IMMIGRATION : Physician Recruitment through the Wyoming J-1 waiver - PowerPoint PPT Presentation

IMMIGRATION : Physician Recruitment through the Wyoming J-1 waiver program Michelle Scimecca, J.D. Immigration Attorney Minneapolis, Minnesota

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

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

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

WYOMING : J-1 Waiver Program Employer (sponsor) Physician  Accepts Medicaid /  Contract for 3 years Medicare & medically  Meet all medical indigent patients licensure requirements – HPSA or MUA prior to employment – FLEX  J-1 waiver approval is  Contract conditional – FT clinical care – 3 years patient care

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

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

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

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

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

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

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)

J-1 WAIVER AND H-1B RECAP STEP 1: STEP 2: J-1 Waiver of the 2-Year H-1B petition for change Home Country Residency of status to hold work Requirement authorization to start employment; separate filing needed for family members WY DOH DOL DOS WRD USCIS USCIS

QUESTIONS? Michelle Scimecca, Vogel Law Firm mscimecca@vogellaw.com, 952-236-9719 7300 West 147 th Ste 304 Apple Valley, MN 55124