1 / 48

Immigration Opportunities for Clinical Doctors

Immigration Opportunities for Clinical Doctors. H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17 th Floor 317 Madison Ave., Suite 1518 Philadelphia, PA 19103 New York, NY 10017

oterry
Télécharger la présentation

Immigration Opportunities for Clinical Doctors

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Immigration Opportunitiesfor Clinical Doctors H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17th Floor 317 Madison Ave., Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840rklasko@klaskolaw.comwww.klaskolaw.com

  2. H. Ronald Klasko, Esq. • Ron Klaskohas been providing immigration assistance and solutions to leading universities, hospitals, and research institutions for over 25 years.  Ron is a past National President of the American Immigration Lawyers Association.  He has been a member of the AILA Board of Governors since 1980. • His firm, which is the first immigration law firm global partner of NAFSA: Association of International Educators, is authorized counsel for the University of Texas system.  The firm has been selected as one of six top tier immigration firms in the United States for three consecutive years by the prestigious Chambers Global: The World's Leading Lawyers for Business (Chambers and Partners).  This publication noted the firm as the “strongest in the country” when it comes to representing clients in the university research and medical sectors and recognized Ron as “a leading national practitioner who really does it all” who is “literally on the cutting edge” when it comes to immigration policy and legislative issues. • Ron has been selected as one of twelve top tier immigration lawyers in the US by The Chambers Global Guide.  He is selected annually for inclusion in Best Lawyers in America.  The International Who’s Who of Business Lawyers 2007 and 2008 editions selected Ron as the “most highly regarded” immigration lawyer in the world.  • Ron is a frequent author and lecturer on hospital and university-related immigration law topics and is a former Adjunct Professor of Immigration Law at Villanova University Law School.  Ron is a graduate of the University of Pennsylvania School of Law.

  3. H-1B Visas • Basic requirements • Job Offer • Prevailing Wage • USMLE 1,2 and 3 • License • Procedure and processing times • Specialty occupation issues • Part-time or full-time • Length of approval • Extensions • Portability • Spouses • Travel

  4. H-1B Quota • What is it, and what does it mean? • 65,000 visas • Separate quota for US-educated advanced degree holders • 20,000 visas • Separate options for Canada, Mexico, Australia, Chile and Singapore • TN-1, E-3, H-1B1 • Prospects for change • Timing • April 1 filing date • October 1 start date

  5. Quota-Exempt Employment • Who is not subject to the quota? • Universities • Nonprofit institutions affiliated with universities • Employed “at” university • Nonprofit or government research organization • Concurrent employment • Previous H-1B

  6. H-1B Visas • Length of approval and extensions • 3 year initial approval and 3 year extension • 6 year maximum – any combination of employers • Extensions beyond 6 years • Recapture time out of U.S. • 1 year extension if file labor certification application or immigrant petition one year before expiration • 3 year extension if immigrant petition approved and quota backlog

  7. Avoiding Need for J-1 Waiver (cont’d) • Medical Doctors • No 2 year return requirement if: • Not medical education or training • Observation, consultation, teaching or research with incidental patient care under direct supervision of U.S. doctor • ECFMG research fellowship

  8. Visa Options Without Needing Waiver • Anything other than H or L visa or change of status • O-1, TN-1 (non-clinical), E-3 ok • Canadian doctor H-1B visa-exempt entry ok? • Change of status from F-1 (or other) to H-1B ok • Labor certification and I-140 can be approved • DS230 can be filed • I-485 cannot be filed (except clinical NIW)

  9. Fulfilling Two-Year Return Requirement • Return to country of nationality or last residence? • Can fulfill sequentially

  10. Interested Government Agency Waivers • General • Choosing between research track and clinical track • Research track • Usually through HHS • Peer review process – unlike CIS filings • Do not need 3 years in H-1B?

  11. HHS Waivers • Key Issues • Importance of research program • Does not have to be NIH funded • Essentiality and uniqueness of foreign national • Recruitment (unavailability of U.S. researchers) • Future of program and future of foreign national • Bench research (at least 30 hours per week) vs. clinical research • Excellence of foreign national’s research

  12. HHS Waivers (cont’d) • Other Issues • Involvement of NIH scientists familiar with the research • Reconsideration of denials • Impact of Fulbright funding • Timing

  13. Other Medical Research Waivers • Usually limited to agency contracts, grants or research programs • Examples include DOD, NASA, DOE and DOI

  14. Obtaining a J-1 Waiver • Clinical Track • Choosing state vs. federal agency • Choosing between states • Cannot file more than one • HPSA or MUA or FLEX 10 or V.A. • Must be 3 years in H-1B • “Extraordinary circumstances” to change employers

  15. Obtaining a J-1 Waiver (cont’d) • Timing issues • Vary by state • Vary by federal agency • 3 steps • When to start • Options if J-1 expiring • O-1 • J-1 extension? • Leave U.S.

  16. Conrad 30 Waivers • Must be HPSA or MUA • Except FLEX 10 • Agree to begin employment within 90 days of receiving waiver • Can delay if still in training program • Can expedite by filing H-1B before CIS approves waiver

  17. Conrad 30 Waivers (cont’d) • Differences between states • Timing • Recruitment required • When/how choose 30? • Primary care? Speciality? Subspecialty? • Use of FLEX 10

  18. Federal Government Agency Waivers • Issues in common • 40 hours in HPSA or MUA • Except VA • Primary care • General practice, family practice, internal medicine, psychiatry, pediatrics, OBGYN • Except VA and DRA

  19. Federal Government Agency Waivers • Recruitment • Facility must provide medical care to Medicaid/Medicare-eligible and indigent uninsured patients • No non-compete clauses (cont’d)

  20. Federal Government Agency Waivers • V.A. Waivers • 3 levels of approvals • National and internal recruitment • At least 5/8 appointment • O-1 must wait 2 years (cont’d)

  21. Permanent Resident Status Issues • Employer-sponsored, family-sponsored or self-sponsored • Quotas/timing issues • Impact on visa status • Impact on family • Impact on travel

  22. Permanent Resident Status Options • Family • Investment • Asylum • Lottery • Employment

  23. Family • Spouse of U.S. citizen • No quota wait • EAD and AP within 3 months • Travel may result in loss of status unless H-1B • All other relationships • Long quota wait • No interim benefits

  24. Investment • $500,000 or $1,000,000 • Individual investment or regional center

  25. Asylum • Individualized fear of persecution • Race, religion, nationality, political opinion, social group, sexual persuasion

  26. Lottery • Only specified countries • One year window • www.travel.state.gov • Effect of application on future visa applications

  27. Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions Permanent Resident StatusEmployment

  28. Quotas Visa Bulletin (www.travel.state.gov) Per country of birth, per preference category, per fiscal year Filing date is “priority date” EB-1 (extraordinary ability, outstanding researcher) No quota wait Permanent Resident StatusEmployment(cont’d)

  29. Quotas EB-2 (national interest waiver and labor certification) National interest waiver Labor certification requiring M.D. or foreign equivalent degree No quota wait, except China and India Permanent Resident StatusEmployment(cont’d)

  30. Self-Sponsored Extraordinary ability EB-1 Standard National or international reputation “One of few at the top of peers” Key is defining field of expertise specifically Extensive documentation required Reference letters critical Permanent Resident StatusEmployment(cont’d)

  31. National Interest Waiver EB-2 Standard Exceptional ability or advanced degree National priority National impact Extensive documentation required Reference letters critical Permanent Resident StatusEmployment (cont’d)

  32. Employer-Sponsored Outstanding Researcher/Professor EB-1 “Permanent position” Similar to extraordinary ability Permanent Resident StatusEmployment(cont’d)

  33. O-1/EB-1 for Clinicians • General • Why more difficult than researchers • Can be done for residents? • Still need waiver for I-485

  34. O-1/EB-1 for Clinicians (cont’d) • How prove extraordinary ability as a clinician? • Rare expertise in sophisticated procedures or technologies • Complicated diagnoses missed by other specialists • Unusual success rate • Novelty of procedures • “Wow” cases • Prestige of institution

  35. O-1/EB-1 for Clinicians (cont’d) • Difficult surgical procedures • Prestigious fellowships • Significance of Board certification or “Diplomate” • Judge of medical students, residents, or nurses • Grand round presentations • High salary

  36. Permanent Resident StatusEmployment(cont’d) • Evaluating eligibility based on research • 1st listed author publications • Impact factor? • Citations • Presentations • 1st listed abstracts • Book chapters • Honors and awards • Manuscripts reviewer • Importance/narrowness of field of expertise • Referees

  37. Permanent Resident StatusEmployment(cont’d) • Choosing Referees • How many? • Good C.V.’s • Prestigious institutions • Geographical diversity • One per institution • Impartiality

  38. Permanent Resident StatusEmployment(cont’d) • Other Factors • Not a peer review process • Importance of job title? • Importance of employer sponsorship? • File now, or wait?

  39. Clinical National Interest Waivers • Credentialing examination required except graduates of US medical school or non-clinical medical practice • Available for physicians working full time in HPSA or MUA or for a VA facility for a minimum of five years • Can switch locations • Can count time before filing, but not J time before H-1B • Can be specialist

  40. Clinical National Interest Waivers (cont’d) • Physicians can apply for permanent residence (when EB-2 available) before completing five years, but cannot be approved until completion • Requires letter from state or federal agency attesting that the physician’s work furthers the public interest

  41. Special Handling Labor Certification (PERM) • Employer-sponsored • Must be “some classroom teaching” • Nationwide competitive recruitment • At least one print ad • “Selected” within last 18 months • EB-2

  42. Special Handling Labor Certification (PERM) (cont’d) • Can apply to attendings and other clinicians if “some classroom teaching” • Can be very small percentage • Can be teaching of residents in a classroom • Choice if selection more than 18 months ago • “Reselection” • One national print ad • Regular recruitment • Most qualified standard still applies

  43. Timing Electronic filing 10 months? Possibility of audit First of three steps Importance of filing before end of 5th year in H-1B status Permanent Resident StatusEmployment(cont’d)

  44. I-140 Petition 1st step for EB-1 and national interest waiver 2nd step for PERM Employee documents education and experience If adjustment of status, file concurrently with I-485 if quota current If consular immigrant visa processing, approval sent to National Visa Center Permanent Resident StatusEmployment(cont’d)

  45. I-485 (Application for Adjustment of Status to Permanent Resident) Cannot file until quota is current Importance of filing Do not need to maintain visa status Can file for spouse and child Can get Employment Authorization Document (EAD) Permanent Resident StatusEmployment(cont’d)

  46. Can get advance parole travel document Eliminate need to obtain visas Can still maintain and extend H-1B status Can leave employer if I-140 approved I-485 pending 180 days Similar occupation Permanent resident upon approval Timing and delay issues Permanent Resident StatusEmployment(cont’d)

  47. Questions ?

  48. For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP rklasko@klaskolaw.com 215-825-8600 (Philadelphia) 212-796-8840 (New York) www.klaskolaw.com

More Related