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Upcoming Events
July 23, 2009
Free Webinar for Medical Employers and Recruiters
Top 10 Immigration Rules You Need to Know to Hire Physicians Fast!
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Question of the Month |
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Q: Can my Labor Certification be sponsored by an employer different from my current employer?
A: Yes. You do not have to be working with the company ("employer") that will sponsor your Labor Certification (LC) at the time the LC is filed and/or certified. By filing a LC, the employer commits to having a job available for the foreign worker when he/she becomes a permanent resident, and the foreign worker commits to being ready, willing and available to start working with the employer, according to the LC terms, once he/she becomes a permanent resident. We advise you to always consult with an immigration attorney before filing any immigrant petition.
To submit a question to the Badmus' attorneys, click here and read the disclaimer and privacy notices before submitting your question.
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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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2010 Conrad 30 Program Race Begins -
Three Key Steps To Win a J-1 waiver |
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A J-1 physician must return to his or her home country after completion of the residency or fellowship program for a period of two years before joining a medical practice in the U.S. For J-1 physicians and the medical employers who wish to hire them immediately, the two year home residency requirement imposed by the J-1 visa is obviously a significant drawback. Fortunately, there are ways of obtaining a waiver of this requirement (J-1 waiver). For most, the Conrad 30 Program is the best route to a waiver. Created by Congress in 1994, the Conrad 30 Program permits each state (plus Washington, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands) to sponsor up to 30 physicians for J-1 waivers each year. To be eligible for a Conrad waiver, the physician must agree to work for a minimum of three years in a facility located in an underserved area or a facility that has a significant patient base that live in underserved areas (the "Flex 10"). Most state programs begin accepting applications on October 1. Some states like Texas open their programs in September or earlier.
Because of the limited number of slots for both primary care and specialties, medical facilities and J-1 physicians who intend to work together in 2010 should take these three steps to apply on or soon after October 1 for a successful application:
1. Start your recruitment or search now and begin negotiations to finalize the employment contract. Set a target date to execute a contract by September 1.
2. Review the state Conrad 30 program requirements to ensure your contract and recruitment complies with the J-1 waiver rules and to establish the information you will need to provide to the state Department of Health.
3. Contact an immigration attorney during contract negotiations if not earlier. An immigration attorney with extensive experience in physician immigration can guide both parties with respect to the contract, recruitment, licensing, and other requirements of the J-1 waiver program so there are no delays and missteps.
While a J-1 waiver application submitted months after October might be approved, a well-timed application offers a greater chance of winning an available slot and the earliest possible decision so all are confident the physician can join the practice on time.
If securing a J-1 waiver quickly is important to you, contact us to schedule a complimentary telephone consultation with one of our attorneys to help you execute a winning strategy. Call 469-916-7900 ext. 2 or email ppowell@badmuslaw.com.
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Priority Date Update |
The Department of State released the Visa Bulletin for the month of August. No big changes in the number of visas available. The EB-1 category continues to be current, the EB-3 category continues to be "unavailable" (visa availability in this category will resume in October, the first month of the new fiscal year) and the EB-2 category continues to be current for all countries except for China mainland born and India. However, there is improvement in the priority date, which now is October 1, 2003, for China mainland born and India. Hopefully, these priority dates will not retrogress in September and will become current in October. For information on priority dates and employment based green cards, please refer to our prior issue.
Because the limited number of immigrant visas ("green cards") and the growing backlog can delay a green card application for years, physicians and other medical professionals must act now to start the green card process. If obtaining permanent residence in the U.S. is your goal, contact us to discuss the best options and strategies for you. Call 469-916-7900 ext. 2 or email ppowell@badmuslaw.com. |
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Pending Legislation |
President Obama Launches Immigration Reform Discussions:
President Obama met with members of Congress on June 25, 2009 to discuss immigration reform. "My administration is fully behind an effort to achieve comprehensive immigration reform," the President said.
For the White House press release, click here.
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Thank You! |
Thank you to our many wonderful clients who have recommended our services over and over again. We sincerely appreciate the confidence of such clients as Dr. Safdar who writes:
"Choosing an immigration lawyer is the most critical decision as far as applying for J-1 waiver is concerned. I was referred to Badmus Law Firm by one of my friends, and I realized later that this was the best decision and it never made me regret. I have come across people going through J-1 waiver process and complaining about their lawyers or not knowing many things about their process. It was entirely different situation with me, since I was given the most accurate information, prompt response every time I contacted them, and whole waiver process was handled in an exceptionally efficient fashion. Lawyers in the law firm are very readily available, which is a huge plus and rare to find in real world. Last, but not the least, I was surprised by the lowest fees for the services which, I'm sure, are much superior to what other people get from celebrity law firms. I can write a whole essay about the qualities of this law firm, but in summary, Badmus Law Firm is the most accurate, efficient, cost effective, and authentic law firm and I would recommend it very highly to every J-1 holder without any hesitation."
-M. Safdar, M.D.
Do you want to help a friend, colleague or relative free themselves from immigration worries and secure their future in the U.S.? Be a hero and forward this newsletter to introduce them to Badmus Law Firm for exceptional care and peace of mind with their J-1 waiver, green card, or any other immigration process!
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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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