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8/99 FMG News Update
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Memorandum To: True, Walsh & Miller medical clients and other interested parties From: Hilary T. Fraser, Rosanne Mayer, and Stephen Yale-Loehr Re: Physician News Update Date: August 4, 1999 The following news items may be of interest to you: 1. Physician National Interest Waiver Bill Pending in Congress 2. New York Passes Limited License Extension for Foreign Doctors 3. USIA Provides Guidance on Physician J-1 Extensions 1. Physician National Interest Waiver Bill Pending in Congress The U.S. Senate has quietly passed legislation to breathe some life back into the once popular national interest waiver category for permanent residency. Since August 1998 national interest waivers have been unavailable for doctors working in medically underserved areas because of an INS case called Matter of New York State Department of Transportation (NYSDOT). Instead, they have had to go through the burdensome and lengthy labor certification process to get a green card. The goal of the legislation would be to overturn that decision for certain medical graduates working in medically underserved areas. In late July, the Senate added a short amendment to its Commerce, State and Justice Department s appropriations bill that would exempt certain physicians from NYSDOT's onerous requirements. The language of the amendment reads as follows: "Hereafter, notwithstanding any other provision of law, the Attorney General shall grant a national interest waiver under section 203(b)(2)(B) of the Immigration and Nationality Act (8 USC 1153(b)(2)(B) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under section 203(b)(2)(A) of such Act if: (1) the alien physician seeks to work in an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Department of Veterans Affairs; and (2) a Federal agency or a State department of public health has previously determined that the alien physician's work in such an area or at such a facility was in the public interest." The bill will primarily benefit physicians who receive J-1 interested government agency waivers based on accepting commitments to work in medically underserved areas or at VA facilities. Theoretically, a physician working in a covered area who did not have a J-1 visa could qualify for a national interest waiver if a Federal agency or State health department supports the application. The next major hurdle will be for this legislation to pass the House of Representatives. It is unclear whether the House will also approve the bill. We will keep you posted.
2. New York Passes Limited License Extension for Foreign Doctors It can be difficult for international medical graduates to obtain a medical license in New York State. New York state law normally requires a person to be a U.S. citizen or permanent resident to obtain a medical license. The state has always had an exception, however: the New York State Board of Regents may grant a one-time three year waiver for a foreign physician to practice in a medically underserved part of the state. That three year exception, however, has proven to be too short for many doctors, since most foreign doctors working in medically underserved areas must be there at least three years in H-1B status before they can obtain a green card. With the backlogs in the labor certification process and INS delays in granting green cards, it can be four or more years before a doctor can obtain a green card and thus get a regular medical license. Recognizing this problem, the New York State legislature recently passed a law (S02043B) that gives the Board of Regents authority to grant a further three year extension for a foreign physician " who is completing a service obligation agreement under an approved visa waiver program." This benefits foreign doctors who are fulfilling their three-year H-1B obligations in a medically underserved part of New York. The legislation does not benefit all foreign doctors, however, such as doctors who were never in J status, Canadian doctors entering the U.S. now, and doctors doing residency programs in H-1B status. They must obtain a green card within three years after beginning work in New York. 3. USIA Provides Guidance on Physician J-1 Extensions Sally Lawrence, Chief of the USIA’s Program Designation Branch, has written a letter to the Educational Commission for Foreign Medical Graduates (ECFMG) clarifying when J-1 visas for physicians may be extended. The letter initially refers to 22 CFR 514.27(e)(3) of the USIA exchange visitor regulations, which states: "Subject to the limitations set forth above, duration of participation may, for good cause shown, be extended beyond the period of actual training or education to include the time necessary to take an examination required for certification by a specialty board." Because the H-1B cap was hit early this year, the USIA is granting ECFMG the authority to extend alien physicians, if necessary, beyond the seven year limit of the law if the doctor’s sole purpose for remaining in the U.S. is to sit for a specialty/subspecialty certification examination offered by a member board of the American Board of Medical Specialties. ECFMG is authorized to sponsor alien physicians through the last day of the month in which the exam is administered, not to exceed six months. The letter is only intended to benefit doctors who have received a waiver of the J-1 home residency requirement on the basis of receiving an interested government agency or State 20 waiver and who is awaiting INS approval of the H-1B visa. Such doctors are not authorized to work during this period and the new IAP-66 form must clearly stated this. To get the extensions, physicians must show ECFMG: - verification of registration for the ABMS exam; - verification of personal funds to support the doctor and any dependents; and - verification of health insurance satisfying USIA requirements For advice about these developments or any other foreign physician visa issues, contact any of us at twm@millermayer.com.
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