Post-Residency Options for International Medical Graduates H. Ronald Klasko, Esq. K lasko, R ulon, S...

Post-Residency Options Post-Residency Options forfor International Medical International Medical

GraduatesGraduates

H. Ronald Klasko, Esq.Klasko, Rulon, Stock & Seltzer, LLP

1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518Philadelphia, PA 19103 New York, NY 10017215.825.8600 [email protected] www.klaskolaw.com

Klasko, Rulon, Stock & Seltzer, LLP

H. Ronald Klasko, Esq.

H. Ronald Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP. Ron and his firm were chosen by clients and peers as one of the top six immigration firms in the country and “the strongest in the country in representing clients in the university research and medical sectors.”

He is a former National President of the American Immigration Lawyers Association. He has been a featured invited speaker for the American Association of Medical Colleges (AAMC) and the Educational Commission for Foreign Medical Graduates (ECFMG). He has been Adjunct Professor of Immigration Law at Villanova University Law School and is a frequent author and lecturer on immigration law issues related to academic healthcare institutions.

Mr. Klasko is selected annually for inclusion in Best Lawyers in America. Mr. Klasko is the founder and co-chair of NAFSA’s Healthcare Interest Group. His practice emphasizes representation of universities, hospitals and research institutions and their students, scholars, staff and employees.


Post-Residency Options for International Medical Graduates

Agenda

■ I am on a J-1 completing my residency at Hahnemann. What do I need to think about relating to immigration?

■ I am on an H-1B completing my residency at Hahnemann. What do I need to think about relating to immigration?

■ How can I get green card, and when can I start the process?


Getting a waiver of two year return requirement Hardship waiver Persecution waiver Interested government agency waiver based

on researchUsually HHS or NSF

I am on a J-1 completing my residency at Hahnemann. What do I need to think about relating to immigration?


Interested government agency waiver based on clinical service

Health professional shortage area or medically underserved area

Flex 5 State (Conrad) 30 waiver VA waiver Other government agency waiver

ARC, DRA, HHS

Timing and steps of waiver process



What happens if you get waiver? All options available unless clinical waiver If clinical waiver, must be H-1B for 3 years for

shortage area employer Spouse can’t work unless separate H-1B employer

What happens if you can’t get waiver? O-1 visa Return home



Do I qualify for O-1 visa You need to prove “extraordinary ability”

“one of a few at the top of your peers”National or international acclaim and recognitionClinical, research or both

Employment must sponsor Reference letters critical Spouse can’t work 3 year approval and unlimited one year extensions



Can never apply for permanent residence unlessWaiverAggregate of 2 years in country of nationality or last

residence Cannot satisfy requirement in a different country



Finding an employer Will the employer sponsor you for H-1B?

Issues for employer Paying prevailing wage Government filing fees Attorneys fees Other requirements

I am on an H-1B completing my residency at Hahnemann. What do I need to think about relating to immigration?


Getting a license Required at time of filing H-1B

Timing and Procedure Labor Condition Application

(approximately 7 days) H-1B petition

15 days or less with premium processing2 to 4 months with regular processing



When can you start working? October 1 if you are subject to H-1B quota Immediately if not subject to H-1B quota

(portability) What is H-1B quota?

When will quota be used up? What happens when quota is used up?



Who is not subject to H-1B quota?Already counted against quotaEmployer is quota exempt

University Nonprofit affiliated with university Nonprofit or government research organization Concurrent H-1B

What if there’s a gap between the end of the Hahnemann H-1B and the start of a new employer H-1B?



How long can you stay on H-1B? 6 years Can add all days outside the U.S. Can extend beyond 6 years if start the green card

process one year before the end of the 6 yearsExtension possible even if change of employer

New 6 years if leave U.S. for one year.



If two H-1B spouses, both spouses need to start green card process in order to get both H-1B extensions after 6 years

Are there any other options? O-1 visa EAD through permanent residence application J-1 Visa



You can sponsor yourself, if Extraordinary ability (same standard as O-1) Research-based national interest waiver

Exceptional abilityNational impact

How can I get green card, and when can I start the process?


Investment$500,000 or $1,000.000Own business or regional center

Asylum Lottery (www.travel.state.gov)



Family sponsorship U.S. citizen spouse

Can get EAD in 2 to 3 months Other family relationship

Many year quota backlog



Employer sponsorship Clinical national interest waiver

Shortage area5 years commitmentCan get EAD quickly if not born in India or

China



Labor certification applicationEmployer must engage in recruitment (4 to 6

months)Prevailing wage (approximately 2 months)No U.S. worker availableEmployer must pay attorney fees and

advertising costsTiming and procedure



When should your employer start processing?As soon as possibleNo later than beginning of year 4 of H-1BCan be prospective job offer

But you must meet requirements at time of filing

Can start before J-1 waiver



When can you and your spouse get an EAD and a travel document?

2 to 3 months after labor certification approved and I-485 filed if not born in India or China

Many years later if born in India or China When can you leave the employer?

When I-140 is approved and I-485 pending 180 days



Can file I-140 and I-485 concurrently if not born in India or China

Must be employed in “similar occupation” Wage, location, hours per week irrelevant

Many years later if born in India or China



Questions ?


For Further Information

H. Ronald Klasko, Esq.

Klasko, Rulon, Stock & Seltzer, LLP1800 John F. Kennedy Blvd., Suite 1700

Philadelphia, PA 19103

[email protected]

215-825-8600

www.klaskolaw.com

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