SLIDE 1
IMMIGRATION: Physician Recruitment through the Wyoming J-1 waiver program
Michelle Scimecca, J.D. Immigration Attorney Minneapolis, Minnesota
SLIDE 2 THE PROBLEM: Recruiting Physicians
Shortage: Expected shortage to reach 120,000 physicians by 2030 Access: Access to affordable care Aging: Aging population; retiring physicians Considering all 3 variables, Wyoming nationally ranks #1 with respect to physician shortage
www.theseniorlist.com
SLIDE 3
A SOLUTION: Conrad 30 J-1 Waiver Program
Placement of 15,000+ physicians 2001-2017 Primary care physicians and specialists Federally designated underserved areas and non-designated areas 30 waivers per state each fiscal year
SLIDE 4
WHO ARE J-1 PHYSICIANS? International Medical Graduates
ECFMG sponsors 10,000+ J-1 visa physicians annually for medical residency training J-1 visa includes IMG obligation to return to home country for 2 years after training
SLIDE 5
WYOMING: J-1 Waiver Program
Employer (sponsor) Accepts Medicaid / Medicare & medically indigent patients
– HPSA or MUA – FLEX
Contract
– FT clinical care – 3 years patient care
Physician Contract for 3 years Meet all medical licensure requirements prior to employment J-1 waiver approval is conditional
SLIDE 6
WYOMING: State Timeline
30 J-1 waiver slots available 10/1 – 9/30
– 20 HPSA/MUA: Secretary of Health designated, underserved sites – 10 FLEX sites: confirmation of service to HPSA/MUA population
First come, first serve application to Wyoming Department of Health
SLIDE 7
WYOMING: U.S. Department of State Timeline
Wyoming recommendation is submitted to the U.S. Department of State Waiver Review Division (“official sponsor”) WRD issues waiver recommendation to USCIS: posted processing time 12-16 weeks
SLIDE 8
WYOMING: USCIS Timeline
WRD J-1 waiver recommendation is sent to USCIS (Vermont Service Center) USCIS posted processing for J-1 waiver approval is 1 week to 6 months Approval states requirement of physician agreeing to begin employment in 90 days
SLIDE 9
WYOMING: Change of status from J-1 to H-1B
Employer’s H-1B petition to change of status Timing for change of status Physician must have Wyoming medical license for H-1B petition
SLIDE 10
WHAT IS H-1B?
Reserved for “specialty occupations” Issued for 3 years and can be extended Employer-specific, occupation-specific, & worksite-specific *If worksite changes occur, steps can be taken to authorize the new work location
SLIDE 11
H-1B REQUIREMENTS
Labor Condition Application is certified by the U.S. Department of Labor, confirming salary and working conditions
– Processing: online (1wk)
Petition to USCIS
– Processing: regular (6mo+) or premium (2wks) – J-1 waiver physicians are exempt the H-1B cap
SLIDE 12
PHYSICIAN SPOUSES
H-4 dependent status (no initial work authorization); very limited possibility of future H-4 work authorization Options for work authorization:
– H-1B – 5-year Physician National Interest Waiver (HPSA/MUA)
SLIDE 13 J-1 WAIVER AND H-1B RECAP
STEP 1: J-1 Waiver of the 2-Year Home Country Residency Requirement WY DOH DOS WRD USCIS STEP 2: H-1B petition for change
authorization to start employment; separate filing needed for family members DOL USCIS
SLIDE 14
QUESTIONS?
Michelle Scimecca, Vogel Law Firm mscimecca@vogellaw.com, 952-236-9719 7300 West 147th Ste 304 Apple Valley, MN 55124
