Immigration Lawyers

Foreign Medical Doctors

 

 

The Oh Law Firm and its Lawyers are not responsible for reliance by the reader on this information as each individual situation may be unique and different. The readers are advised to seek legal counsel from a qualified immigration attorney. The information stated here is subject to change.

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FMG

S.1259 Rural and Urban Healthcare Act of 2001 bill: S.1259 Rural and Urban Healthcare Act of 2001? Introduced 7/27/01 and sent to Jud. committee. Mostly about nurses, but increases State 20 waivers from 20 to 40 plus a portion of the unused waivers, and removes the June 2002 termination date. Monitor this legislative bill.

Physician NIW Regulation 09/06/00

INS Physician NIW Memorandum

INS Summary of Physician NIW

HHS Designation of Health Professional Shortage Areas:Lists of Designated Primary Medical Care, Mental Health, and Dental Health Professional Shortage Areas;Pages 56027-56076: Pages 56077-56126: Pages 56127-56176: Pages 56177-56186

HPSA Database

IGA Contact

Conrad Contact

USDA J-1 Waiver Website

USDA HPSA List (01/02)

VA O-1 Waiver Handbook

VA FMG Program and Regulation

Educational Commission for Foreign Medical Graduates(ECFMG)

Minnesota J-1 Waiver Program Administrator

RUPRI J-1 Waiver Program Review Report

CSA-Notes

State Conrad Websites

Alabama	Alaska	Arizona	Arkansas	Colorado
Connecticut	Delaware	Florida	Georgia	Guam
Hawaii	Illinois	Indiana	Iowa	Kansas
Kentucky	Louisiana	Maine	Maryland	Massach
Michigan	Minnesota	Mississippi	Missouri	Montana
Nebraska	Nevada	New Hampshir	New Jersey	New Mexico
New York	N. Carolina	N. Dakota	Ohio	Oklahoma
Oregon	Pennsylvania	Rhode Island	S. Carolina	S. Dakota
Tennessee	Texas	Utah	Vermont	Virginia
Washington	W. Virginia	Wisconsin	Wyoming	Idaho
California	D.C.

DOS Waiver Board
Rural Recruitment and Retention Network (3R Net): 800-787-2512, info@3rnet.org

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NURSES

Proposed Streamlining Regulation

H-1C DOL Regulation 08/22/00

LPR Nurse Regulation (1st) 10/14/98

CGFNS

State by State Nursing Boards

AHLA

NCLEX-RN

VisaScreen Regulation, 8 CFR 212.5

http://www.cgfns.org/cgfns.downloads/VisaScreen Application.pdf

www.rn.com

www.rnnow.com/state-nursing-boards.htm

 

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ALLINED HEALTH CARE WORKERS

(Medical Technologists, Occupational Therapists, Pharmacists, Physical Therapists, Speech Pathologists)

Proposed Streamlining Regulation

LPR Therapists Regulation (2nd) 04/30/99

LPR Therapists Regulation (3rd) 01/16/01

American Dental Association

Commission on Dietetic Registration

American Society for Nutritional Sciences

National Board for Certification in Occupational Therapy

National Association of Boards of Pharmacy (NABP)

Federation of State Boards of Physical Therapy

Association of State and Provincial Psychology Boards (ASPPB)

National Council for Therapeutic Recreation Certification

American Veterinary Medical Association

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Temporary Link: 245(i) Bill (House)

 

 

Posted 02/26/02:

R 200053Z FEB 02
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
POUCH
AMEMBASSY BELGRADE
POUCH DUSHANBE
POUCH KABUL

UNCLAS STATE 032247

 

VISAS -- INFORM CONSULS

E.O. 12958: N/A
TAGS: CVIS
SUBJECT: REVISED ECFMG REQUIREMENTS FOR FOREIGN MEDICAL GRADUATES

1. The purpose of this cable is to inform posts of current requirements necessary for foreign medical graduates wishing to enter the U.S. to take the Clinical Skills Assessment (CSA).

2. The Visa Office has been advised by the Educational Commission for Foreign Medical Graduates (ECFMG), the organization that certifies foreign medical graduates to enter U.S. residency and fellowship programs and conductor of the CSA, of a recent change in procedures. ECFMG reports that a small number of individuals who have attempted to come to the United States to take an examination which is required as part of the certification process offered by the ECFMG may have been disadvantaged as consular officers may be unaware of ECFMGs new procedures.

3. ECFMG certification is required for all graduates of international medical schools as a prerequisite for entry into accredited advanced medical training programs in the United States. In addition to verification of their medical education, applicants must pass four different examinations. These are the United States Medical Licensure Examination (USMLE) Step 1 and Step 2, the Test of English as a Foreign Language (TOEFL) and the Clinical Skills Assessment.

4. The CSA is offered only in Philadelphia; therefore candidates must travel to the U.S. in order to take the examination. Formerly, ECFMG had required that applicants pass both the USMLE Step 1 and Step 2 examinations as well as the TOEFL examination before they were eligible to take CSA. However, those prerequisites were adjusted approximately two years ago. Currently, ECFMG requires that candidates must have passed USMLE Step 1 (or its
equivalent) and the TOEFL (or equivalent) prior to taking CSA. Candidates no longer must pass USMLE Step 2 prior to taking the CSA exam.

5. ECFMG reports having received reports from a small number of applicants who claimed that they had been denied travel visas to come to the U.S. to take CSA because they had not passed USMLE Step 2. Obviously, whether this was the actual basis of their denial or not would be known only by the consular officer. However if that were the case it would not be consistent with current ECFMG policym and requirements.

 

Posted 03/22/00: Waiver Application Procedure Change

 

PROCEDURES FOR WAIVER APPLICATIONS

There are four steps to processing a waiver review application.

STEP 1. To apply for a recommendation for a waiver of the two-year home residence requirement under any of the above bases, applicants must complete a Data Sheet (available via the Internet at http://travel.state.gov ) and send the completed Data Sheet, and two self-addressed, stamped, legal-size envelopes (S.A.S.E) and a check or money order for $136 U.S. dollars per application, payable to the U.S. Department of State to:

Postal Service
US Department of State/Waiver
Review Division
P. 0. Box 952137
St. Louis, MO 63195-2137

Courier Service
US Department of State/Waiver
Review Division (Box 952137)
1005 Convention Plaza
St. Louis, MO 63101-1200

Please Note:

 

 

Please write on the check or money order the applicant's full name, date of birth and Social Security Number, if any.
Remittances must be drawn on a bank or other institution located in the U.S. and made payable in U.S. currency to the U.S. Department of State.
If the applicant resides outside the United States at the time of application, remittance may be made by bank international money order of foreign draft drawn on an institution in the U.S. and made payable to the U.S. Department of State in U.S. currency.
STEP 2. Once the Waiver Review Division has received your Data Sheet, they will use your self-addressed, stamped, legal-size envelope, to send you a case number and instruction sheet on how to proceed with your application under the basis you designated on your Data Sheet. This information will include a list of documents that you must submit to complete your waiver review application. After you have received your case number, you must write the full case number on any documentation you submit as well as on the outside envelope of all future correspondence with this office. If you do not write the case number on all correspondence and on the outside of the envelope, the documents you submit will be returned to you.

STEP 3. It is your responsibility to submit all requested documents and required letters sent on your behalf. Once we have sent you the checklist of items necessary to complete the review of your application (Step 2 above), the Waiver Review Office will NOT follow up on documents that have not been received. Rather, it will be your responsibility to ensure that your file is complete. You may check on the status of your application ONLY by telephoning (202) 663-1600. You must have your full case number in order to obtain the status of your case through this telephone number.

We recommend that you submit all the requested documents at the same time. Some letters (such as a "No Objection" statement from your government) must be submitted directly to the Waiver Review Division by the Embassy. In that case, you, as the applicant, must request that the Embassy write your full case number on the "No Objection" statement and also on the outside of the envelope to be sent to the Waiver Review Division. You may, if the third party agrees, have all of your documents forwarded to the Waiver Review Division through the third party. Please note, however, that ALL documents sent to the Waiver Review Division must have your file number clearly visible on it, and on the outside of the envelope or they will be returned to you.

STEP 4: At the conclusion of the review process, the Waiver Review Division will forward its recommendation directly to the Immigration and Naturalization Service and you will receive a copy of that recommendation at the address listed on your data sheet. If your application is denied, you will be notified directly.

 

 

Posted 10/21/99: Summary of INS Memo of 10/4/1999 on Waivers

 

TEMS/CONDITIONS OF WAIVER:

(1) Must submit a no objection statement from the government of his/her country of nationality of last residence abroad unless the FMG has no obligation to return to his/her country upon completion of the graduate medical resarch or training.

(2) Must practice medicine at the health care facility named in the waiver application for at least 3 years and only in HHS-designated shortage areas. Two exeptions are: (a) If the VA reequests the waiver, the FMG must practice with the VA for at least 3 years, but does not need to do so in an HHS-designated shortage area; (b) If an interested Federal agency requests the waiver for medical research/training, the FMG may fullfill the obligation by working for the agency for at least 3 years in that capacity rather than by practicing medicine in an HHS-designated shortage area.

(3) FMG must fulfill the 3 year obligation as an H-1B.

(4) FMG must agree to start employment within 90 days of receipt of waiver approval.

** FMG who does not fulfill the 3-year obligation for the health care facility named in the waiver application becomes subject once again to the two-year foreign residence requirement, unless the Attorney General finds that early termination of the employment contract was because of extenuating circumstances, such as closure of the facility or hardship to the FMG. The FMG will, however, be required to serve the balance of the 3-year period with another qualifying health care facility or other employer.

** The maximum number of waivers that may be granted at the request of each State is limited 20 during each fiscal year. There is no limit for the number of waivers that may be granted to FMGs under the Federal program!

**FMG who obtains a waiver may not obtain permanent residence until the FMG has satisfied the service obligation that the FMG agreed to accept.

FMG WHO AGAIN BECOME SUBJECT TO 2-YEAR FOREIGN RESIDENCE REQUIREMENT

FMG who obtains a waiver may not obtain permanent residence until the FMG has completed his/her service obligation. A waiver is void if the FMG does not complete this requirement. An FMG who does not practice medicine for 3 years for the health care facility named in the waiver application again becomes subject to the 2-year residence requirement. The FMG, however, may request the Attorney General(INS) to excuse early termination of employment with the health care facility named in the waiver application for extenuating circumstances which can include hardship or closure of the health care facility. As part of the request, the FMG must submit an employment contract with another VA facility for the balance of the 3 years. The FMG also becomes subject to the 2-year foreign residence requirement once again if at any time during the 3-year period following approval of the waiver, his/her employment ceases to benefit the public interest.

FMG CHANGES OF STATUS FROM J-1 TO H-1B

FMG who was granted waiver under the State or Federal programs is allowed to apply for change of NIV status from J-1 to H-1B.

 

For other details, please direct your inquiry to Kevin J. Cummings of INS/HQ at (202)514-4754.

 

Posted 10/21/99: H.R. 2670 Restoration of National Interest Waivers

This legislation is about to pass the Congress. The following is summary of the bill:

The National Interest Waiver provision of the current Immigration & Nationality will be amended as follows:

I. The Attorney General(INS) shall grant a NIW on behalf of FMG if (a) the FMG agrees to work full time as a physican in an areas or areas designated by the HHS as having a shortage of health care professionals or at a health care facility of VA. (b) A Federal agency or a State's public health department has previously determined that the FMG's work in such an area or at such facilty was in the public interest.

 

II. No IV visa nor 485 may be granted to FMG until such time as the FMG has worked full time as a physician for an aggregatre of 5 years (not including the time served in the status of a J-1 alien) in an area or areas designated by the HHS as having a shortage of health care professionals or at a VA health care facility.

 

IV. In the case of a FMG for whom a waiver was filed prior to 11-1-1998, the Attorney General(INS) shall grant a NIW waiver from the foreign residence requirement, except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the J-1 status) before a IV or 485 is granted.

 

For foreign medical doctors, this legislation will practically completely override the NYSDOT decision and standards!!! Congratulations to the FMGs.