|
Question of the Month |
|
Q: MD working on her 3-year J-1 waiver commitment who wants to file a National Interest Waiver (NIW) application asked: "Is it possible to count the 3 years of J-1 waiver duty towards the 5-year NIW requirement or must the J-1 waiver and NIW years be fulfilled separately?"
A: The J1-1 waiver 3-year commitment should count towards the 5-year NIW commitment. Therefore, to satisfy the 5-year NIW commitment, a J-1 waiver physician must continue to provide medical services in a designated underserved area for an additional 2 years after completion of the J-1 waiver 3-year commitment.
To submit a question to the Badmus' attorneys, click here and read the disclaimer and privacy notices before submitting your question.
|
|
|
| Upcoming Events
Badmus Law Firm is sponsoring |
|
UNT International Education
Awards Banquet
|
| Subscribe Here! |
 | |
|
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
|
|
New Requirements for Hiring H-1B Foreign Workers |
The U.S. Citizenship and Immigration Services (USCIS) announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national (any occupation) to work in the H-1B specialty occupation category).
The "Employ American Workers Act" (EAWA) was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an "H-1B dependent employer." All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
For more information click here. |
|
Hardship Waiver Procedure |
Hardship waiver applications (for information on hardship waivers, please see our 9/5/2008 newsletter) are filed directly with the USCIS. However, the USCIS has no power to approve a hardship waiver on its own.
Hardship waiver applications are initially reviewed by the USCIS. If the USCIS finds exceptional hardship, it completes the top part of the Form I-613 recommending approval of the hardship application to the Department of State (DOS). The Form I-613 along with the hardship application is then sent to the DOS for advisory opinion.
If the DOS agrees with the USCIS findings, it approves the hardship waiver by endorsing the bottom of the Form I-613. The DOS sends a copy of this Form to the applicant or his lawyer and returns the hardship application along with the Form I-613 back to USCIS to issue the final waiver approval on Form I-797 (commonly referred to as "I-612" approval notice).
Once the DOS makes a favorable recommendation, it updates its website to indicate that as the status of the application that they have issued a Favorable Recommendation. This does not mean that the USCIS approved the hardship waiver. In order for the USCIS to issue its final approval, it must receive the favorable recommendation back from the DOS. At this point it is almost certain that the hardship waiver will be granted. |
| Applying for Health Professional Shortage Area (HPSA) Designation |
There is not a standard application form to apply for Health Professional Shortage Area (HPSA) designation. However, the U.S Department of Health and Human Resources recommends the following:
- Request the State Primary Care Office (PCO) assistance in helping prepare and review your designation request.
- The Designation Request should be in the form of a letter addressed to:
Andy Jordan, MSPH, Director
Office of Shortage Designation
Health Resources and Services Administration
Parklawn Building, Room 8C-26
5600 Fishers Lane
Rockville, MD 20857
- Make sure your letter contains reasons for the designation request and data for the service area, as required by the HPSA Designation Criteria & Guidelines, including:
Total population
Number of providers and total FTEs
Percent of the population at 100% and 200% of the Federal Poverty Level
Infant mortality rate
Low birth weight rate
Miles and minutes to the nearest source of non-designated care
Map of the area to the contiguous areas
Statement explaining the inability of the contiguous areas to provide care.
- Send one copy of the letter to the HRSA Shortage Designation Branch and one copy to the State Primary Care Office shortage designation contact.
For more information click here.
|
|
Current Legislation |
On 3/20/09, President Obama signed the H.R. 1127 act (PL 111-9), which extends the Conrad 30 program through 9/30/09. On 3/18/2009, Conrad State 30 Improvement Act - was introduced in Senate (S.628) - To provide incentives to physicians to practice in rural and medically underserved communities. In an effort to bring more health care professionals to America's rural communities, Senator Kent Conrad introduced bipartisan legislation [co-sponsored by Senators Sam Brownback (R-Kan), Susan Collins (R-Maine), Tim Johnson (D-SD) and Patty Murray (D-Wash)] to expand the Conrad State 30 program, a national initiative designed to bring doctors to areas plagued by a shortage of physicians. Although the program has an important component that allows for certain specialists and other doctors to serve in more urban areas of North Dakota, the legislation introduced will make it easier for the truly rural areas in the state to recruit primary care and family doctors. The physician shortage in America is a growing crisis. By 2020, some projections show the nation may fall short by as many as 200,000 doctors. This shortage will be felt hardest in rural areas in North Dakota - and across the nation. Click here for the full press release. | |
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. | |
|
