subject-matter index a - ailadownloads.org · subject-matter index a ability to pay . form i-140...

SUBJECT-MATTER INDEX

A

Ability to pay Form I-140 documentation, 230 PERM labor certification, 239, 255–57 Academic Medical Center (AMC) O-1 visas, 161–62 Accreditation Council for Graduate Medical

Education (ACGME) employment activities, definition by, 10 GME periods defined by, 241 non-boarded specialty, 12 role of, 7, 8 Adjustment of status Conrad State 30 waiver program, 71 H-1B visas, 71 HHS waivers for two-year requirement, 103 National Interest Waiver (NIW), 137, 220 three-year work commitment, effect on, 52 VA Department, 130–31 Advisory opinions State Department frequently asked questions,

324 Agriculture Department (USDA) designated officials for waiver of two-year

home residence requirement, 333 IGA waiver program of, 31 J-1 federal agency waivers, 56, 58, 64–65 AILA Conrad State waiver program, involvement in

creation of, 57 Form I-612 waiver denials, liaison activity in

connection with, 38 Air Force as IGA, 127 Alabama Appalachian Regional Commission (ARC)

waivers, 111 Delta Regional Authority (DRA) waiver

program, 115 Alien of extraordinary ability. See O-1 visas American Board of Medical Specialties (ABMS) ECFMG and, 9 role of, 7

American Competitiveness and Workforce Improvement Act of 1998 (ACWIA)

O-1 visas, 14 American Competitiveness in the Twenty-First

Century Act of 2000 Conrad State waiver program, 59 H-1B cap exemptions, 134n26, 150, 200, 202,

205, 337–54 USCIS Aytes Memo Guidance on Processing

Forms 1-140, I-129, and I-485 affected by AC21, 355–62

USCIS Neufeld Memo Guidance on Processing Forms 1-140, I-129, and I-485 affected by AC21, 337–54

American Hospital Association ECFMG and, 9 American Medical Association ECFMG and, 9 Amundson, Mary Conrad State waiver program, 58 Appalachian Regional Commission (ARC) generally, 124, 147 designated officials for waiver of two-year

home residence requirement, 333 J-1 waiver affidavit and agreement, 100, 113–

14 liquidated damages clause, 113–14 waiver policies and procedures, 111–13 Appeals EB-1-2 outstanding professor or researcher

visas, 238 Arizona Conrad State 30 waiver program, 83, 84, 85–

86, 96–98 employment contract amendment or change in,

197 Arkansas Delta Regional Authority (DRA) waiver

program, 115 Army as IGA, 127 Association for Hospital Medical Education ECFMG and, 9 Association of American Medical Colleges ECFMG and, 9

395

Asylum SUBJECT-MATTER INDEX

Asylum international medical graduates, 25n64 Attorneys fees labor certification, 248, 258 liquidated damages clauses, 113, 117 NIW petition, 258 representation PERM process, 137 VAMC, 135 Australian Free Trade Agreement E-3 visas, 156–57 Aytes, Michael employment “at” H-1B cap exemptions, 200–

209 Guidance on Processing Forms 1-140, I-129,

and I-485 affected by AC21, 355–62 National Interest Waiver (NIW) memo, 363–84

B

Board examinations J-1 Alien Physician Program extension issues,

13, 135n30

C

California Conrad State 30 waiver program, 49 California Service Center (CSC) Form I-612 waivers, 34–43 Canada graduate medical education (GME), 153 New York endorsement of medical license

from, 177 Case numbers Conrad State 30 waiver program, 46–47 State Department frequently asked questions,

325–26 Children See also J-2 dependents extenuating circumstances change of employers

and, 197 Form I-612 waiver, 37–38 O-3 dependents, 165 Chile Free Trade Agreement H-1B1 visas, 155–56 China

EB-2 retrogression and physicians from, 242, 244, 252

immigrant visa numbers availability for physicians from, 244

Connecticut Conrad State 30 waiver program, 83, 86 Conrad, Kent sponsor of Conrad State waiver program

legislation, 3, 22–25, 31, 55–56, 66, 81 Conrad State 30 waiver program generally, 99–100, 124, 147 application preparation guide, 46–53 case number, 46–47 H-1B petition, 46, 52–53 sponsoring facility in designated

underserved area, 50 state requirements and contact program

administrator, 47–50 waiver application, 50–52 creation and history of, 3, 22–24, 31–32, 45–

46, 55–78, 81–82 criteria and factors used by state coordinators in

adjudicating and granting waivers, 81–84

current status of, 61, 69–70, 147 employment contract amendment or change,

197 employment requirement in H status, 136–37 ethical considerations in representing hospital

and physician, 88–89 extenuating circumstances change of

employers, 194, 197–98 flex slots, 45–47, 49, 50, 70, 82, 86 future of, 77–78 H-1B visas, 157–58 hospitals’ process of prioritizing applications

within same facilities, 86–87 IMGs qualifying for immigration benefits flow

chart, 309 role in physician workforce, 76–77 more than 30 requests received, factors used in

granting waivers, 84–86 populous Conrad 30 states, 79–98 standard requirements for, 46 State Department frequently asked questions,

319–20 state requirements, 46, 47–50, 81, 263–79 state totals from 2000 through 2007, 91–92 three-year service requirement under, 24, 32,

51, 52, 71, 72–73 unresolved issues in, 70–73

396 Immigration Options for Physicians, 3rd Ed.

SUBJECT-MATTER INDEX Educational Commission on Foreign Medical Graduates (ECFMG)

changeover between VA facilities and MUA, 73

definition of “full-time” employment, 70–71 extenuating-circumstances standard, 72–73 full-time service in designated area, 70 loss of shortage designation, 72 90-day commencement period, 72 ongoing exemption from H-1B quota cap, 72 relocation to another designated MUA, 73 service specialty in H-1B status, 71 split VA appointments, 71–72 Constitutionality New York, unconstitutional licensure

restrictions for foreign physicians in, 181–92

Council on Graduate Medical Education (COGME)

role of, 5, 6–7 Country of last residence. See Two-year home

residence requirement CSC (California Service Center) Form I-612 waivers, 34–43

D

Defense Advanced Research Projects Agency (DARPA)

waivers and, 127 Defense Department (DoD) designated officials for waiver of two-year

home residence requirement, 333 waivers through, 125–26, 127 Delta Regional Authority (DRA) waiver program generally, 100, 124, 147 applications fee, 118, 119 procedure, 118–21 indigent and elderly patients, rules regarding

providing care for, 117–18 liquidated damages clause, 117 National Interest Waivers (NIW), 118 physician commitment in, 116 qualifications for, 116–17 recruiting requirements, 116 restrictive covenants and noncompete clauses,

117 state health departments’ role in, 116 states and counties covered, 115–16 timeline for adjudication of, 118 verification of compliance by physician and

employer, 118

District of Columbia Conrad State 30 waiver program, 99 DoD. See Defense Department DOS. See State Department DRA. See Delta Regional Authority waiver

program Dual representation Conrad State 30 waiver program representation

of hospital and physician, 88–89 extenuating circumstances change of

employers, conflicts in, 194

E

E-3 visas Australian Free Trade Agreement, 156–57 EB-1-2 outstanding professor or researcher visas ability to pay documentation, 230 alternatives to denial of, 238 appeals, 238 evidentiary issues, 233–37 authorship of scholarly books or articles,

236–37 burden of proof, 237 comparable evidence, 237 major prizes or awards, 233–34 membership in associations in medical field,

234 original scientific or scholarly research

contributions, 235–36 participation as judge of work of others, 235 peer letters of recommendation, 233 published material about person, 234 PERM labor certification compared, 229, 238 petitioning university hospital or medical

center, issues regarding, 231–33 full-time in research activities, 232–33 three years of research experience, 232 practice tips, 237, 238 standard for, 230–31, 238 EB-2 visas backlog in, 242, 244, 252 National Interest Waiver and, 214, 217 Educational Commission on Foreign Medical

Graduates (ECFMG) Alien Physician Program, 9–14, 143, 161 foreign equivalent medical degrees, 253–54 moonlighting, 10–11 physicians leaving when waiver granted,

complaints of, 135 VA Department waivers, 133, 135

Published by the American Immigration Lawyers Association 397

Elderly patients SUBJECT-MATTER INDEX

Elderly patients rules regarding providing care for Delta

Regional Authority (DRA) waiver program, 117–18

Employment Authorization Document (EAD) card

Conrad State 30 waiver program, 71 Employment contracts Appalachian Regional Commission (ARC),

112–13 Conrad State 30 waiver program application,

51–52 extenuating circumstances change of

employers, 194, 195–97, 198 HHS waivers for two-year requirement, 102 VA Department, 133, 138 Energy Department designated officials for waiver of two-year

home residence requirement, 333 waivers through, 126–27 English language examination H-1B visas, 15, 22, 153, 155 Equal Protection Clause New York, unconstitutional licensure

restrictions for foreign physicians in, 181–90, 192

ETA Form 9089 PERM labor certification, 245–47, 253, 254 Ethical considerations Conrad State 30 waiver program representation

of hospital and physician, 88–89 extenuating circumstances change of

employers, conflicts in, 194 European Union (EU) foreign residence requirement, 146 Exceptional hardship waivers HPEAA and, 17–21 State Department frequently asked questions,

319 Exceptional need standard for programs beyond

seven years J-1 Alien Physician Program, 10, 11–12 Exchange Visitor Program Services Office reinstatement following substantive violations,

14 Exchange Visitor Waiver Review Board HHS waivers for two-year requirement, 109,

311–12 Extension. See specific type of visa

Extenuating circumstances generally, 193 approval of, 114 circumstances not related to employers’ actions

or conduct, 197 Conrad State 30 waiver program, 197–98 establishment of, 195 evaluation of, 193–95 examples of, 195–97 liquidated damages clause, 114 Extraordinary ability petition. See O-1 visas

F

Federally Qualified Community Health Centers (FQHCs)

creation of, 75, 85 reimbursement of, 176n88 Federation Credentials Verification Service

(FCVS) New York state licensure, 170 Federation of State Medical Boards ECFMG and, 9 Fees Appalachian Regional Commission (ARC)

waivers, 111–12 Conrad State 30 waiver program, 47, 48 DRA waiver application, 118, 119 HHS waiver, 102 New York licensure, 167, 171, 173–74, 176 SEVIS, 14 State Department frequently asked questions,

321–22 VA waiver, 135 Final determination of waiver applications State Department frequently asked questions,

323–24 FLEX (Federation Licensing Examination) H-1B visas, 15, 21–22, 153, 155 New York state licensure, 168–69 Veteran Affairs (VA) Department, 132 Flex slots. See Conrad State 30 waiver program Florida Conrad State 30 waiver program, 83, 84, 85–86 Flowcharts IMGs, qualifying for immigration benefits, 309 Foreign language requirements PERM labor certification, 248–49 Foreign medical graduates (FMGs) history on immigration of, 1–4


SUBJECT-MATTER INDEX H-1B visas

Foreign residence requirement. See Two-year home residence requirement

Form 426 (HHS) HHS waivers for two-year requirement, 108 Form DS-2019 Appalachian Regional Commission (ARC),

112, 113 DRA waiver, 120 ECFMG issuance, 10 HHS research waiver, 312 incorrect notation on §212(e) applicability in,

12, 123 non-boarded specialty, 12 reinstatement following substantive violations,

14 time period in, 12 Veteran Affairs (VA) Department, 132, 135 Form DS-3035 Conrad State 30 waiver program, 47 DOS/VSC Liaison Committee practice pointer

for, 329–32 Form G-28 Conrad State 30 waiver program application,

52 Delta Regional Authority (DRA) waiver

program, 118, 119 Form I-94 E-3 visas, 56 Form I-129 H-1B visas, 56 Form I-140 ability to pay documentation, 230 EB-1-2 outstanding professor or researcher

visas, 238 medical trainees, 242–45 National Interest Waiver (NIW), 214–16, 220–

28 PERM labor certification compared, 239 Form I-485 Conrad State 30 waiver program, 71 medical trainees, 240, 242–45 PERM labor certification, 239, 245 Form I-612 waivers background of waiver applications, 33–34 DOS/VSC Liaison Committee practice pointer

for, 329–32 improvement in processing of, 42–43 problems in processing of, 34–39, 43 proof of hardship, 42, 43 public interest of U.S. and, 39–42, 43

State Department frequently asked questions, 318

Form I-613 Form I-612 waivers, 38 Form I-797 extenuating circumstances change of

employers, 193 Form I-612 compared, 33n2 Fulbright-Hayes Act exchange visitor program under, 9

G

Garland, Gary Conrad State waiver program, 58 Georgia Appalachian Regional Commission (ARC)

waivers, 111 Graduate medical education (GME) Canada, 153 change of J-1 category, 14 H-1B visas, 15, 21–22, 68, 150, 151–53, 155 history of, 6–7 home country statement of need letter, 10 J-1 visas, 5–14, 22 moonlighting, 10–11 O-1 visas, 14–15 permanent residence option, 152 qualifying for immigration benefits, flow chart

of, 309 reinstatement following substantive violations,

14 role of, 7–8 section 212(e) home residence obligations, 10.

See also Two-year home residence requirement

12-month bar of admissibility following previous J-1 programs, 14

USMLE Step 3 eligibility, 8, 22, 154 visa options for, 8–9 Guam Conrad State 30 waiver program, 99

H

H-1B visas Australian Free Trade Agreement visa

compared, 156–57 cap, 199 Conrad waivers, 46, 59, 72, 158


H-1B1 visas SUBJECT-MATTER INDEX

exemptions, 150, 199–209, 337–54 Chilean and Singaporean Free Trade

Agreements, 155 clinical or graduate medical positions, 150, 151 licensure and credentialing requirements,

152–53 required documents, 155 Conrad State 30 waiver program, 46, 52–53,

71, 157–58 E-3 visas, 156–57 eligibility, 21–22 employment “at” cap exemptions, 199–203 employment in H status, 135–37, 139–41 extenuating circumstances change of

employers, 193–98 graduate medical education (GME), 15, 21–22,

68, 150, 151–53 HPEAA and, 29 HPSA three-year employment agreement

waiver, 193–98 licensure and credentialing requirements, 152–

56 clinical or graduate medical positions, 150,

152–53 teaching or research positions, 154–55 limited availability of, 21–22 New York state licensure and, 172–73 O-1 visa alternative, 151, 161 overview, 149 permanent resident status and, 80 PERM process and, 245 portability provision, 15 qualifying for immigration benefits flow chart,

309 related or affiliated nonprofit entities cap

exemption, 150, 199–200, 203–7 residence programs, 2–3 teaching or research positions, 154–55 U.S. Medical Licensing Examination

(USMLE), 8 Veteran Affairs (VA) Department, 129, 130–

31, 133, 135–37, 139–41 H-1B1 visas Chilean and Singaporean Free Trade

Agreements, 155–56 H-2 visas HPEAA and, 29 H-3 visas HPEAA and, 29 H-4 status extenuating circumstances change of

employers, 194

Hardship and persecution waivers See also Form I-612 waivers generally, 99 Hauer, Karen on physician shortage, 80 Health and Human Services (HHS) Department designated officials for waiver of two-year

home residence requirement, 333 HHS waivers of two-year requirement. See

HHS waivers of two-year requirement Health care in America foreign medical graduates and, 1–4 gaps in service in, 30–31 IMGs’ role in physician workforce, 76–77 national health care reform measures, 75–76 physician shortage in. See Physician shortage Health Insurance Portability and Accountability

Act of 1996 (HIPAA) Conrad State 30 waiver program application,

50–51 Health Professionals Educational Assistance Act

(HPEAA) enactment of, 9, 29–30, 63–64 evolution of, 30–31 IMGs, restricting entry under, 19–21 Health Professional Shortage Areas (HPSAs) Appalachian Regional Commission (ARC). See

Appalachian Regional Commission (ARC)

Conrad State 30 waiver program. See Conrad State 30 waiver program

criteria for designation of, 101 Delta Regional Authority waivers. See Delta

Regional Authority (DRA) waiver program

extenuating circumstances change of employers, 193, 196–97, 198

HHS waivers. See HHS waivers of two-year requirement

National Interest Waiver (NIW), 219–28, 363–84

New York state licensure, 172 HHS waivers of two-year requirement generally, 124 clinicians in underserved areas, 100–110 after HHS recommendation, 103 application process, 102–3 background, 100 eligibility requirements, 100–102 work commitment for, 103


SUBJECT-MATTER INDEX Iowa

Exchange Visitor Waiver Review Board, 109, 311–12

researchers, 103–10, 124–25, 147, 311–12 after HHS recommendation, 109–10 application process, 108–9, 311–13 background, 103 denials, 313 eligibility requirements, 103–8 Veteran Affairs (VA) Department, 135 Holocaust Memorial Museum designated officials for waiver of two-year

home residence requirement, 335 Homeland Security Department country of residence for foreign residence

requirement, 145–46 Form I-612 waivers, 39 O-1 visas, 160 Home residence requirement. See Two-year

home residence requirement Hostetler, John Conrad State waiver program, 60 Housing and Urban Development Department

(HUD) designated officials for waiver of two-year

home residence requirement, 333 IGA waiver program of, 31, 56, 58, 64, 65 HPEAA. See Health Professionals Educational

Assistance Act HPSAs. See Health Professional Shortage Areas Hughes, Michael Veteran Affairs (VA) Department, 135–36

I

IGA. See Interested Government Agency waiver Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (IIRAIRA) Conrad waiver program under, 23 Illinois Conrad State 30 waiver program, 83, 85, 86 Delta Regional Authority (DRA) waiver

program, 115 IMMACT90. See Immigration Act of 1990 Immigrant visa number medical trainees in PERM process, 242 Immigration Act of 1990 (IMMACT90) enactment of, 2, 3 H-1B visas, 15, 21, 149 O-1 visas, 159

Immigration and Nationality Technical Corrections Act of 1994 (INTCA)

Conrad State waiver program, 58 enactment of, 22–23 Independent contractors H-1B visas, 151 PERM labor certification, 256–57 India EB-2 retrogression and physicians from, 242,

244, 252 physicians in United States from, 242n12 Indigent and elderly patients rules regarding providing care for Delta

Regional Authority (DRA) waiver program, 117–18

Information and Educational Exchange Act. See Smith-Mundt Act of 1948

Interested Government Agency (IGA) waiver See also specific facilities and institutions generally, 99, 124, 147 changeover between VA facilities and MUA,

73 determination of agency with authority for, 128 employment requirement in H status, 136–37 enactment of, 3 federal agencies use of, 17, 31, 45, 56, 58, 64–

65, 66–68 Form I-612 waiver compared, 33n2 HPEAA enactment and, 64 State Department frequently asked questions,

316–18 state governments. See Conrad State 30 waiver

program Interior Department (DoI) designated officials for waiver of two-year

home residence requirement, 334 waivers through, 127 International medical graduates (IMGs) change in attitude toward contribution of, 22–

25 Indian physicians, 242n12 number of, 45 qualifying for immigration benefits flow chart,

309 restricting entry of, 19–21, 29–30, 63–64 role in workforce of, 76–177 Iowa Conrad State 30 waiver program, 83, 85, 86


J-1 visas SUBJECT-MATTER INDEX

J

J-1 visas Alien Physician Program, 9, 143–44 change of J-1 category, 14 duration of, 9, 11–13 extension issues, 11–13, 135n30 Form DS-2019, 10, 12 IMGs, qualifying for immigration benefits

flow chart, 309 minor technical infractions, correction of, 12 moonlighting, 10–11 reinstatement following substantive

violations, 14 section 212(e) home residence obligations,

10, 17–27, 36 12-month bar of admissibility following

previous J-1 programs, 14 career development considerations, 165 categories of, 143 Conrad State 30 waiver program. See Conrad

State 30 waiver program Exchange Visitor program, 6, 9, 151–52 decrease in numbers in, 68 history of, 17–18, 63 J-1 research waiver, 311–13 Skills List questions, 325 extension issues, 11–13, 135n30, 320–21 extenuating circumstances change of

employers, 114 graduate medical education (GME), 5–16, 22 history of, 17–19 IMGs’ role in physician workforce, 76–77 Research and Teaching Programs, 13, 144 change of J-1 category, 14 HHS waivers for two-year requirement,

103–10 IMGs, qualifying for immigration benefits

flow chart, 309 12-month bar of admissibility following

previous J-1 programs, 14 Scholar program, 13 change of J-1 category, 14 12-month bar of admissibility following

previous J-1 programs, 14 section 212(e) home residence requirement. See

Two-year home residence requirement waivers. See Waivers; specific types of waivers J-2 dependents foreign residence requirement for, 144, 146 home residence obligations of, 25, 26 State Department and, 20, 127, 147, 321

Johnson, Pete Delta Regional Authority (DRA) waiver

program, 115 Joint Commission on the Accreditation of

Healthcare Organizations (JCAHO) role of, 7

K

Kalkut, Craig Conrad State waiver program, 61 Kentucky Appalachian Regional Commission (ARC)

waivers, 111 Conrad State 30 waiver program, 83 Delta Regional Authority (DRA) waiver

program, 115

L

Labor Department PERM process, 137 Library of Congress designated officials for waiver of two-year

home residence requirement, 334 Licensure Appalachian Regional Commission (ARC), 113 graduate medical education and, 8 H-1B visas, 153, 154–55 H-1B1 visas, 56 requirements by state, 153, 154–55, 167–79,

281–308 Liquidated damages clause Appalachian Regional Commission (ARC),

113–14 Delta Regional Authority (DRA) waiver

program, 117 LMCC (Medical Council of Canada) H-1B visas, 153 Louisiana Delta Regional Authority (DRA) waiver

program, 115–16

M

Mahr, Tom Conrad State waiver program, 60


SUBJECT-MATTER INDEX National Interest Waiver (NIW)

Maryland Appalachian Regional Commission (ARC)

waivers, 111 Massachusetts Conrad State 30 waiver program, 48, 83 McGovern, Elissa Conrad State waiver program, 57 Medical Council of Canada (LMCC) H-1B visas, 153 Medically underserved area/population

(MUA/MUP) Appalachian Regional Commission. See


Conrad State 30 waivers. See Conrad State 30 waiver program

Delta Regional Authority waivers. See Delta Regional Authority (DRA) waiver program

HHS waivers. See HHS waivers of two-year requirement

National Interest Waiver (NIW), 219–28, 363–84

New York state licensure, 172 Medicare Trust Fund COGME recommendation on, 7 role of, 8 Meyers, Sam Conrad program creation and, 31, 55–62 Michigan Conrad State 30 waiver program, 83, 85, 86 Miscellaneous and Technical Immigration and

Naturalization Amendments of 1991 (MTINA) enactment, 2–3 H-1B visas, 21–22, 149 Mississippi Appalachian Regional Commission (ARC)

waivers, 111 Conrad State 30 waiver program application,

51–52 Delta Regional Authority (DRA) waiver

program, 116 Missouri Conrad State 30 waiver program, 83, 86 Delta Regional Authority (DRA) waiver

program, 116 Mitchell, George Conrad State waiver program, 57–58 Moonlighting generally, 10–11

MTINA. See Miscellaneous and Technical Immigration and Naturalization Amendments of 1991

MUA/MUP. See Medically underserved area/population

Mutual Educational and Cultural Exchange Act of 1961

requirements of, 29

N

Nash, Bob J. J-1 federal agency waivers, 56 National Aeronautics and Space Administration

(NASA) designated officials for waiver of two-year

home residence requirement, 334 waivers through, 126 National Board of Medical Examiners ECFMG and, 9 National Board of Medical Examiners

examination (NBME) H-1B visas, 15, 21, 153, 155 New York state licensure, 168–69 requirement of, 29 National Endowment for the Arts designated officials for waiver of two-year

home residence requirement, 334 National Healthcare Access Coalition Conrad State waiver program, 60 National Health Service Corps (NHSC) clinician placements through, 75–76 HHS waivers of two-year requirement, 102 National Institutes of Health (NIH) waivers through, 127 National Interest Waiver (NIW) generally, 211–12 adjustment of status, 137 clinical physicians, 219–28 evidence of intended employment, 222–23 five-year employment period, 219, 221–27 PERM labor certification compared, 227–28 public interest certification, 219, 221 regulations, 220–23 specialists, 225 statute applicable to, 219–20 USCIS memo guidance for adjudication,

363–84 Conrad State 30 program, 52–53


National Science Foundation SUBJECT-MATTER INDEX

Delta Regional Authority (DRA) waiver program, 118

EB-1-2 outstanding professor or researcher visas, 238

federal statute and regulations, 219–23 H-1B visas, no employer-employee

relationship, 151 HHS waivers for two-year requirement, 103 history of, 3 NYSDOT decision post-NYSDOT case studies, 212–18 standard from, 212, 257 O-1 visas and, 214 PERM labor certification compared, 227–28,

257–59 Schneider v. Chertoff and USCIS response,

223–26, 257–58 service term under, 52–53 unresolved problems, 226–27 Veteran Affairs (VA) Department, 134–37 National Science Foundation designated officials for waiver of two-year

home residence requirement, 334–35 Native American/Alaskan Native tribal medical

facility HHS waivers of two-year requirement, 101–2 Interior Department (DoI) waivers, 127 Navy as IGA, 127 Neufield, Donald USCIS Memo Guidance on Processing Forms

1-140, I-129, and I-485 affected by AC21, 337–54

New York Appalachian Regional Commission (ARC)

waivers, 111 Conrad State 30 waiver program, 48, 83 licensure contact information, 178 endorsement of licenses from other states or

countries, 176–78 exemptions from, 178 fifth pathway, 178 general requirements for, 167–71 limited permit, 174–76 for nonimmigrant physicians, 171–78 three-year limited license, 171–74 unconstitutional restrictions for foreign

physicians in, 181–92 NIH Guide for Grants and Contracts HHS waivers for two-year requirement for

researchers, 106

NIH Office of Extramural Research HHS waivers for two-year requirement for

researchers, 106 NIW. See National Interest Waiver Noncompete clauses Conrad State 30 waiver program, 52 Delta Regional Authority (DRA) waiver

program, 117 HHS waivers for two-year requirement, 102 “No objection” letters NIH waiver, 20 waivers, 20, 21, 33n2, 64, 147, 315–16 North Carolina Appalachian Regional Commission (ARC)

waivers, 111 North Dakota Conrad State waiver program, 58 Nursing Relief for Disadvantaged Areas Act of

1999 physician shortages, relief for, 219

O

O-1 visas academic medical centers, physicians at, 161–

62 background of, 159 career development considerations, 165 clinicians and, 162 documentation and proof of extraordinary

physician, 162–63 alien’s works, 163–64 “catch-all” category of evidence, 164 memberships based on outstanding

achievement, 163 peer review and perceptions of salary, 164 presentation of, 160 prize or awards for past achievements, 163 support letters, 163 work in critical capacity, 164 extensions, 164–65 graduate medical education and, 14–15 HHS waivers for two-year requirement

application material and, 108 IMGs, qualifying for immigration benefits flow

chart, 309 multiple, 161 national interest waivers and, 214 new events petition, 165 New York state licensure, 172–73 O-3 dependents, 165


SUBJECT-MATTER INDEX Rice, Peggie


petition for, 160 regulations, 159–60 restrictions on, 34 statutory language, 159 termination of employment, 165 transportation, 165 uses of, 160–61 Veteran Affairs (VA) waivers, 134–35 O-3 dependents O-1 visas and, 165 Obey, Craig Conrad State waiver program, 56–57 Office of Personnel Management federal hiring considerations, 130 Ohio Appalachian Regional Commission (ARC)

waivers, 111 Conrad State 30 waiver program, 48

P

Pearson, Michael employment requirement in H status, 136–37 HHS waivers for two-year requirement, 109–10 Pennsylvania Appalachian Regional Commission (ARC)

waivers, 111 Conrad State 30 waiver program, 83, 86 Permanent residence See also specific visas and programs graduate medical education, 152 H-1B visas and, 80 IMGs, qualifying for immigration benefits flow

chart, 309 National Interest Waiver (NIW) for clinical

physicians, 219–28 O-1 visa status, 134 Veteran Affairs (VA) Department, 129, 130–

31, 134, 135–37 PERM labor certification EB-1-2 outstanding professor or researcher

visas compared, 229 hospitals, 255–56 identity of employer, 255–57 medical trainees (interns, residents, and clinical

fellows), 240–48 factors in decision to file, 247–58 immigrant visa number availability, 242–45 minimum requirements, 245–47 permanent employment, 240–42 portability, 245

National Interest Waiver (NIW) compared, 227–28, 257–59

O-1 visas, 165 physician labor certification, 248–57 academic physicians, 249–51 foreign-equivalent medical degree, 253–55 foreign language requirements, 248–49 pre-board eligibility, 251–53 timing of application, 251–53 self-incorporation and independent contractor

arrangements, 256–57 Stark Laws, 255–57 Veteran Affairs (VA) Department, 137 Physician shortage anticipated, 3, 5–7, 30–32, 73–75, 80, 219, 248 Form I-612 waivers, 40 IMGs’ role in physician workforce, 76–77 national health care reform measures, 75–76 Portability. See H-1B visas; PERM labor

certification Processing times State Department frequently asked questions,

322 Program Electronic Review Management

(PERM) labor certification. See PERM labor certification

Public Health Service Act (PHSA) FQHC under, 75 HHS waivers for two-year requirement, 101 HPSA under, 101–2

R

Researchers and teachers See also J-1 visas EB-1-2 outstanding professor or researcher

visas, 229–38 H-1B visas, 150, 154–55 O-1 visas. See O-1 visas visas for, 13, 14 waivers for, 124–25. See also HHS waivers of

two-year requirement Restrictive covenants Delta Regional Authority (DRA) waiver

program, 117 Rice, Jon R. Conrad State waiver program, 58 Rice, Peggie Conrad State waiver program, 60

Rural clinics SUBJECT-MATTER INDEX

Rural clinics reimbursement of, 176n88 shortage of physicians for. See Physician

shortage

S

Section 212(e) home residence requirement. See Two-year home residence requirement

Sensenbrenner, James Conrad State waiver program, 60 Shortage of physicians. See Physician shortage Simon, Paul Conrad State waiver program, 58 Simpson, Alan Conrad State waiver program, 58 Singapore Free Trade Agreement H-1B1 visas, 155–56 Skills List questions State Department frequently asked questions,

325 Smith-Mundt Act of 1948 exchange visitor program under, 18 foreign residence requirement, 144 Smithsonian Institution designated officials for waiver of two-year

home residence requirement, 335 South Carolina Appalachian Regional Commission (ARC)

waivers, 111 Conrad State 30 waiver program, 47 Specialist physicians Conrad State 30 waiver program, 49, 125 DRA waiver program, 116–17, 125 National Interest Waiver (NIW), 225 VA waiver program, 125 waivers for, 125 Specter, Arlen Conrad State waiver program, 61 Stark Laws PERM labor certification, 239, 255–57 State Department (DOS) Appalachian Regional Commission (ARC)

waivers, 111, 112 change of J-1 category, 14 Conrad State 30 waiver program, 46 country of residence for foreign residence

requirement, 145–46

Delta Regional Authority (DRA) waiver program compliance, 118

Department of Defense (DoD) waivers, 126 extension requests with pending J-1 waiver

application, 12–13 Form I-612 waiver, 33 HHS waivers for two-year requirement, 102,

109 home residence requirement, 25–26 as IGA, 127, 147 J-2 dependents, 127 J waivers, frequently asked questions, 315–27 role of, 6, 9 Veteran Affairs (VA) Department waivers, 133 Waiver Review Division, 47 waivers through, 127–28 Statement of Need (SON) country of residence in, 143, 145–46 State requirements See also specific states Appalachian Regional Commission. See


Conrad State 30 waivers. See Conrad State 30 waiver program

Delta Regional Authority (DRA) waivers, 115–21

H-1B1, 56 licensure, 8, 56, 153, 154–55, 167–79, 281–308 Status inquiries State Department frequently asked questions,

322–23 Student and Exchange Visitor Information

System (SEVIS) creation of, 9 Substantive violations reinstatement following, 14 Supremacy Clause New York, unconstitutional licensure

restrictions for foreign physicians in, 190–92

T

Technical infractions, correction J-1 Alien Physician Program, 12 “Telehealth” health care reform and, 76


SUBJECT-MATTER INDEX U.S. Medical Licensing Examination (USMLE)

Tennessee Appalachian Regional Commission (ARC)

waivers, 111 Delta Regional Authority (DRA) waivers, 116 Texas Conrad State 30 waiver program, 48, 83, 86 Three-year service requirement. See Extenuating

circumstances; specific visas and waiver programs

Transportation Department designated officials for waiver of two-year

home residence requirement, 334 Turk, Dave Conrad State waiver program, 59, 60 Two-year home residence requirement See also specific waiver programs generally, 10, 143–44, 151–52, 160–61 Appalachian Regional Commission (ARC)

waivers, 111–14 appropriate country of return, 25–26, 144–46,

321, 325 Conrad State 30 waivers. See Conrad State 30

waiver program designated officials for waiver of, 333–35 E-3 visas, 157 effect of, 80 extenuating circumstances, 193–98 Form I-612 waivers, 33–43 hardship, 146, 197 HHS waiver for two-year requirement, 99–110 history and development of, 17–25, 29, 63–64 HPSA three-year employment agreement

waiver, 193 J-1 research waiver, 311–13 O-1 visas and, 15, 160–61 persecution, 146 satisfaction or waiver of, 25–26, 146–47 Statement of Need (SON), 143, 145–46 VA Department, 129–41 waivers, 123–28, 146–47. See also specific

types of waivers

U

Unauthorized employment moonlighting, 10–11 as substantive violation, 14 Underserved areas See also Medically underserved area/population

(MUA/MUP) HPEAA and, 20

section 212(e) home residence requirement, 10 Universities academic physician PERM labor certification,

249–51 VA Department. joint appointments, 71–72,

133–34 University of North Carolina Sheps Center study, findings of, 30–31 U.S. Citizenship and Immigration Services

(USCIS) Aytes Memo Guidance on Processing Forms 1-

140, I-129, and I-485 affected by AC21, 355–62

Conrad State 30 waiver program, 46 country of residence for foreign residence

requirement, 146 Delta Regional Authority (DRA) waiver

program compliance, 118 EB-1-2 outstanding professor or researcher

visas, 237 employment requirement in H status, 137 extenuating circumstances change of

employers, 114, 193, 194, 198 Form I-140 petition, 242 Form I-612 waivers. See Form I-612 waivers H-1B cap exemption, 199–209 H-1B visa licensure, 153, 154 HHS waivers for two-year requirement, 102,

103 National Interest Waiver (NIW), 220, 221–26,

228n42 Neufeld Memo Guidance on Processing Forms

1-140, I-129, and I-485 affected by AC21, 337–54

New York state licensure, 172 O-1 visas, 159, 163, 164, 165 PERM labor certification, 228n42 split positions, interpretation of, 134 Veteran Affairs (VA) Department waivers, 133 U.S. Coast Guard as IGA, 127, 128 U.S. Information Agency (USIA) extension requests with pending J-1 waiver

application, 12 12-month bar of admissibility following

previous J-1 programs, 14 U.S. Medical Licensing Examination (USMLE) administration of, 9 H-1B visas, 15, 22, 153, 154, 155 HHS waivers for two-year requirement, 101 New York State licensure, 168–69 requirement of, 8


USA PATRIOT Act SUBJECT-MATTER INDEX


Step 3 eligibility, 8, 22, 154 VA Department, 132 USA PATRIOT Act requirements of, 9 USCIS. See U.S. Citizenship and Immigration

Services USDA. See Agriculture Department

V

Veteran Affairs (VA) Department generally, 10, 100, 124, 147 attorneys’ role in, 135 changeover between VA facilities and MUA,

73 designated officials for waiver of two-year

home residence requirement, 334 federal hiring considerations, 130–31 guidelines, 131–33 completion of waiver requests, 132–33, 138 physician selection, 132 recruitment, 131–32 H-1B visas, 129, 130–31, 133, 135–37, 139–41,

154–55, 199 joint appointments with universities, 71–72,

133–34 National Interest Waiver (NIW), 217, 219–28,

363–84 O-1 visa status, 134–35 permanent residence hiring of, 129 PERM, 137 VACO guidance on filing National Interest

Waivers, 135–37 physicians out of status or outside of U.S., 135 split VA appointments, 71–72, 133–34, 138 Virginia Appalachian Regional Commission (ARC)

waivers, 111 Visa Qualifying Exam (VQE) requirement of, 29

W

Waivers See also specific waiver programs

generally, 123–28, 146–47 alternative avenues for physicians to obtain,

125–28 Appalachian Regional Commission (ARC),

111–14 Defense Department, 125–26 definition, 123–24 Delta Regional Authority (DRA) waiver

program, 115–21 Energy Department, 126–27 extension requests with pending J-1 waiver

application, 12–13 Form I-612 waivers, 33–43 HHS waiver for two-year requirement, 99–110 IMGs, qualifying for immigration benefits flow

chart, 309 Interior Department, 127 J-1 Alien Physician Program, 12–13 J-1 research waiver, 311–13 J-2 dependents, home residence requirement of,

26 NASA, 126 national interest waiver. See National interest

waiver (NIW) “no objection” letters, 20, 21, 33n2, 64, 147,

315–16 section 212(e) home residence requirement, 10.

See also Two-year home residence requirement

for specialists, 49, 116–17, 125 State Department, 127–28 types of J waivers, frequently asked questions,

315–27 typical avenues for physicians to obtain, 124–

25 VA Department, 129–41 Wakefield, Mary Conrad State waiver program, 56 Washington (state) Conrad State 30 waiver program, 83 Websites government, 326–27 West Virginia Appalachian Regional Commission (ARC)

waivers, 111 Williams, Kathy Conrad State waiver program, 58

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