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Immigration Prescription for Physicians
In This Issue
H-1B Deadline
Cap Exemptions
Department of State
Black History Month-Pioneer In Medicine

Question of the Month

Q: When is the waiver job considered completed? Is it from the date the H1 visa was granted or from the date one actually started working?
 
A: Completion of your waiver is based upon the date you started working in H-1B status. For example, if your H-1B approval begins July 1, 2008 but you start working on July 15, 2008, you must work until July 14, 2011 to complete your three year medical service requirement.

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  February 2009 
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Greetings!
 
Welcome back to Badmus Law Firm's monthly newsletter for physicians!
 
In the immigration world there is only one constant  ..... change.  This newsletter is geared towards providing information focused solely on physicians and medical employers. We want you to stay informed and current on immigration issues affecting the medical profession. 
 
Each month we feature one question to answer in our newsletter. To be considered, questions should be short and general in nature. If your question is neither short nor general, we would be happy to schedule an individual consultation with one of our attorneys.
 
Sincerely,
 
Editor-In-Chief
Angela Lopez

H-1B Deadline Approaching

Department Of Sate (DOS) Waiver Office changes on Completing the Online J-1 waiver review number application - Form DS-3035.

For fiscal year 2009, April 1 will be the first date for filing H-1B visa applications subject to the annual numerical limitation ("Cap"). In 2008 the CIS accepted filings from April 1 to April 4. For this year, the CIS has not announced whether they will continue last year's filing policy. 
 
We are anticipating that this year will see a repeat of the mass filings from last year. Therefore, it is important that physicians look to alternatives to the Cap or Cap exempted options.
Who is exempt from the Cap:
 
�         Physicians who receive a J-1 waiver of the two-year foreign residency requirement and agree to work in a medical shortage area (HPSA/MUA).
 
�         Non-profit research organization or a governmental research organization.
 
�         Universities or colleges or non-profit organizations affiliated with universities or colleges. This is useful for physicians who use H-1B status to complete their residency or fellowship programs in H-1B status.  
 
�         Physicians who will be employed by a private, for-profit organization, but be placed (where the physician will actually be practicing) 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.
 
�         Physicians who already have H-1B status (provided they were counted towards the Cap) and applies for another H-1B with another employer.  

Physicians with MBBS degrees are M.D.s!

 
In the past year, some officers at the Texas Service Center (TSC) had been denying EB-2 / I-140 petitions based upon labor certification, finding that an MBBS degree is not equivalent to an M.D. in the U.S.   In an appeal decision by the Administrative Appeals Office (AAO), the AAO  reversed a TSC denial and found that an MBBS obtained after five years of study, such as those awarded in India, is equivalent to a M.D. in the U.S.  Although our law firm has never experienced a denial of an I-140 on this basis, we greatly appreciate this decision which should bar the TSC from questioning whether our physician clients are M.D.s!
 
Although our law firm has never experienced a denial of an I-140 on this basis, we greatly appreciate this decision which should bar the TSC from questioning whether our physician clients are M.D.s!
 
By Ann Massey Badmus

Department of State (DOS) Changes

Department Of Sate (DOS) Waiver Office changes on Completing the Online J-1 waiver review number application - Form DS-3035.

Effective February 1, 2009, the Department of State Waiver Review Division will only accept online filed DS-3035 forms. Members have noted difficulties in applying online when the waiver applicant had received the old forms IAP-66, rather than the more recent DS-2019.
 
The Waiver Review Division provided the following instructions in order to complete the online form with an IAP-66:
 
Put N and 10 "0"s in the box requesting a SEVIS number (N0000000000).
 
Put "00." in front of the old USIA four-digit field code, i.e. 00.2360, in order to advance to the next field.

These instructions are posted on the Department of State website.

Black History Month-Pioneer in Medicine

Dr. Charles Richard Drew (June 3, 1904 - April 1, 1950) was an African American physician and medical researcher. He researched in the field of blood transfusions, developing improved techniques for blood storage, and applied his expert knowledge in developing large-scale blood banks early in World War II. He protested against the practice of segregation in the donation of blood from donors of different races since it lacked scientific foundation. In 1943, Drew's distinction in his profession was recognized when he became the first African American surgeon to serve as an examiner on the American Board of Surgery. (Posted on Wikipedia.org)
Click here for more information about Dr. Charles Drew
 
Look for your next Monthly Newsletter in early March!
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.