Monthly Archives: November 2009

J-1 Waivers for Foreign Physician

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Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United States for at least three years. An area that is designated as Health Professional Shortage Area, Medically Underserved Area/Population or a VA facility normally qualify such requirement.

J-1 waiver applicants first submit their application (DS-3035) to DOS (Department of State) processing center. Subsequently, the applicants and the sponsoring employer must submit all information to IGA (Interested Government Agency) which will review the application and then forward the recommendation to DOS Waiver Review Division (WRD). After WRD issued its own recommendation, the case will be forwarded to USCIS for final decision.

J-1 waiver once granted, the physician will work in H-1b status. Therefore, J-1 waiver applicants must also qualify for H-1b requirements. As soon as WRD issued its recommendation, H-1b application can be submitted so that it can be adjudicated with the J-1 waiver application.

IGA can be a state department of health or any other federal agency, including Department of Veterans Affairs, the Appalachian Regional Commission, Delta Regional Authority and US Department of Health and Human Services.

Please also see State of Delaware website for more information: http://dhss.delaware.gov/dhss/dph/hsm/j1visahome.html

EB-5 Immigrant Investors

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The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category — just one-tenth of the visa available. For the regular program, the enterprise must (1) be one in which the person has…Continue Reading

B-1 Business Visitors

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B-1 visa is for the visitor who has an unabandoned foreign residence, intends to visit only temporarily and intends to engage only in permitted business activities. B-1 business visitor may be admitted for the purpose of enaging in business but not for the purpose of local employment or labor for hire. in distinguishing, the determination…Continue Reading

Four Immigration Program Extended

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On 10/28/2009, President Obama signed into law which extends the non-minister religious worker, the “Conrad 30″, the EB-5 visa (investor visa) and the E-Verify program through September 30, 2012. The law also includes statutory authority for USCIS to complete processing of permanent residence applications for surviving spouses and other relatives of immigration sponsors who die…Continue Reading