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Immigration for IMGs: A Step by Step Guide

http://www.shusterman.com This presentation discusses how foreign-born physicians can get visas to 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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Immigration for IMGs: A Step by Step Guide

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  1. Immigration for IMGsA Step by Step Guide Immigration Attorney Carl Shusterman Los Angeles, CA

  2. Visa Options For Residents & Fellows • J Status • H-1B Status • Permanent Residence and Other Options

  3. Medical Residency/Fellowship on J-1 Status • Passage of USMLE, Parts I and II • Acceptance to Program • Form DS-2019 • Apply for Change of Status in US or for J Visa Abroad

  4. 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

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

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

  7. J Waiver Through Exceptional Hardship • Procedure • Submit Application to CIS • Exceptional hardship? • State Department Review • Benefits • No three-year commitment • No HPSA/MUA/MUP/VA

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

  9. Procedure For Clinical IGA Waivers • Job Offer in HPSA/MUA/MUP/VA • Recommendation From IGA • State Department • Check Status Online • Approval From USCIS • Change of Status to H-1B

  10. J Waiver Requirements • Work as H-1B for 3 Yrs • in HPSA/MUA/MUP/VA • Change of Employment • When to Apply for Permanent Residence

  11. Extraordinary Ability (O-1) Status • Extraordinary Ability Petition must include: • Written contract • Major prize/award or • Meet 3 of 8 factors

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

  13. Obtaining Permanent Residence Through PERM • PERM • Visa Petition (I-140) • Application for Adjustment Of Status (I-485) • Concurrent Filing • Consular Processing

  14. Obtaining Permanent Residence Through National Interest Waiver • Submit I-140 to USCIS • 5-year Commitment • Change of Employment • Submit I-485 to USCIS • Concurrent Filing • Work/Travel Permits for MD/Spouse/Children

  15. Permanent ResidenceOther Options • Through EB-5 Investment • Through Family Categories • Through Spouse • Through Parents • Through Siblings • Through Adult Children • Through Visa Lottery • Through Spouse’s Job

  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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