Physicians & Healthcare Workers
We routinely handle a wide-range of employment-based immigration matters for hospitals and other health care facilities, psychiatric care facilities, and physician practice groups, including H-1B and O-1 petitions (from the initial change of status to the extension and for change of employer petitions); Schedule A permanent residency petitions for registered nurses and physical therapists; permanent residency through the Department of Labor’s PERM labor certification process, and based on Extraordinary Ability; and National Interest Waivers for physicians practicing in either medically underserved areas or health professional shortage areas.
Since the inception of the Conrad 30 Amendment permitting waiver of the two-year home residency requirements for J-1 foreign physicians (who practice in medically underserved or health professional shortage areas), our legal team has filed countless applications seeking waiver of the two (2) year home residency requirement. Additionally, we have prepared and filed a number of waiver applications under the provision allowing a portion of the thirty waivers available annually to be granted to doctors not practicing in designated medically underserved areas as long as they are serving patients who reside in shortage areas (“flex” waivers) and the expansion of the program beyond primary care physicians (as long as there is a demonstrated shortage of physicians able to provide their medical specialty in that area).
We work closely with clients in ensuring that all local and federal obligations with respect to J-1 waiver under the Conrad program are fully compliant, including the requisite employment contract and all other aspects and stipulations of the program. One of the challenges of J-1 waiver filings is managing the timeline and employee expectations given the multiple state and federal agencies that are involved, particularly in the Conrad program. We successfully manage this aggressive timeline and work closely with state and federal agencies to ensure the physician’s continuous employment and immigration status.