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