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Overview of U.S. Immigration for Foreign Physicians and Researchers

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 .

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Overview of U.S. Immigration for Foreign Physicians and Researchers

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  1. Overview of U.S. Immigration for Foreign Physicians and Researchers ShavitYarden 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. Questions? ShavitYarden Yarden Law Group, LLC shavit@yardenlaw.com 646-485-5199

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