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Question of the Month |
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Q: Do I have any options to stay and work in the U.S., If do not apply for a J waiver right away?
A: The two-year home residency requirement would not prevent you from obtaining an F-1 student visa, which will allow you to attend a university in the U.S. and work under the "optional practical training" once you graduate; or other type of working visa such as O-1 (if you qualify as a person of extraordinary ability), E-1, E-2, O-2, P, etc. The two-year home residency requirement only applies to H and L visas and to permanent residence.
To submit a question to Badmus attorneys, click here and read the disclaimer and privacy notices before submitting your question. |
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Dallas Business Journal
March 26, 2009
Minority Business Leader of the Year Award -
Ann Massey Badmus
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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.
Sincerly,
Angela M. Lopez
Editor in Chief
Badmus Law Firm
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H-1B News!!! |
Effective upon the enactment of HR 1, the American Recovery and Reinvestment Act of 2009, pursuant to section 1611(b), Div. A, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) for new employment unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. Employers who are recipients of such funding may not file Labor Condition Applications (LCAs) for new employment unless they complete the actions and make the attestations required of dependent employers.
Information regarding the additional attestations required of H-1B-dependent employers - non-displacement and recruitment of U.S. workers - can be found at 20 CFR sections 655.738 and 655.739. For information regarding those employers who are recipients of such funding, click here. |
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Form DS-3035 - J-1 Waiver Review Number |
To process a J-1 waiver application, the J-1 physician must file with the Department of State (DOS) Waiver Review Division a DS-3035 Form. Once the form is filed, the DOS issues a waiver review number to the J-1 physician for use in his waiver application. Effective February 1, 2009, the DOS Waiver Review Division will only accept online filed DS-3035 forms.
Some applicants have noted difficulties in submitting the DS 3035 Form online when they had received the old forms IAP-66, rather than the more recent DS-2019. Therefore, 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.
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Speaking Engagements |
It is very common that pharmaceutical and/or other healthcare related companies ask physicians to participate on advisory boards or speak at their events for "honorarium" compensation.
H1B visa holders' wages or remuneration are to be paid by the sponsoring employer. Nevertheless, H1B visa holders may receive transportation and reasonable incidental living expenses only in order to give speeches, lectures, etc., elsewhere, provide that such activities are incidental to the employment as an H-1B visa holder and, provided, that he or she is not paid a stipend, honorarium or salary and does not derive any monetary or other material gain from these activities."
Therefore, accepting honorarium compensation for participating on advisory boards or speaking engagements ("elsewhere") would be against H-1B regulations. |
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Join the Army and Become a U. S. Citizen |
Health care professionals who possess certain language skills and/or who are healthcare professionals - (doctors and nurses) can join the army for 3 years or the reserve for 6 years and become U.S. Citizens.
On February 23, 2009 the Army launched a recruiting pilot program ("MAVNI") offering a path to citizenship that bypasses the green card process for the legal non-citizens who qualify. Those who qualify and are willing to enlist can apply for U.S. citizenship under INA 329, which does not require a person to have Legal Permanent Residence status before naturalizing.
This program will continue until December 31, 2009 or whenever they have reached the maximum number of individuals, which is 1,000. Those who are on the following types of visas may qualify: refugees, asylees, TPS, E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, and V.
Thus, a J-1 doctor who qualifies can skip the two-year home residency waiver process, green card process, etc. and go from J-1 to USC in about six months.
Positions to be filled:
Physicians - The regular Army is looking for physicians in the following fields: Pediatrics, Psychiatry, Internal Medicine, and Family Practice. The Army Reserve seeks physicians practicing in the following fields: Preventive Medicine, Internal Medicine, Obstetrician/Gynecologist, Family Practice, Urologist, General Surgeon, Anesthesiologist, Thoracic Surgeon, Ophthalmologist, Orthopedic Surgeon, Otolaryngologist, Neurosurgeon, Psychiatry, Emergency Medicine, Infectious Disease Officer and Plastic Surgeon. Interestingly, even if a physician did his residency/fellowship in J status, and is subject to the two-year home residency requirement, he is eligible to enlist and apply for naturalization.
Dentists - The Army is inviting General Dentists and Oral Surgeons to enlist while the Army Reserve is seeking the services of General Dentists, Prosthodontists, Comprehensive Dentists and Oral Surgeons.
Nurses - The Army is recruiting Nurses in all specialties while the Army Reserve is looking for the following types of Nurses: Medical Surgical Nurse, Critical Care Nurse, Nurse Anesthetist, Operating Room Nurse and Generalist Nurse. Unlike physicians and dentists, only RNs with B.S.N. or M.S.N. degrees from U.S. universities may enlist.
Other Medical Professionals - Persons in the following occupations may be eligible to enlist in the Army Reserves: Physician Assistant, Nuclear Medicine, Optometry, Entomology, Microbiology, Clinical Psychologist, Clinical Laboratory and Veterinarian.
Persons who are proficient in any of the following languages, and possess cultural capabilities in that language, may be eligible to enlist: Albanian, Amharic, Arabic, Azerbaijani, Bengali, Burmese, Cambodian-Khmer, Chinese, Czech, Hausa, Hindi, Hungarian, Igbo, Indonesian, Korean, Kurdish, Lao, Malay, Malayalam, Moro, Nepalese, Persian [Dari & Farsi], Polish, Punjabi, Pushtu (aka Pashto), Russian, Sindhi, Sinhalese, Somali, Swahili, Tamil, Turkish, Turkmen, Urdu and Yoruba.
For more information about this program, click here . |
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Healthcare Pending Legislation |
| Physicians - In early March, we expect that a bill will be introduced in the Senate to extend the Conrad 30 program for physicians who work in medically-underserved areas. We are expecting to see the following provisions in the new bill: Physicians who did their medical residencies/fellowships in H-1B status will be considered to be "H-1B cap-exempt" if they work in a medically-underserved area, and will be able to obtain permanent residence without waiting for years even if they were born in India or China.
Nurses - On February 26, Senator Dick Durbin (D-IL) introduced legislation (S. 497) backed by the American Organization of Nurse Executives and other nursing groups that would provide grants to nursing schools for faculty and other resources to increase enrollment. According to the American Association of Colleges of Nursing, nursing schools last year turned away nearly 50,000 qualified applicants due to a shortage of faculty (62.5%), insufficient clinical teaching sites (53.8%), limited classroom space (42.3%), insufficient preceptors (25.4%) and budget cuts (14.8%). Kudos to Senator Durbin! While we believe that training American RNs is an essential part of easing the nursing shortage, we also know that the four-year wait for U.S. hospitals to sponsor foreign-born RNs is making our nursing shortage even worse to the detriment of American patients. | |
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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