visa issues in 2007€¦ · visa issues in 2007 kerry m. richard, esq. tobin, o’connor, ewing &...

Visa Issues in 2007Visa Issues in 2007

Kerry M. Richard, Esq.Kerry M. Richard, Esq.Tobin, OTobin, O’’Connor, Ewing & RichardConnor, Ewing & Richard5335 Wisconsin Avenue, Suite 7005335 Wisconsin Avenue, Suite 700Washington, DC 20015Washington, DC [email protected]@tobinoconnor.com202202--362362--59005900

4/17/20074/17/2007 Copyrighted 2007Copyrighted 2007 22

Discussion TopicsDiscussion Topics

Key Visa Types Pros & ConsKey Visa Types Pros & ConsHH--1B Employer Obligations1B Employer ObligationsCurrent EventsCurrent EventsCase StudiesCase StudiesQuestions and Answers Questions and Answers


Why we care?Why we care?


BackgroundBackground

Every resident and fellow must be Every resident and fellow must be authorized to work in the United States authorized to work in the United States throughout their training.throughout their training.What does What does ““authorized to workauthorized to work”” mean?mean?

A US citizen or Lawful Permanent Resident A US citizen or Lawful Permanent Resident Alien (Green card holder)Alien (Green card holder)Eligible to hold a nonEligible to hold a non--immigrant work visa.immigrant work visa.One or two other little exceptions. One or two other little exceptions. ☺☺


Work AuthorizationWork Authorization

Every employee must demonstrate their Every employee must demonstrate their identity and authorization to work in the US identity and authorization to work in the US within 3 business days of commencing within 3 business days of commencing employment.employment.Authorization to work must remain valid for Authorization to work must remain valid for duration of employment.duration of employment.Residency positions require advanced planning Residency positions require advanced planning to fill.to fill.It can take several months to obtain visas.It can take several months to obtain visas.


Glossary of Terms:Glossary of Terms:

United States Citizenship & Immigration United States Citizenship & Immigration Services (USCIS):Services (USCIS):Formerly, the INS or BCIS. Formerly, the INS or BCIS.

Part of the Department of Homeland Security. Part of the Department of Homeland Security. Becoming more focused on Security and Tracking. Becoming more focused on Security and Tracking.

The CIS takes applications from those seeking The CIS takes applications from those seeking to immigrate, those seeking to enter the US for to immigrate, those seeking to enter the US for specific purposes, and those seeking to specific purposes, and those seeking to sponsor foreign nationals for temporary or sponsor foreign nationals for temporary or permanent employment. permanent employment.


USCIS ResponsibilityUSCIS Responsibility

The USCIS also handles all questions The USCIS also handles all questions relating to the Status of foreign nationals relating to the Status of foreign nationals once they have entered the United once they have entered the United States.States.

Change of StatusChange of StatusAdjustment of StatusAdjustment of StatusExtensions of StatusExtensions of StatusAmendments of StatusAmendments of Status


Glossary of TermsGlossary of Terms

Department of State (DOS)Department of State (DOS): The Department : The Department of State is charged with conducting foreign of State is charged with conducting foreign affairs and diplomatic relations. affairs and diplomatic relations. DOS maintains Consulates and Embassies in DOS maintains Consulates and Embassies in every foreign country with whom we maintain every foreign country with whom we maintain diplomatic relations.diplomatic relations.DOS issues travel visas to eligible foreign DOS issues travel visas to eligible foreign nationals and determines the policies and nationals and determines the policies and procedures by which foreign nationals are procedures by which foreign nationals are issued visas. issued visas.



DOS visa policies and procedures vary from DOS visa policies and procedures vary from country to country, depending on diplomatic country to country, depending on diplomatic relations, reciprocity, economic relations and relations, reciprocity, economic relations and national security concerns.national security concerns.DOS can overrule CIS in any individual case. DOS can overrule CIS in any individual case. DOS has become much more independent and DOS has become much more independent and active since 9/11.active since 9/11.



Other Interested AgenciesOther Interested Agencies: : Department of Labor (DOL), State Level Department of Labor (DOL), State Level Wage Offices (Wage Offices (SESAsSESAs), ECFMG, ), ECFMG, USMLE, ACGMEUSMLE, ACGME



Nonimmigrant VisasNonimmigrant Visas: Any visa that allows a : Any visa that allows a foreign national to enter the US and stay for a foreign national to enter the US and stay for a period of time, but that requires the individual period of time, but that requires the individual to have the intent not to immigrate. to have the intent not to immigrate. Work VisasWork Visas: Work visas are the sub: Work visas are the sub--type of type of nonimmigrant visas that authorize the nonimmigrant visas that authorize the visaholdervisaholder to be employed in the United States.to be employed in the United States.Work AuthorizationWork Authorization: Permission granted by : Permission granted by the CIS to a foreign national to be employed in the CIS to a foreign national to be employed in the United States, even if the personthe United States, even if the person’’s visa is s visa is not a work visa.not a work visa.


Are you ready?Are you ready?


Work Authorization Work Authorization OptionsOptions

FF--1 (optional practical training)1 (optional practical training)OO--1 visa1 visaJJ--1 visa1 visaHH--1B visa1B visaMiscellaneous others: JMiscellaneous others: J--2, A2, A--2, EAD2, EAD


Statuses that are NOT Statuses that are NOT Options:Options:

BB--1/B1/B--2 2 –– Visitor for Business or Visitor for Business or Pleasure.Pleasure.HH--4 4 –– Dependent of an HDependent of an H--1B.1B.FF--2 2 –– Dependent of an FDependent of an F--1 student.1 student.OO--3 3 –– Dependent of an ODependent of an O--1.1.II--94W 94W –– Visa Waiver Pilot Program.Visa Waiver Pilot Program.Many Others.Many Others.


FF--1 Optional Practical 1 Optional Practical TrainingTraining

Up to one year onlyUp to one year onlyFor NonFor Non--citizen US Medical School citizen US Medical School GradsGradsInexpensiveInexpensiveTransferable (between employers)Transferable (between employers)3030--90 days to process90 days to processRequires a plan for the futureRequires a plan for the future


OO--1 Visas1 Visas

For Candidates of Extraordinary Ability: For Candidates of Extraordinary Ability: National and/or international renown in National and/or international renown in field of intended employment.field of intended employment.Rarely available to Residency level Rarely available to Residency level applicants.applicants.EmployerEmployer--sponsored and nonsponsored and non--transferabletransferablePotentially unlimited duration.Potentially unlimited duration.


OO--1 Visas1 Visas

Extensive documentation requirements.Extensive documentation requirements.Research/PublicationsResearch/PublicationsPresentations, Awards, ScholarshipsPresentations, Awards, ScholarshipsMembership in Elite OrganizationsMembership in Elite Organizations

Legal fees averaging $5500 (each Legal fees averaging $5500 (each application).application).3030--90 days to process.90 days to process.No moonlighting.No moonlighting.


JJ--1 Clinical Training1 Clinical Training

Good for duration of training up to 7 Good for duration of training up to 7 years in an accredited (listed in ACGME years in an accredited (listed in ACGME Green Book) program.**Green Book) program.**NonNon--transferabletransferableOnly for training Only for training -- no moonlighting no moonlighting allowed allowed



Must return to home country for 2 years Must return to home country for 2 years following training before eligible to following training before eligible to change status to permanent resident or change status to permanent resident or other nonother non--immigrant status. immigrant status. Cannot leave and reCannot leave and re--enter as a enter as a permanent resident or other type of permanent resident or other type of nonimmigrant except O or TN.nonimmigrant except O or TN.



120+ days to process paperwork.120+ days to process paperwork.Usually no legal assistance required.Usually no legal assistance required.Program acquires an DSProgram acquires an DS--2019 (formerly IAP2019 (formerly IAP--66) from ECFMG, and Resident uses DS66) from ECFMG, and Resident uses DS--2019 2019 to apply for visa at consulate in home country.to apply for visa at consulate in home country.ECFMG requires program description, usually ECFMG requires program description, usually ACGME certification, and a simple form.ACGME certification, and a simple form.No special CIS permission required.No special CIS permission required.



If Candidate is already in US in another If Candidate is already in US in another status or J category:status or J category:

Determine whether eligible to enter clinical Determine whether eligible to enter clinical training program training program ---- 12 month rule.12 month rule.Change of status requires either Change of status requires either confirmation from CIS (slow) or departure confirmation from CIS (slow) or departure and reand re--entry into country after receiving new entry into country after receiving new visa from consulate abroad.visa from consulate abroad.



Limited availability of Waivers of home Limited availability of Waivers of home residency requirement for clinical training residency requirement for clinical training ––Requires both DOS and CIS approval.Requires both DOS and CIS approval.Generally requires permanent offer of Generally requires permanent offer of employment for HPSA or MUA.employment for HPSA or MUA.Many candidates disfavor J visas for this Many candidates disfavor J visas for this reason.reason.If program recruits faculty/If program recruits faculty/attendingsattendings from its from its training programs, then J visas are impractical.training programs, then J visas are impractical.


Waiver IssuesWaiver Issues

Home Residency Requirement applies to Home Residency Requirement applies to JJ--1 1 visaholdervisaholder and any family in Jand any family in J--2 2 status.status.Waivers (when feasible) take 6Waivers (when feasible) take 6--8 months 8 months to obtain.to obtain.If individual receives a waiver, he/she is If individual receives a waiver, he/she is not eligible for any further extensions of not eligible for any further extensions of JJ--1 status.1 status.


Current Events for J visasCurrent Events for J visas

Conrad 30 WaiversConrad 30 WaiversImpacted by HImpacted by H--1B Cap Issues1B Cap Issues


HH--1B visas1B visas

Good for any position (without regard to Good for any position (without regard to accreditation) that requires at least a accreditation) that requires at least a bachelorbachelor’’s degree (or foreign equivalent).s degree (or foreign equivalent).Up to 6 years in this status.***Up to 6 years in this status.***EmployerEmployer--sponsored (and not transferable), sponsored (and not transferable), but can allow but can allow ““internal moonlighting,internal moonlighting,”” if properly if properly drafted.drafted.Permits candidate to emigrate. Doctrine of Permits candidate to emigrate. Doctrine of Dual Intent.Dual Intent.



Burdensome to Employers:Burdensome to Employers:Must determine and pay at least the Must determine and pay at least the ““Required WageRequired Wage””Public Access Files and other recordPublic Access Files and other record--keeping/posting requirements.keeping/posting requirements.Filing fees up to $2,195 (employer pays).***Filing fees up to $2,195 (employer pays).***Legal fees = $3,000 +/Legal fees = $3,000 +/-- (employer pays).(employer pays).Employer pays for travel home upon early Employer pays for travel home upon early termination.termination.


HH--1B Visa Caps1B Visa Caps

The CAP is BACK . . . The CAP is BACK . . . 65,000 visas per fiscal year: 10/1/0765,000 visas per fiscal year: 10/1/07--9/30/08. 9/30/08. GONEGONE as of April 1, 2007.as of April 1, 2007.20,000 visas for applicants who earned at 20,000 visas for applicants who earned at least a Masters Degree in the US least a Masters Degree in the US PROBABLY GONEPROBABLY GONE as of April 1, 2007as of April 1, 2007

Visa Roulette . . .Visa Roulette . . .Over 150,000 pieces of mail. 65,000 visas.Over 150,000 pieces of mail. 65,000 visas.


HH--1B Visas 1B Visas –– Fees/CapsFees/Caps

Good News: For Nonprofit Organizations Good News: For Nonprofit Organizations Affiliated with Institutions of Higher Affiliated with Institutions of Higher EducationEducation

Exempt from $1500 Data Collection FeeExempt from $1500 Data Collection FeeExempt from Annual Cap (65,000 +/Exempt from Annual Cap (65,000 +/--).).Total Filing Fees = $695. Total Filing Fees = $695.


Portability of H visasPortability of H visas

New Residents already in H status can start New Residents already in H status can start with a new employer as soon as the new with a new employer as soon as the new application is filed.application is filed.

Providing they remain employed when petition is Providing they remain employed when petition is filed.filed.

H can be extended indefinitely pending Green H can be extended indefinitely pending Green Card approval (if certain deadlines are met).Card approval (if certain deadlines are met).

Green Card process must be started at least 12 Green Card process must be started at least 12 months before end of 6months before end of 6thth year.year.


HH--1B Visas1B Visas

Normal Processing Times: 60Normal Processing Times: 60--120 days 120 days (VSC).(VSC).Bumped up to almost 6 months this past year.Bumped up to almost 6 months this past year.Premium Processing Now Available: Premium Processing Now Available:

Guaranteed Answer in 15 business daysGuaranteed Answer in 15 business daysAveraging 7 daysAveraging 7 daysCost $1,000 extra, which is refundable if CIS fails to Cost $1,000 extra, which is refundable if CIS fails to Answer on time.Answer on time.

Adds flexibility for July 1 starts with late Adds flexibility for July 1 starts with late USMLE Test ResultsUSMLE Test Results



Requirements for Application: Requirements for Application: 4 step process (wages, DOL, CIS and DOS)4 step process (wages, DOL, CIS and DOS)ECFMG Certificate (valid)ECFMG Certificate (valid)USMLE Steps 1, 2, & 3 (No current USMLE Steps 1, 2, & 3 (No current substitute)substitute)Valid Passport (visa term plus 6 months).Valid Passport (visa term plus 6 months).Copies of Med School Diploma/transcripts Copies of Med School Diploma/transcripts (English Translation).(English Translation).II--94 card (valid) if in country94 card (valid) if in country


HH--1B Visa1B Visa

CAVEAT: Congress is under pressure to CAVEAT: Congress is under pressure to revamp Hrevamp H--1B visa laws. 1B visa laws. Economy has softened dramatically,Economy has softened dramatically,But CAP issues abound.But CAP issues abound.Post 9/11 concerns and AntiPost 9/11 concerns and Anti--Immigration Immigration SentimientSentimient is Strong. is Strong. Changes are needed, but not very likely Changes are needed, but not very likely before the election in 2008.before the election in 2008.


The Hardest Part is Over.The Hardest Part is Over.


Miscellaneous Other Miscellaneous Other CategoriesCategories

JJ--2** 2** ---- Complicated by Home Complicated by Home Residency Residency AA--2, G2, G--44Temporary Work Authorization pending Temporary Work Authorization pending Adjustment of Status, Asylum, Refugee Adjustment of Status, Asylum, Refugee or Deportation proceedings (EAD).or Deportation proceedings (EAD).TPS TPS –– such as Liberians.such as Liberians.


Visa Applications Visa Applications

DSDS--156156All Males between 16 and 45 years old All Males between 16 and 45 years old must also complete Form DS 157.must also complete Form DS 157.Background Checks.Background Checks.MANTISMANTISEspecially from Cuba, Iran, Iraq, Sudan, Especially from Cuba, Iran, Iraq, Sudan, Syria, North Korea, Libya, and Syria, North Korea, Libya, and ““certain certain other countries.other countries.””


DelaysDelays

CIS standard processing times: Recently as CIS standard processing times: Recently as much as 6 months or more for H visas.much as 6 months or more for H visas.Consular Processing Times can be several Consular Processing Times can be several months:months:

Appointments with Personal Interviews are now Appointments with Personal Interviews are now Mandatory.Mandatory.

Background checks take time.Background checks take time.Can be indefinite.Can be indefinite.Discretion to Consulate.Discretion to Consulate.


Current EventsCurrent Events

HH--1B Visas 1B Visas –– The CAP . .. . The CAP . .. . The The ““at or by memoat or by memo””A valid license for duration of visa A valid license for duration of visa requested.requested.AntiAnti--Immigration SentimentImmigration Sentiment


Now for some Real Life Now for some Real Life Cases . . .Cases . . .


CaseCase--Based Discussion #1Based Discussion #1Dr. Eager: BackgroundDr. Eager: Background

Your Hospital normally sponsors residency Your Hospital normally sponsors residency candidates for candidates for J visasJ visas, unless there is good , unless there is good cause to do something else. cause to do something else. In November, Dr. Eager interviews for In November, Dr. Eager interviews for a PGYa PGY--1 1 positionposition to to start the following Julystart the following July. . He is a graduate of a He is a graduate of a middle eastern medical middle eastern medical schoolschool, and , and a citizen of Pakistana citizen of Pakistan. . After medical school, he came to the US After medical school, he came to the US in Jin J--1 1 status to conduct researchstatus to conduct research. After 2 years as a . After 2 years as a research Fellow, he obtained research Fellow, he obtained a waivera waiver of his of his Home Residency requirement.Home Residency requirement.


Dr. EagerDr. Eager

Dr. Dr. EagerEager’’ss current employer, a noncurrent employer, a non--profit profit research institution, research institution, changedchanged his status to his status to HH--1B1B, which he has now held , which he has now held for 4.5 for 4.5 yearsyears. . Dr. Eager tells you he wonDr. Eager tells you he won’’t need a J visa t need a J visa because he is because he is getting marriedgetting married in Marchin March to to a a US CitizenUS Citizen. He has . He has his own attorneyhis own attorneywho will take care of everything.who will take care of everything.


Dr. Eager: Analysis of Dr. Eager: Analysis of OptionsOptions

What would happen if Your Hospital What would happen if Your Hospital sponsored Dr. Eager for a J visa?sponsored Dr. Eager for a J visa?


A JA J--1 Visa for Dr. Eager1 Visa for Dr. Eager

Works for Your Hospital, BUT . . .Works for Your Hospital, BUT . . .Dr. Eager would become subject to new Dr. Eager would become subject to new Home Residency Requirement.Home Residency Requirement.He could not emigrate, even with a US He could not emigrate, even with a US citizen for a wife, until he either serves citizen for a wife, until he either serves the HRR or gets a waiver.the HRR or gets a waiver.Clinical Waivers are EXTREMELY Clinical Waivers are EXTREMELY difficult to get.difficult to get.


A JA J--1 Visa for Dr. Eager1 Visa for Dr. Eager

Dr. Eager Dr. Eager –– or at least his attorney knows or at least his attorney knows all of these limitations.all of these limitations.He will not accept a match with your He will not accept a match with your program in J status.program in J status.


Dr. Dr. EagerEager’’ss Plan Plan –– Get Get MarriedMarried

Does the fact that he is getting married in Does the fact that he is getting married in March automatically make him March automatically make him authorized to work in July?authorized to work in July?


Work Authorization Work Authorization through Marriagethrough Marriage

Marriage to a US Citizen alone does NOT Marriage to a US Citizen alone does NOT grant work authorization.grant work authorization.Dr. Eager would have to file a Request to Dr. Eager would have to file a Request to Immigrate on the basis of his marriage.Immigrate on the basis of his marriage.The BCIS would have to approve the Request The BCIS would have to approve the Request (at least 60(at least 60--90 days).90 days).Then Dr. Eager would need to file a Request Then Dr. Eager would need to file a Request for Adjustment of Status and simultaneously for Adjustment of Status and simultaneously ask for permission to work while the Request is ask for permission to work while the Request is Pending. (Request for Permission to Work Pending. (Request for Permission to Work takes another 45takes another 45--90 days to process).90 days to process).


Work Authorization Work Authorization through Marriagethrough Marriage

In a best case, Dr. Eager is unlikely to In a best case, Dr. Eager is unlikely to have work authorization by the beginning have work authorization by the beginning of July.of July.It is likely to take 8It is likely to take 8--10 months or more. 10 months or more. Thus, relying on Dr. Thus, relying on Dr. EagerEager’’ss pending pending marriage does not work for Your marriage does not work for Your Hospital.Hospital.


HH--1B Visa 1B Visa –– the Third the Third OptionOption

Your Hospital does not normally sponsor Your Hospital does not normally sponsor H visas.H visas.Dr. Eager has NOT asked for an H visa, Dr. Eager has NOT asked for an H visa, BUTBUTAn H visa is the only way to be certain An H visa is the only way to be certain Dr. Eager will have work authorization by Dr. Eager will have work authorization by July.July.


HH--1B in this Case1B in this Case

Dr. Eager is already in H status in the Dr. Eager is already in H status in the US.US.

Your Hospital can file to Amend and Extend Your Hospital can file to Amend and Extend his H visa.his H visa.He will be authorized to work for Your He will be authorized to work for Your Hospital on the day his application is filed.Hospital on the day his application is filed.He can continue to apply for his green card.He can continue to apply for his green card.

So, why hasnSo, why hasn’’t Dr. Eager mentioned an H t Dr. Eager mentioned an H visa?visa?


Dr. Eager is EagerDr. Eager is Eager

Dr. Dr. EagerEager’’ss Attorney KNOWS Dr. Eager will Attorney KNOWS Dr. Eager will need an H visa.need an H visa.Dr. Eager also knows that Your Hospital is less Dr. Eager also knows that Your Hospital is less likely to offer him the job if you know he might likely to offer him the job if you know he might need an H visa.need an H visa.Dr. Dr. EagerEager’’ss attorney is willing to attorney is willing to ““do all the do all the workwork”” for an H visa, so his statement that for an H visa, so his statement that ““my my attorney will take care of everythingattorney will take care of everything”” is true.is true.


What Happened Next:What Happened Next:

Your Hospital decides to offer Dr. Eager Your Hospital decides to offer Dr. Eager the position, and tells him: we will not the position, and tells him: we will not apply for a J visa for you, and you can apply for a J visa for you, and you can have your attorney take care of have your attorney take care of everything.everything.


Dr. EagerDr. Eager

After his wedding in late March, Dr. After his wedding in late March, Dr. Eager and his wife spend the month of Eager and his wife spend the month of April honeymooning in Paris. When they April honeymooning in Paris. When they seek to come back to the US, Dr. Eager seek to come back to the US, Dr. Eager is denied permission to reis denied permission to re--enter the enter the country because he did not have an H country because he did not have an H visa in his passport. He is sent back to visa in his passport. He is sent back to Paris. Paris.


Could Dr. Eager have Could Dr. Eager have Avoided this Situation?Avoided this Situation?

YES!YES!Contact the US Embassy in Paris before Contact the US Embassy in Paris before departing the US.departing the US.Obtain a letter from his current employer.Obtain a letter from his current employer.Take all of his visa documentation with Take all of his visa documentation with him, and apply for a visa while he is in him, and apply for a visa while he is in Paris.Paris.


More Problems for Dr. More Problems for Dr. EagerEager

The US Embassy in Paris refuses to The US Embassy in Paris refuses to grant Dr. Eager his H visa because he is grant Dr. Eager his H visa because he is NOT a citizen of France.NOT a citizen of France.Also, he was rude to the Visa Officer.Also, he was rude to the Visa Officer.


May 1: Dr. Eager remains May 1: Dr. Eager remains in Francein France

How does this development affect How does this development affect HospitalHospital’’s plans to employ Dr. Eager?s plans to employ Dr. Eager?

Does it matter that he is out of the country?Does it matter that he is out of the country?Would he still be eligible for a work permit Would he still be eligible for a work permit based on his marriage?based on his marriage?Would he still be eligible to change to an H Would he still be eligible to change to an H visa?visa?


Dr. EagerDr. Eager

Naturally, things get worse: Dr. Naturally, things get worse: Dr. EagerEager’’ssemployer fires him because he didnemployer fires him because he didn’’t t return to work. They feel misled by him. return to work. They feel misled by him. Thus, he no longer has a visa to apply Thus, he no longer has a visa to apply for.for.


Dr. EagerDr. Eager

Dr. Eager calls you to ask for Your HospitalDr. Eager calls you to ask for Your Hospital’’s s help. He says that his attorney will be calling help. He says that his attorney will be calling you because he needs your signature on you because he needs your signature on documents to allow him to get back to the US documents to allow him to get back to the US in time for his residency. in time for his residency. What should Your Hospital do now?What should Your Hospital do now?

1. Does it still want Dr. Eager?1. Does it still want Dr. Eager?2. What are these documents?2. What are these documents?


Dr. Dr. EagerEager’’ss Attorney: Attorney: ReddRedd Flag, Esq.Flag, Esq.

By now, Your Hospital should be very nervous By now, Your Hospital should be very nervous about Mr. Flag. Some signs:about Mr. Flag. Some signs:

He has never told you Dr. Eager will need an H visa.He has never told you Dr. Eager will need an H visa.Nor that Your Hospital is responsible for all legal Nor that Your Hospital is responsible for all legal fees and filing fees associated with an H visa (much fees and filing fees associated with an H visa (much less what his fees are).less what his fees are).Nor that you have significant recordkeeping Nor that you have significant recordkeeping requirements related to H visas.requirements related to H visas.Nor that you will need to file for Premium Nor that you will need to file for Premium Processing to get an H approved in time for July 1.Processing to get an H approved in time for July 1.He is asking you sign documents before he has He is asking you sign documents before he has ever spoken to you.ever spoken to you.


Resolution:Resolution:

Assuming Dr. Eager has passed USMLE Step 3, and Assuming Dr. Eager has passed USMLE Step 3, and Your Hospital sponsors Dr. Eager for an H visa, with Your Hospital sponsors Dr. Eager for an H visa, with Premium Processing, he will probably get the visa, at Premium Processing, he will probably get the visa, at an expense to you of between $2,750 an expense to you of between $2,750 -- $3,750, not $3,750, not counting filing fees.counting filing fees.Your Hospital will also have to adopt recordkeeping Your Hospital will also have to adopt recordkeeping mechanisms mechanisms –– which will result in some extra cost, and which will result in some extra cost, and may have to adjust its wages.may have to adjust its wages.Dr. Eager will probably need to go to Pakistan to apply Dr. Eager will probably need to go to Pakistan to apply for his visa (at his expense).for his visa (at his expense).


ResolutionResolution

There is no guaranty that even if the There is no guaranty that even if the BCIS approves Your HospitalBCIS approves Your Hospital’’s request s request to sponsor Dr. Eager for an H visa, he to sponsor Dr. Eager for an H visa, he will be able to obtain one in Pakistan.will be able to obtain one in Pakistan.

Depends on his visa historyDepends on his visa historyDepends on his standing in the Pakistani Depends on his standing in the Pakistani communitycommunityDepends on the War on TerrorismDepends on the War on TerrorismDepends on the Visa OfficerDepends on the Visa Officer’’s moods mood



Dr. Eager only has approximately 1.5 Dr. Eager only has approximately 1.5 years of eligibility remaining in H status. years of eligibility remaining in H status. This supports him for only 1 full year of This supports him for only 1 full year of residency. residency. Dr. Eager needs to immediately begin the Dr. Eager needs to immediately begin the immigration process so that he can either immigration process so that he can either be eligible for extensions of H status be eligible for extensions of H status based on his filing, or for a work permit.based on his filing, or for a work permit.



There is a good chance Dr. Eager will There is a good chance Dr. Eager will lose all work authorization before the end lose all work authorization before the end of his program. of his program. In light of these costs and risks, if Dr. In light of these costs and risks, if Dr. Eager is not an exceptionally strong Eager is not an exceptionally strong candidate, Your Hospital may decide to candidate, Your Hospital may decide to withdraw its offer of employment to him. withdraw its offer of employment to him. This is legally OK. This is legally OK.


Finally . . . Done.Finally . . . Done.


QUESTIONS?QUESTIONS?

This presentation is copyrighted and should not be This presentation is copyrighted and should not be copied, reproduced, or distributed, in whole or in part, copied, reproduced, or distributed, in whole or in part, without the prior written consent of Kerry M. Richard, without the prior written consent of Kerry M. Richard, Esq., Tobin, OEsq., Tobin, O’’Connor, Ewing & Richard, 5335 Connor, Ewing & Richard, 5335 Wisconsin Ave., N.W. 20015, 202Wisconsin Ave., N.W. 20015, 202--362362--5900, e5900, e--mail: mail: [email protected]@tobinoconnor.com

visa issues in 2007€¦ · visa issues in 2007 kerry m. richard, esq. tobin, o’connor, ewing &...

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