Immigration and Federal Government Updates: How Do These Changes Impact International Medical Graduates and Graduate Medical Programs
Presented by Rose Mary Valencia Director, Visa and Immigration Services Administration The University of Texas M.D. Anderson Cancer Center ryvalenc@mdanderson.org 713/794-5107
Immigration Status for U.S. Graduate Medical Training
A with valid EAD Asylum with EAD E-1 or 2 with valid EAD E-3 E3D with valid EAD F-1 OPT with valid EAD H-1B Clinical J-1 Alien Physician J-2 with valid EAD K-1, 2, 3, & 4 with EAD L-2 with valid EAD
O-1 Pending Permanent Resident with EAD Permanent Resident Refugee with EAD S with EAD T with EAD TPS with EAD V-1, 2, & 3 with EAD
Visas Which Must Be Sponsored by Graduate Medical Education Programs
E-3 for Certain Australian Nationals Who Will be Employed in a Specialty Occupation H-1B Clinical J-1 Alien Physician sponsored by ECFMG O-1Extraordinary Ability in the Sciences
F-1 OPT is not sponsored by GME but must be sponsored by academic institution where student received U.S. MD
F-1 Optional Practical Training
Restricted to 12 months max unless employed with E-Verify employer and meets new F-1 OPT regulations which could permit an additional 17 months of OPT benefit Physician was sponsored on an F-1 student visa for U.S. Medical Degree education; Physician must present a valid EAD granted by US CIS; Change of status to another visa category will be required if program cannot be completed within the period of the authorized EAD. J-1 ECFMG; H-1B Clinical; E-3; and, O-1 possible visa options Change of status must be approved & received before F-1 OPT expires.
Employer Obligations and Concerns When Sponsoring E-3 Visa
Willingness to sponsor & pay W-2 Wages Secure approved Labor Condition Attestation Comply with all Department of Labor regulations Restrict employment to job title, duties, %, & location(s) as defined on petition Processing time Application fees if physician seeks change of status in the U.S. E-3 numerical limitation of 10,500 per fiscal year
Physician’s Obligations and Concerns When Seeking E-3 Visa Sponsorship
Physician must meet all criterions to be granted E-3 visa Employment restricted to employer &employment as defined on LCA and appointment letter E-3 does not permit Dual Intent E-3 does not carry a two-year home residency obligation; If physician is already subject to the two-year home residency obligation, physician will not be eligible to change status in the U.S. Does not prohibit E-3 to be granted by U.S. Embassy or Consul abroad and US Customs and Border Protection E-3 visa does not remove two-year home residency obligation but rather places obligation on HOLD E-3 dependent(s) are eligible for EAD
E-3 Document Required
Original Labor Condition Form signed by employer; Department of State Visa application; Proof of Australian Citizenship; Job Offer Letter which contains job title, salary, begin date, description of job duties, and, professional credential requirements; License or permit to practice medicine in the State; Medical degree and evidence of equivalency; Evidence of strong ties to home country (E-3 does not permit dual intent) Evidence of any previous immigration status being lawful.
J-1 Alien Physician
Traditional visa sponsored for GME Training Sponsored by ECFMG for Qualified International Medical Graduates requiring visa sponsorship for GME training Qualified U.S. Graduates who are Internationals requiring visa sponsorship for GME training Permits full-time educational training not employment Limited to the time typically required to complete specialty or subspecialty training requirements as determined by the American Board of Medical Specialties (ABMS) not to exceed maximum stay granted is seven (7) years Carries two-year home residency requirement
J-1 ECFMG General Sponsorship Requirements
Passage of acceptable medical exams; Standard ECFMG Certificate as defined by ECFMG; Contract or an official letter of offer for a position in an approved GME or training program; Statement of Need; Evidence of sufficient financial funds; Required insurance; ECFMG fee(s); and, General visa sponsorship eligibility
Fees
Initial or Continuation Sponsorship $200.00 Administrative Fee Change of Category; Exceptional Extension of Stay; and Advisory Opinion $606.00 per request
Physician Documentation to Qualify for H-1B Clinical Visa Sponsorship
Evidence of successful passage of the Federation Licensing Examination (or an equivalent examination as determined by the Secretary of Health & Human Services or is a graduate of a United States medical school; Evidence of competency in oral and written English;
Which shall be demonstrated by the passage of the English language proficiency test given by ECFMG or USLME I, II, & III or equivalency exams; or, Is a graduate of a school of medicine accredited by a body or bodies approved for that purpose by the Secretary of Education
Evidence of license to practice in the state (institutional permit is acceptable); and, Evidence of foreign medical degree being equivalent to a U.S. medical degree (e.g. credential evaluation)
Employer Obligation to Sponsor H-1B Clinical Visa
Pay 100% prevailing wage or actual wage whichever, is the higher of the two with no discrimination to others in the same job title; Secure approved Labor Condition Form & comply with all DOL regulations; Pay all H-1B application fees; Prepared to pay reasonable transportation cost home should need arise; Maintain Public Record File; and, Prepared to comply with audits
Department of Labor Regulations
The earliest an LCA can be filed with DOL is 6 months prior to the program begin date; LCA & I-129 should include all sites physician will rotate; LCA should be posted at all sites DOL plans to implement a new portal system called iCERT for LCA & PERM; Employers or attorneys will be required to create new user accounts; iCERT timeline is scheduled between April 15 – May 15, 2009
O-1 Extraordinary Ability Update
Level of expertise indicating the person is one of the small percentage who have arisen to the very top of the field endeavor
Or O-1 Considerations: Initial petition can be done for 3 years with one year extensions – No finite period Denial rate Processing time of O-1 petition with USCIS and at U.S. Embassy/Consul Application fees (including Attorney fees) can be paid by employer or international Premium Process is possible
Must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing such evidence.
Travel Alert Updates
Visa applicants must schedule appointments on-line at www.travel.state.gov All visa applications at U.S. Embassy or Consul are subject to:
Personal interviews; Security Clearances; and, 10 print biometrics.
F, J, H, and O interviews appointments are given priority; however, appointment does not guarantee
Visa will be granted; nor that Visa will be granted on same day as interview
Rise in visa application delays due to Security
Large number of Security delays currently being experience appear to be Technology Alert List (TAL) related Internationals who have been subject to the TAL delay have been delayed by 20 days to four months. IMG’s and GME Programs should be prepared for potential delays in return to the U.S. NO EXPEDITE FOR SECURITY CLEARANCES
Reporting Change of Address
All non-U.S. Citizens must comply with the filing the appropriate AR-11 Change of Address Form to DHS within 10 business days of such address change for each non-U.S. citizen in the household who has a change of address AR-11 can now be done on-line at www.uscis.gov ECFMG encourages IMG’s on the J-1 Clinical Visa to report Change of Address in OASIS so they can report to SEVIS timely
IMG is also encouraged to file AR-11
New I-9 Delayed Until 4/3/09
A federal register notice published on February 3, 2009 delays the effective date of use of the new I-9 until April 3, 2009
Rule amends Types of documents acceptable in the I-9 identity and employment authorization verification process, and Requires all documents to be unexpired in order to be acceptable for I-9 purposes.
Employers must ensure use of correct version of Form I-9 to verify the employment eligibility of new hires.
No Match Letters/Social Security
Rule will require employers to take timely steps after receiving a “no-match” letter from the Social Security Administration (SSA) or the Department of Homeland Security (DHS). Steps to be taken will be identified in letter received from either SSA or DHS Currently, this rule is in the courts and the latest update is that the courts will not act on this matter until March, 2009 or later.
Department of Public Safety and/or Motor Vehicle Regulations
In preparation & compliance with Real ID Act, States have begun to enforce changes in eligibility of initial, renewal , or replacement Driver Licenses and/or State IDs
Valid
immigration status; Immigration status valid at least six months in the future at the time of application
E-Verify
Federal Contractor E-Verify Rule Delayed Until May 21, 2009
Rule
would require federal contractors to enroll in E-Verify States have already implemented the E-Verify System and others have proposed such legislation at State level
State E-Verify Rule
Certain
Resources
ECFMG – www.ecfmg.org Department of Labor – www.dol.gov Department of State – www.travel.state.gov Citizenship & Immigration Services – www.uscis.gov Customs & Border Protection – www.cbp.gov Immigration & Customs Enforcement – www.ice.gov I-9 – www.uscis.gov Real ID Act – www.dhs.gov No Match Letters – www.dhs.gov Social Security Administration – www.ssa.gov