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OVERVIEW OF U.S. IMMIGRATION FOR FOREIGN PHYSICIANS AND RESEARCHERS Shavit Yarden Yarden Law Group, LLC.

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Presentation on theme: "OVERVIEW OF U.S. IMMIGRATION FOR FOREIGN PHYSICIANS AND RESEARCHERS Shavit Yarden Yarden Law Group, LLC."— Presentation transcript:

1 OVERVIEW OF U.S. IMMIGRATION FOR FOREIGN PHYSICIANS AND RESEARCHERS Shavit Yarden Yarden Law Group, LLC

2 Physicians Who is a Physician for Immigration Purposes:  Includes M.D and D.O. (Dr. of Osteopathy)  Does not include podiatrists, optometrists, dentists, psychologists etc.

3 Physicians: Nonimmigrant Options FMG = Foreign Medical Graduate IGA = interested government agency NIV = non- immigrant visa NIW = national interest waiver  J-1 FMG – still most widely used  J-1 – for Professors and Research Scholars  J-1 – for Short term research  F-1 – mostly during OPT  H-1B – becoming more prevalent  H-1B1 – Singapore and Chile  O-1 – extraordinary abilities

4 Physicians: Nonimmigrant Options  TN – Canadians/Mexicans (teaching or research)  E-3 – Australians  E-2 – physicians investing in and managing a practice (treaty countries)  EAD incidental to status (spouse of E, L, A, G holders, J-2 spouses etc.)

5 NIV Physicians: J-1 for FMG  Historically the major way for FMG to train in the U.S. (at times it was the only way).  Sponsored exclusively by ECFMG and requires statement of need from home country  All FMG J-1 (and J-2 dependents) subject INA §212(e) – 2 years home residency requirement  Not eligible for H or L visas or green card unless waiver granted  Not eligible to change status in the U.S.  J-1 FMG is limited to duration of training but no more than 7 years (too short for some sub-specialties). Extensions on case by case for clinical needs of programs or for taking a board exams

6 NIV Physicians: INA §212(e) waiver for FMG  INA §212(e) is applicable to J-1 FMG and certain other J-1s (J-2 follows J-1)  There are 4 waiver types applicable to all J-1/2, 3 of them are available to FMGs as well  Special waiver provision for FMGs:  Request of Federal or State IGA (Interested Gov. Agency) States limited to 30 waivers per year each  Agreement to serve in medically underserved area for 3 years starting within 90 days of waiver and provide primary or specialty care (unless for research).  If waiver granted, FMG can change status to H-1B in the U.S. (cap exempt) if otherwise qualified

7 NIV Physicians: H-1B for FMG  H-1B may be available after 212(e) waiver or out right (non-waiver H-1B not cap exempt)  FMG may hold H-1B for clinical position if:  Has M.D. or O.D.  Passes USMLE levels1,2 and 3  Passes English competency exam  Licensed to practice in the state of intended employment  H-1B available for research and teaching positions  H-1B available for internship / fellowship

8 Permanent Immigration: Physicians  Physicians eligible for AOS/IV like others other than J-1 FMGs  J-1 FMG must obtain a waiver or go home for 2 years.  Major relevant routes to green card  Extraordinary ability or outstanding researcher  Labor certification in EB-2 category  Schedule A Group 2  EB-2 NIW  EB-5 (investment)

9 Permanent Immigration: Physicians  Special National Interest Waiver – Physicians:  Agree to work for 5 year as full-time clinical physician in medically underserved area or for the VA and a state or federal agency determined it is in the public interest  Time spent as J-1 not counted (but time spent to satisfy the J-1 waiver does count)  Green card may only be granted after completion of the 5 years. But filing can be done sooner  At time of filing I-140 must show 5 year contract or commitment letter (even if the 5 years already passed). Nonetheless prior qualified work even without contract / letter may count at the AOS stage.

10 Professors and Researchers  Not providing clinical care (other than incidental to teaching/research)  Can have M.D., Ph.D or other degree  Not subject to INA §212(e) as physicians (but may be subject for other reasons)  Not eligible for the special NIW for physicians  Otherwise routes to green card same as physicians:  Extraordinary ability or outstanding researcher  Labor certification in EB-2 category (usual or univ. route)  Schedule A Group 2  EB-2 NIW  EB-5 (investment)

11 Shavit Yarden Yarden Law Group, LLC Questions?


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