Here are five essential insights from Berardi attorney Andrea Godfread-Brown relative to physician immigration for recruiters and hospitals.
Understanding Visa Statuses of IMGs
It’s crucial to know if an International Medical Graduate (IMG) holds H-1B or J-1 visa status. J-1 status necessitates a two-year return to the home country, impacting the transition to H-1B status or Permanent Residency. The H-1B has a six-year limit, often partially consumed during residency or fellowship. This makes timing pivotal in recruitment.
Navigating the J-1 Home Residency Requirement
For IMGs in J-1 status, a waiver of the home residency requirement is necessary before eligibility for H-1B visa or employment. Early engagement with an immigration attorney is essential for navigating this process efficiently and securing your desired candidate.
Waiver Requirements and Contractual Nuances
Waiver programs, such as Conrad 30 State waivers and federal initiatives, have specific employment contract terms. Prohibited and mandatory provisions vary, so consult an immigration attorney early to understand the best waiver program for your needs.
Employer Location in MUA or HPSA
To qualify for most J-1 waiver processes, the employer’s site must be in a Medically Underserved Area (MUA) or Health Professional Shortage Area (HPSA). Verify this via HRSA’s Find Shortage Areas service.
Alternative Options for J-1 Physicians Without Waivers
If a J-1 physician can’t obtain a waiver, consider the O-1 visa, reserved for individuals of extraordinary ability. An immigration attorney should review the physician’s CV to determine eligibility, providing an interim solution while pursuing a waiver.
Remember, strategic planning and legal expertise are key in navigating physician immigration effectively. Contact Berardi Immigration Law for more info.
