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International Clinicians: Keys to Immigration

http://www.shusterman.com This presentation discusses how international clinicians can get visa train in the US. Schedule a legal consultation at http://shusterman.com/schedule-immigration-consultation.html The 2 most common options are: 1) J Visas - Once an IMG has passed USMLE, Parts I and II, and matches with a medical residency program, he obtains a DS-2019 form from the Educational Commission for Foreign Medical Graduates (ECFMG) and either changes his status to J-1 in the US or goes abroad to get a J-1 visa. This subjects him to the 2-year home residency requirement. 2) H-1B Visa - Physicians who have passed all 3 parts of the USMLE and have matched with an employer who agrees to sponsor them for an H-1B visa may do so to avoid having to apply for a J waiver down the road. Most residency programs are "cap-exempt" so the physician does not have to worry about the numerical caps on H-1B petitions. See our Physicians Immigration Guide at http://shusterman.com/physiciansusimmigration.html

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International Clinicians: Keys to Immigration

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  1. International Clinicians/IMGsKeys to Immigration Presented by: Immigration Attorney Carl Shusterman to AMN Workforce Summit November 7-8, 2013

  2. Internationally Born Medical GraduatesAn Essential Resource: IMGs make up 25% of the physician workforce (includes US IMGs) Source: AMA Physician Master File

  3. IMGs by Country (Top Ten) IMGs in U.S. come from 127 countries Source: AMA Physician Master File

  4. IMGs Heaviest Concentration by State as a Percent of All Active Physicians Source: AMA Physician Master File

  5. IMGs: Number of Potential Candidates Coming Out of Residencies • Total graduating residents per year: 25,000 • Number of IMGs: approximately 7,000

  6. Visa Options For Residents & Fellows • J Status (training visa) • H-1B Status (employment visa) • Permanent Residence and Other Options

  7. Consequences of J Status for IMGs • 2-Year Home Residency Requirement • Must return to Country of Nationality or Last Residence for 2 years before obtaining H or L visa or Green Card

  8. How to Obtain a J Waiver • Persecution • Exceptional Hardship • To USC/LPR Spouse • To USC/LPR Child (under 21 & unmarried) • Interested Governmental Agency (IGA)

  9. J Waivers: Interested Governmental Agencies • Federal Agencies ARC VA HHS DRA • Conrad State Programs

  10. Conrad 30 • Primary care and/or specialists • All 50 states participate • Some have 10 “flex” spots – the physician does not have to practice in an underserved area, as long as he/she sees patients from underserved areas • Some states run out of spots, some do not • Check with Mr. Shusterman’s office

  11. Medical Residency/Fellowshipon H-1B Status • Passage of USMLE, Parts I, II & III • Acceptance to Residency Program • H-1B Petition

  12. H+1B Visa • No 2-year rule; doctor does not have to practice in an underserved area

  13. But there is a cap! • 85,000 H+1Bs per year • April 1st is filing date • Physicians who receive J waivers are exempt from cap • So are doctors who work at academic institutions, government or non-profit research institutes

  14. Permanent ResidenceEmployment Options • PERM • National Interest Waiver • The Law (1999) • The Regulations (2000) • The Lawsuit (2005)

  15. What about Canadian Physicians? • They are not considered IMGs • LMCC accepted in almost all states for licensure • Can qualify for H-1B if they have a U.S. exam (USMLE, FLEX, NBME) • But don’t need a U.S. exam for a green card

  16. Immigration Reform Bill in Congress • Would make the Conrad 30 program permanent • Would make J status “dual intent” • Would exempt spouse/children from 2-year rule • Would make it easier for H-1B MDs to change jobs • Would eliminate per-country quotas • Would provide a faster route for green cards to physicians and their families

  17. Finding IMG Resources Online http://shusterman.com • We Link to • Governmental Sites • Conrad 30 Programs • HPSA/MUA List • ECFMG/USMLE • Job Opportunities

  18. How to Keep Current • Physicians • Immigration Guide • Social Media • Free Subscription to our monthly e-mail newsletter 60,000 subscribers

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