Immigration for IMGsA Step by Step Guide

Immigration Attorney Carl ShustermanLos Angeles, CA

Courtesy of the Law Offices of Carl Shusterman

Visa Options For Residents & Fellows

J StatusH-1B StatusPermanent Residence

and Other Options

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Medical Residency/Fellowship on J-1 Status

Passage of USMLE, Parts I and II

Acceptance to ProgramForm DS-2019Apply for Change of

Status in US or for J Visa Abroad

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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

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Medical Residency/Fellowshipon H-1B Status

Passage of USMLE, Parts I, II & IIIAcceptance to Residency ProgramH-1B Petition

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How to Obtain a J Waiver

PersecutionExceptional Hardship

To USC/LPR SpouseTo USC/LPR Child (under 21 & unmarried)

Interested Governmental Agency (IGA)

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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

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J Waivers: Interested Governmental Agencies

Federal AgenciesARC

VA

HHS

DRA

Conrad State Programs

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Procedure For Clinical IGA Waivers

Job Offer in HPSA/MUA/MUP/VARecommendation From IGAState Department

Check Status Online

Approval From USCIS Change of Status to H-1B

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J Waiver Requirements

Work as H-1B for 3 Yrs in HPSA/MUA/MUP/VA

Change of Employment

When to Apply for

Permanent Residence

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Extraordinary Ability (O-1) Status

Extraordinary Ability Petition must include:

Written contract Major prize/award or Meet 3 of 8 factors

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Permanent ResidenceEmployment Options

PERMNational Interest

Waiver The Law (1999) The Regulations (2000) The Lawsuit (2005)

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Obtaining Permanent Residence Through PERM

PERM Visa Petition (I-140)Application for

Adjustment Of Status (I-485)Concurrent FilingConsular Processing

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Obtaining Permanent Residence Through National Interest Waiver

Submit I-140 to USCIS 5-year CommitmentChange of EmploymentSubmit I-485 to USCISConcurrent Filing Work/Travel Permits for

MD/Spouse/Children

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Permanent ResidenceOther Options

Through EB-5 InvestmentThrough Family Categories

Through Spouse Through Parents Through Siblings Through Adult Children

Through Visa LotteryThrough Spouse’s Job

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Immigration Reform Bill in Congress

Would make the Conrad 30 program permanentWould 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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