top 6 alternatives to h-1b visas for foreign physicians
TRANSCRIPT
TOP 6 ALTERNATIVES TO H-1B VISASFOR FOREIGN NATIONAL PHYSICIANS
Ann Massey BadmusCowles& Thompson, PC
WELCOME NCHCR!
Practice LeaderImmigration SectionCowles & Thompson, PCwww.badmuslaw.com
Ann Massey BadmusPresenter
? Ask questions at any time
? Use your Q&A pane at the bottom of your screen to type and send your questions.
? Questions will be answered during the presentation and during the Q & A session.
AGENDA
H-1B Visa Overview
Alternative Hiring Options
Alternative Temporary Visa Options
Green Card Options
H-1B Visa Overview
H-1B Nonimmigrant Visas
A nonimmigrant (temporary) visa that allows a non-citizen to be employed in the United States for up to 6 years in a “specialty occupation” for a specific employer (“petitioner”).
What is a Specialty Occupation?
An occupation that requires highly skilled specialized knowledge and
A bachelor’s or higher degree (or its equivalent) in the specific specialty as a minimum for entry into the occupation
Employee Qualifications
Have completed a U.S. bachelor’s or higher degree (or its foreign equivalent) or
Have education, training, or experience in the specialty equivalent to the completion of such degree (3:1 rule) and
Possess full state licensure if required to practice in the state of employment
H-1B Numerical Limitations - “H-1B Cap”
Quota of 65,000 new H-1B visas per fiscal year (except Free Trade Act (FTA) nationals)
20,000 per fiscal year for persons who hold US Master’s degrees or higher
Applies to first-time H-1B or previously cap-exempt H-1B employees
Alternatives to Cap-Subject H-1B Visas
COMMON REASONS TO LOOK FOR OTHER OPTIONS
H-1B visa cap application rejected
Too late to apply for H-1B cap visa
H-1B maximum limit of 6 years has been reached
H-1B visa application denied
HIRING OPTIONS – CURRENT H-1B PHYSICIANS
H-1B candidates previously counted in the cap or former J-1 waiver doctorsRemaining time on 6 year maximum period
Check previous H-1B applications for the physicians
Inside or outside the U.S.
Can apply any time
Cap-exempt employers
Universities and non-profit petitioners affiliated with post-secondary educational institutions
Government research organizations and non-profit petitioners affiliated with government research institutionsFor-profit employers who place employee at a non-profit, university-affiliated facility for at least 50% of work week
Cap-exempt beneficiaries
Physicians who are beneficiaries of J-1 IGA waivers only (does not include hardship waivers or persecution waivers)
HIRING OPTIONS – CAP EXEMPTIONS
For profit employer offers part-time
employment to the provider (ranges
from 5 to 60 hours/week)
The start date of the H-1B must be a date
before the physician’s cap-
exempt H-1B expires.
Concurrent H-1B petition is filed and
approved before current cap-exempt employment ends.
HIRING OPTIONS – CONCURRENT H-1B
Temporary Visa Options – Country Specific
H-1B1 Chile and Singapore
E-3 Australian
TN Trade NAFTA
E-2 Treaty Investor or Trader
Nationality – must be citizen of Singapore or Chile
Specialty occupation and other requirements similar to H-1B
Annual quota of 6,800 (1,400 professionals from Chile and 5,400 professionals from Singapore), never reached
18 month period of employment – no limit on extensions and can change to H-1B if available
Dependent spouses cannot work
H-1B1 Specialty Occupation Professional Visa
Nationality – must be citizen of Australia
Specialty occupation and other requirements similar to H-1B
Annual quota of 10,500, never reached
Two year period of employment – no limit on extensions
Spouses can work upon USCIS approval
E-3 Specialty Occupation Professional Visa
Nationality – must be citizen of Mexico or Canada
Profession must be listed on the NAFTA occupations list - 8 CFR § 214.6 – Physicians – research only with limited clinicalNo quota or limit on the number of TN visas each year
Three year period of employment – no limit on extensions
Dependent Spouses cannot work
TN Trade NAFTA Professional Visa
Nationality – owner and employee must be citizen of treaty country – http://travel.state.gov/content/visas/english/fees/treaty.htmlInvestment must be substantial in a real, operating enterprise – e.g. medical practice
Treaty investor must have controlling interest (50% or more) in the company
Independent contractor
Spouses can work with USCIS approval
Treaty Investor (E-2) Visa Program
Must show sustained national or international acclaim in applicant’s field of endeavor
Overall evidence must show applicant has “risen to the top of the field”
Employer required and expert/peer consultation required
Three year initial period of employment, unlimited extensions
Dependent spouses cannot work
O-1 Extraordinary Ability Visa
National or internationally recognized prizes or awards
Membership in organizations requiring outstanding accomplishments
Published materials in major or professional media about applicant’s work
Judging the work of others, individually or on a panel
Original contributions of major significance to the field
O-1 Extraordinary Ability Visa (cont) Must meet three(3)of these criteria:
Authorship of scholarly articles
High salary or compensation as compared to others in the field
Performance in a leading or critical role for distinguished organizations
Other comparable evidence
O-1 Extraordinary Ability Visa (cont)
Temporary Visa Options – Dependent Spouses
H-4 (H-1B spouse with pending green card application) E-2 dependent
E-3 dependent
L-2
J-2 (may require waiver)Employment Authorization Document
(EAD)
Green Card Options
Employer’s application for specific physician
Employer must show no available and qualified U.S. citizen or permanent resident physician through local recruitment
Employer must show ability to pay prevailing wage
Employee must be qualified at the time of filing of labor certification
H-1B alternative: not a good option for doctors from India or China because of long delays (5 years or more)
EB-2 PERM Labor certification
General – applies to any profession if work is in national interest (physician researchers)
Physician – 5 years medical care in HPSA or MUA – specialties accepted
Self-sponsored and self-employment possible – job offer not required
Employment authorization document available while application is processing, for most applicants
H-1B alternative: not a good option for doctors from India or China because of long delays (5 years or more)
EB-2 National Interest Waiver
Must show sustained national or international acclaim in applicant’s field of endeavor
Overall evidence must show applicant has “risen to the top of the field”
Must show prospective contribution to the United States
Can be self-sponsored but must show prospective employment in the U.S
EB-1A Extraordinary Ability
Great option for Indian doctors, if qualified
TIMELINEImmigrant Visa Number must be available. There are long visa backlog delays – EB-2 doctors from India or China
Employment authorization available within 4 to 8 months while waiting for approval (in most cases )
Permanent Residence (green card) within 1.5 to 3 years for most (subject to fluctuation)
• Facts of each case are different.
• Other options may be available depending upon employment circumstances.
• The information provided here is general in nature and should not be relied upon for specific situations and is not legal advice.
• Consult with an experienced immigration attorney to get the right advice and direction.
QUESTIONS?
THE IMMIGRATION PRESCRIPTION
Step by step, this book will show you how international medical graduates can legally practice medicine in the United States. You will learn:
The various ways to waive the two- year foreign residency requirement for the J-1 visas
The best paths to permanent residence (green card) and citizenship
Your responsibilities as a legal immigrant
How to get and maintain legal immigration status for family members
And more…!
For your copy and immigration updates, visit
www.physicianimmigration.com
FOR FURTHER INFORMATION
Ann Massey Badmus901 Main Street
Suite 3900Dallas, Texas 75202
214-672-2161