J-1 Waiver & H-1B Process for International Medical Graudates

1. J-1 Waiver & H-1B Process for International Medical Graudates March 8, 2012 Heather Sivaraman, Attorney at Law Law Offices of Dayna Kelly, Carrboro NC

2. J-1 Visa Status – Obligations of International Medical Graduates • INA 212(e) – Physician must return to home country for two years or obtain a waiver. • Department of Veteran Affairs • Department of Health and Human Services • Delta Regional Authority • Appalachian Regional Commission • Conrad 30 Programs – State Departments of Health • http://www.dkellyimmigrationlaw.com/services/j1-visa-waiver/conrad-30/ This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

3. Conrad 30 J-1 Waiver ProgramFederal Requirements • In general, physician must: • Agree to work full-time in a federally designated HPSA or MUA ; • Practice primary care or specialty medicine for a total of three years in the shortage area. • Meet the requirements of the state department of health sponsoring the waiver. This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

4. State Requirements • Variation: • Filing Fees? • FLEX slots? • Contractual Requirements? • Obligation? • Documents required – License approval? • Primary Care vs. Specialists? • Processing Times • Post-approval Reporting Requirements This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

5. 3 Steps to Waiver Approval • Employer files on behalf of employee • State Department of Health • U.S. Department of State • U.S. Citizenship and Immigration Services • Approval of the waiver does not authorize employment This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

6. H-1B Process • Requires ECFMG, USMLE 1-3, Permanent Medical License & Waiver Approval. • Must be filed prior to expiration of 30 day J-1 Waiver Grace Period – Extend for Boards? • Consular Processing • 90 Day Requirement This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

7. H-1B petition • Valid Employer/Employee Relationship • Employer files a Labor Condition Application with the U.S. Department of Labor • Form I-129 Petition for Nonimmigrant Worker • Employment Contract • Physician Qualifications & Immigration History • Waiver Approvals • Certified Labor Condition Application This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

8. H-1B Status • Approved for 3 year increments up to a maximum of 6 years; • Employment authorized ONLY for sponsoring Employer. • W-2 forms must match name of I-129 Petitioner; • No compensation allowed from any other source. • Employment authorized ONLY at worksites specified in the LCA/I-129 petition; • Base salary minimum requirement; • H-4 Dependents This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

9. Frequently Asked Questions • How do I know if a prospective employer qualifies for a J-1 Waiver Program? • By Address • http://datawarehouse.hrsa.gov/geoadvisor/shortagedesignationadvisor.aspx • By County • http://hpsafind.hrsa.gov/ • Contact the Employer • Contact the State Department of Health

10. Frequently Asked Questions • How long does this take? • J-1 Process • State Department of Health – variable but usually 8-12 weeks • Department of State – currently 6- 8 weeks • USCIS – variable • H-1B Process • 4 months unless premium processing requested • Physician cannot begin employment until H-1B is approved, and then must start within 60 days. This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

11. Frequently Asked Questions • How much does this cost and who pays? • J-1 Waiver Application • Legal Fees • Filing Fees? • Paid by Employer (recommended) • H-1B Petition • Filing Fees? • MUST be paid by Employer – no question. This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

12. Frequently Asked Questions * Can I transferto another Employer? • Extenuating Circumstances Required • Permission of State Department of Health • CIS must ultimately approve the transfer • Issues when applying for a Green Card This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

13. Frequently Asked Questions • Can I travel? • While J-1 Waiver Application is pending – Risky. • While H-1B Change of Status is pending – Prohibited. • If consular processing – Required. • After H-1B Approval – will need to obtain H-1B visa for re-entry to the U.S. after travel abroad. This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

14. So I’m an H-1B, What’s Next? • Routes to Lawful Permanent Residence for Physicians • National Interest Waiver • Labor Certification • EB-1 • Must complete at least three years in H-1B status before green card canbe issued. This information provides a very basic outline of the process involved. It is meant to be only a general description of the process and does not constitute legal advice. It is advisable to seek assistance from a qualified immigration attorney before beginning the J-1 waiver process.

15. Questions? • Please feel free to contact our office if we can be a resource to you in the future. • Heather Sivaraman, Attorney at Law • Law Offices of Dayna Kelly • www.dkellyimmigrationlaw.com • (919) 923-1410 • heather@dkelly.com • 400 West Weaver St. Carrboro NC 27510