in this newsletter are intended to help you understand basic issues involved in the immigration process, and are offered only for general informational and educational purposes.  This information is not offered as, nor does it constitute legal advice or legal opinions.  Although we strive to keep this information current, we neither promise nor guarantee that the information is the latest available, or that it applies to your specific situation.  You should not act or rely upon the information in these pages without seeking the advice of an attorney.  To consult with Badmus Law Firm regarding your case, click here.