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http://www.shusterman.com This presentation discusses how international clinicians can get visa train in the US. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.htmlHe discusses the visa options for foreign-trained doctors who wish to practice medicine in the US. 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.These days, over 80% of IMGs and Canadian physicians use J visas to do their medical residencies and fellowships. This is because many training programs do not sponsor physicians for H-1B visas. Also, since H-1B residents/fellows are limited to 6 years of training, getting a J visa is often a more practical alternative.Our law firm has helped thousands of International Medical Graduates (IMGs) obtain J and H-1B visas as well as J waivers and permanent residence in the US over the past 30 years.See our Physicians Immigration Guide at http://shusterman.com/physiciansusimmigration.html
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International Clinicians/IMGsKeys to Immigration
Presented by: Immigration Attorney Carl Shusterman toAMN Workforce Summit November 7-8, 2013
Courtesy of the Law Offices of Carl Shusterman
Internationally Born Medical Graduates
An Essential Resource:
IMGs make up 25% of the physician workforce (includes US IMGs)
Are most represented inNephrology 45%Internal Medicine 37%Psychiatry 32%Oncology 30%Pulmonology 30%Anesthesiology 28%Pediatrics 28%Gastroenterology 28%
Source: AMA Physician Master File
Courtesy of the Law Offices of Carl Shusterman
IMGs by Country (Top Ten)
Country Percent TotalIndia 20% 47,581Philippines 8.7% 20,861Mexico 5.8% 19,929Pakistan 4.8% 11,330Dominican Republic 3.3% 7,892Former USSR 2.5% 6,039Grenada 2.4% 5,708Egypt 2.2% 5,202South Korea 2.1% 4,982Italy 2.1% 4,978
Source: AMA Physician Master File
IMGs in U.S. come from 127 countries
Courtesy of the Law Offices of Carl Shusterman
IMGs Heaviest Concentration by State as a Percent of All Active Physicians
1. New Jersey 39%2. New York 38%3. Florida 35%4. Illinois 33%15. Texas 25%All United States
25%
Source: AMA Physician Master File
Courtesy of the Law Offices of Carl Shusterman
IMGs: Number of Potential Candidates Coming Out of Residencies
Total graduating residents per year: 25,000Number of IMGs: approximately 7,000
Courtesy of the Law Offices of Carl Shusterman
Visa Options For Residents & Fellows
J Status (training visa)H-1B Status (employment
visa)Permanent Residence and
Other Options
Courtesy of the Law Offices of Carl Shusterman
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
Courtesy of the Law Offices of Carl Shusterman
How to Obtain a J Waiver
PersecutionExceptional Hardship
To USC/LPR SpouseTo USC/LPR Child (under 21 & unmarried)
Interested Governmental Agency (IGA)
Courtesy of the Law Offices of Carl Shusterman
J Waivers: Interested Governmental Agencies
Federal AgenciesARCVAHHSDRA
Conrad State Programs
Courtesy of the Law Offices of Carl Shusterman
Conrad 30
Primary care and/or specialistsAll 50 states participateSome have 10 “flex” spots – the physician
does not have to practice in an underserved area, as long as he/she sees patients from underserved areas
Some states run out of spots, some do notCheck with Mr. Shusterman’s office
Courtesy of the Law Offices of Carl Shusterman
Medical Residency/Fellowshipon H-1B Status
Passage of USMLE, Parts I, II & IIIAcceptance to Residency ProgramH-1B Petition
Courtesy of the Law Offices of Carl Shusterman
H+1B Visa
No 2-year rule; doctor does not have to practice in an underserved area
Courtesy of the Law Offices of Carl Shusterman
But there is a cap!
85,000 H+1Bs per yearApril 1st is filing datePhysicians who receive J waivers are
exempt from capSo are doctors who work at academic
institutions, government or non-profit research institutes
Courtesy of the Law Offices of Carl Shusterman
Permanent ResidenceEmployment Options
PERMNational Interest
Waiver The Law (1999) The Regulations (2000) The Lawsuit (2005)
Courtesy of the Law Offices of Carl Shusterman
What about Canadian Physicians?
They are not considered IMGsLMCC accepted in almost all states for
licensureCan qualify for H-1B if they have a U.S. exam
(USMLE, FLEX, NBME)But don’t need a U.S. exam for a green card
Courtesy of the Law Offices of Carl Shusterman
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
ruleWould make it easier for H-1B MDs to change
jobsWould eliminate per-country quotasWould provide a faster route for green cards
to physicians and their families
Courtesy of the Law Offices of Carl Shusterman
We Link to Governmental Sites Conrad 30 Programs HPSA/MUA List ECFMG/USMLE Job Opportunities
Finding IMG Resources Onlinehttp://shusterman.com
Courtesy of the Law Offices of Carl Shusterman
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