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Question of the Month |
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My H-1B status expires on June 30, 2009. When should my employer apply for an extension?
Answer:
Employers may apply for extension of an H-1B visa no earlier than six months in advance of expiration and no later than the day of expiration. Once the extension request is filed, the physician's H-1B status is automatically extended for a period of 240 days (approximately eight months). The physician can continue working during this automatic extension. In most cases, the H-1b extension request should be approved within three to four months. However, if the extension approval is not obtained by the seventh month after the expiration date of the visa, then the employer should request premium processing - 15 day expedited service- to ensure continued work authorization. In this example, if the H-1B expires June 30 and the extension request is not approved by January 25, 2010, the employer should request premium processing immediately. To submit a question to Badmus attorneys, click here and read the disclaimer and privacy notices before submitting your question.
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| News!!!
Employer Alert: Nursing Shortage Crisis and Immigration
According to a report released on December 5 by the USCIS Ombudsman's Office predicts that the U.S. healthcare industry will need 1.2 million new registered nurses in the next five years. Because the hire of foreign-born nurses is one way to meet this demand, the report, "Improving the Processing of Schedule A Nurse Visas," recommends several changes in processing of nurse visa applications. According to the Ombudsman, the USCIS should:
§ Separate and prioritize Schedule A green card nurse applications so that they can be expedited, without the requirement of a written request, upon immigrant visa availability;
§ Centralize Schedule A nurse applications at one designated USCIS service center to facilitate more efficient and consistent processing of Schedule A applications; and
§ Communicate regularly with the Department of Labor (DOL) and develop points of contacts at DOL to discuss concerns and direct inquiries regarding the processing of nurse immigration applications.
For a copy of the full report, click here. Employer should note that it currently takes almost four years to immigrate a foreign-born, U.S. licensed RN to the U.S. A current bill in Congress could help reduce this time. Hospitals and other medical employers should contact their congressional representatives and senator to urge the enactment of the "Emergency Nursing Supply Relief Act" which was approved by the House Immigration Subcommittee last year. |
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Join Our List
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Websites of the Month |
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www.physicianimmigration.com - visit our website exclusively for physicians and medical employers!
www.travel.state.gov - find specific information about visa processing at the U.S. embassy in your home country
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Monthly Newsletter |
January 9, 2009 |
Greetings!
Greetings:
Happy New Year! Welcome back to Badmus Law Firm's newsletter focusing solely on issues affecting physicians and medical employers. Based upon reader feedback, we will deliver immigration news and information to you on a monthly basis. For more frequent updates, click here to subscribe to our blog or visit our website, www.physicianimmigration.com. Read on for more information affecting IMG physicians and medical employers. |
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When Do I Apply for a Green Card
(Permanent Residence)? |
A common question for foreign-born physicians after completing their training in the U.S. is "when do I apply for a green card?" Usually, the answer to that question is "now." If eligible for the green card through any of the categories we have discussed in our previous newsletters, a physician is not restricted to any particular time to apply for the green card. But there are many good reasons to start as soon as eligible. One reason is that immigration rules change constantly so delay in applying when you are eligible could cause you to lose the right to apply later because the laws have changed. Another reason is the variation in government processing times. For example, the PERM labor certification processing time was once 3 or 4 months. Today, it appears 6 to 8 months are the norm.
And one very important reason to file as soon as possible is the limited number of green cards issued each year, especially those based upon employment. Each year, the USCIS issues up to 140,000 employment-based green cards. These visas are issued based upon a system that establishes priorities for workers depending upon their skill level. To establish the order of priority among workers in the same class, the USCIS uses a "priority date." For workers subject to the labor certification requirement, the priority date is the date the labor certification was filed. For all other workers, it is the filing date of the Form I-140. Persons with earlier priority dates have preference over those with later dates.
Each month, the U.S. State Department prints a Visa Bulletin. This bulletin lists the eligible priority dates for each class of employment-based visa. To link to the current visa bulletin, click here. The backlogs with respect to immigrants from certain countries occur because of the per-country annual limits on green cards. The annual limit for any one country is 7% of the total number of green cards issued in any one year (approximately 50,000). The total number of immigrants seeking green cards from countries such as India, Mexico and the Philippines is usually several times that number. Note that a worker's place of birth determines their country of chargeability (which per-country limits apply).
Whether you can start and complete the final step of the green card process (I-485 application) depends upon whether your priority date is "current." In other words, you must have a priority date that is earlier than the priority date listed on the visa bulletin for your employment category and country of birth. For example, the EB-2 category is the typical category for a physician. According to the current visa bulletin, a physician born in India must have a priority date earlier than July 1, 2003 to either file an I-485 adjustment of status application or be approved for permanent residence if his I-485 adjustment of status application is pending. The visa bulletin is issued monthly and the availability of visas can move forward or backwards so a backlog can exist next month where there is none this month. Because of the unpredictability of this process, physicians should file their applications as soon as possible.
Our next newsletter we will come out the first week of February. Look for your newsletter next month! |
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Thank you!
Thank you for recommending your friends and colleagues to us! To help your friends or colleagues learn the true facts about immigration, forward this newsletter! | |
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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.
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