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Immigration Blog

Due to a number of hardships in their personal life, this Anesthesiologist found that finishing their three-year requirement in their original place of employment was proving to be increasingly difficult. After an initial consult, we determined that their situation provided a strong argument for "extenuating circumstances," the key component for successful J-1 Waiver transfer petitions, and the details of their situation would likely allow the doctor to pursue a successful J-1 Waiver Transfer.

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This physician was referred to us by another J-1 waiver client due to our strong reputation and track record of approvals. As with most IMG physicians nearing the end of their J-1 time, they were looking for the best way to continue to offer their medical expertise in the U.S. with fulfilling the J-1 two-year home residency requirement. Conrad 30 programs often have limited application windows near the end of the year operated on a first-come-first-serve basis. This physician had served J-1 time in Illinois and Florida specializing in infectious diseases and internal medicine, and approached us with merely a week left in the Texas Conrad 30 window. We were happy to assist, and despite the tight timeline, we were successful in attaining a Texas Conrad 30 recommendation. This physician is planning to start work on J-1 Visa Waiver H-1B starting in the Fall of 2023.

Physicians often retain our firm to help them transition from J-1 to H-1B through the J-1 Waiver process. We worked with this IMG physician to attain a Conrad 30 Recommendation for J-1 Waiver that would allow them to continue their practice without fulfilling the two-year home residency requirement. They had served J-1 time in New York, Massachusetts, and Rhode Island while training in Internal Medicine, Pulmonary Disease, and Critical Care. The Conrad 30 program is a common choice for those looking to start in a new position following their training, and we have had great success in attaining Conrad 30 recommendations for our clients. This physician received the Conrad 30 recommendation for Texas and is planning to start their employment in August 2023.

An IMG New York Physician specializing in Internal Medicine, Pulmonary Disease, and Critical Care approached us to help them attain a J-1 Waiver so that they would not be subject to the two-year home residency applied to many J-1 holders. We worked with them to apply for the Texas Conrad 30 program. The Texas Conrad 30 program issued a recommendation for their waiver, and the J-1 Waiver was approved with a successful H-1B obtained to allow the physician to continue offering their medical experience and expertise to an underserved area. As with the majority of cases we handle, the process from Conrad 30 to J-1 Waiver to H-1B was smooth and allowed the physician to begin work the following Autumn. This application was processed quicker than usual at under 2 months from initial Conrad 30 recommendation submission to J-1 Waiver approval.

This physician, specializing in Internal Medicine, wanted to pursue a J-1 Waiver Transfer based purely on personal issues that lead to a successful argument of "extenuating circumstances." The IMG doctor was practicing in California while their fiancé was working in Pennsylvania. They were looking to start a family, and the circumstances requiring frequent travel for them to spend time together was causing the doctor depression, anxiety, and fatigue. This resulted in a health issue partially attributed to the physician's work schedule and environment by a mental health professional. We argued that the physician was unable to continue to work while maintaining their health.

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An IMG physician retained our services to change employers after serving a year and half of their J-1 Waiver 3-year requirement. The Internal Medicine and Cardiac Imaging Specialist physician experienced an incident at their workplace in which a patient was aggressive and caused the doctor to fear for their safety. Management was unresponsive and responded by frequently raising minor issues regarding the doctor's work. We argued that the doctor was clearly terminated in a retaliatory manner that was not related to their actual performance. The physician was then out-of-status with 60 days to find a new employer and successfully regain authorization to complete their J-1 Waiver term elsewhere.

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This Hospitalist had experienced a number of hardships in her personal life that made finishing the three year requirement in her original place of employment a near impossibility. After an initial consult with the Hospitalist, we determined that her situation provided a strong argument for extenuating circumstances that would allow the doctor to pursue a J-1 Waiver Transfer.

This Hospitalist was engaged to a fellow physician who was serving their J-1 Waiver time across the country. This long distance resulted in a serious strain on the Hospitalist's time and energy through frequent travel. The stresses resulting from this were further compounded by the ongoing Covid-19 pandemic, resulting in additional risks around frequent travel. Additionally, the Hospitalist became pregnant, and due to the stresses and requirements of the work and distance, it became increasingly difficult for her to maintain her busy schedule in a healthy manner without any family or loved ones nearby to provide support.

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Due to the Russian invasion of Ukraine, the Biden administration announced it would be granting temporary protective status (TPS) to Ukraine citizens, or those who last habitually resided in the Ukraine who have no nationality, who have been living in the U.S. without legal documentation since March 1 or earlier. If you are eligible for this status, it would give you permission to stay and work in the US for 18 months. This time can be extended by the administration if the conditions in the Ukraine have not improved by the end of the designation.

TPS is intended to protect citizens from countries where they are experiencing armed conflict or a natural disaster that makes it unsafe to return. However, this does not provide for permanent residency. You can apply for this status even if you currently possess a valid non-permanent visa, like a visitor (B-1/B-1) or a student (F-1/F-1) visa. This helps protect you from deportation when those visas expire or while you are in the process of applying for a more permanent visa.

Since this is not intended to be a permanent status, the best action after filing and being granted TPS is to start looking at other more permanent visa options. Asonye and Associates can help you navigate the immigration process during this hard time and help you find more permanent status in the US. Please do not hesitate to call us or fill out the Contact Us form on our website.

How the Build Back Better Act Can Turn the US Economy Around

COVID-19 has exposed major gaps in the U.S. labor force, including immigration concerns for millions of foreign workers due to USCIS processing delays.

Immigration experts point out that in addition to policy changes during the Trump administration, which made work authorization even more strenuous for asylum seekers and immigrants coming to the US, COVID-19 exacerbated the issue with further consulate and agency closures in alignment with quarantine measures. The foreign nationals already in the US have been waiting for months or over a year for work authorization. This major delay has led to these individuals to make the difficult decision to quit their jobs after their current authorization expires. By the end of June 2021, more than 1.3 million work authorization applications were pending with USCIS and an estimated 1.5 million immigrants are still waiting for employment-based green cards, with roughly 850,000 of those workers simply waiting to adjust their status. USCIS has tried to alleviate some of the backlog by taking certain measures such as: temporarily suspending certain biometrics requirements for some groups and granting extensions of work permits, but the issue persists.

It is estimated by the Census Bureau that there were over 1 million immigrants in the US in 2016, leaving only about 480,000 in 2020, according to JPMorgan Researchers. The steady decline of immigrant workers coupled with the 1.7 million people that retired during the pandemic, has threatened not only the labor force but also the overall economic productivity.

The Democrat's $1.7 trillion Build Back Better legislation is aimed at addressing the labor force gap caused partly by immigration complications due to USCIS delays and backlogs. To provide some background, Employment-based visas are capped at 140,000 each year and will expire at the end of the year if they go unused. Currently individuals from any one country only have access to about 7% of the annual amount of work-based and family-based green cards, with individuals from certain countries facing a wait that spans years. The proposed legislation would recapture immigrant visas starting from 1992, which could potentially open up 157,000 work-based visas and about 262,000 family-based visas – both allowing applicants to work.

The bill has yet to be passed due to lack of support from Republicans and there are those who criticize the effectiveness of the act. For example, The Federation for American Immigration Reform argued in an analysis of the Build Back Better act that "the sudden increase in the supply of legal labor generated by amnesty would likely further contribute to wage stagnation, giving employers even less incentive to raise wages." Robert Law, director of regulatory affairs and policy at the Center for Immigration Studies, adds that he is concerned the funds proposed would not be enough to combat the immense backlog issues UCSIC is facing. Law believes that "There's too much volume, there's too many other obstacles."

Despite the concerns, the Build Back Better Act is focused on providing temporary protection and work authorization to an estimated 7 million undocumented immigrants — including Dreamers and farmworkers — who are already in the U.S., leading Democrats to remain hopeful that this will kickstart the economic recovery.

J-1 Waiver Granted to a Colombian Pulmonary and Critical Care Physician to Serve in an Underserved Area in San Antonio, Texas

This physician from Colombia completed her Internal Medicine Residency and Pulmonary and Critical Care Medicine Fellowship while on a J-1 Visa. To forgo the 2 year home residency requirement, the physician found a job in an underserved area in Texas with an employer who agreed to sponsor her J-1 Waiver and H-1B. 

The physicians group retained our firm to file the J-1 Waiver. In the application, we demonstrated that the area in which the physician will work had diminished access to medical care. We showed that the physicians group is trying to expand their services to satisfy the needs of the community and enhance its access to primary medical care reducing the need for emergency care. We also argued that this can only be accomplished by adequate physician staffing. With adequate physician staffing, the community that the doctor will serve will enjoy better access to health care, decreased hospital costs and reduced burden on the emergency departments. The application was approved and the physician’s 2 year foreign residence requirement was waived. After we secured the J-1 Waiver, we successfully applied for the physician’s H-1B visa.

J-1 Waiver Granted to a Colombian Pulmonary and Critical Care Physician to Serve in an Underserved Area in San Antonio, Texas

This physician from Colombia completed her Internal Medicine Residency and Pulmonary and Critical Care Medicine Fellowship while on a J-1 Visa. To forgo the 2 year home residency requirement, the physician found a job in an underserved area in Texas with an employer who agreed to sponsor her J-1 Waiver and H-1B.

The physicians group retained our firm to file the J-1 Waiver. In the application, we demonstrated that the area in which the physician will work had diminished access to medical care. We showed that the physicians group is trying to expand their services to satisfy the needs of the community and enhance its access to primary medical care reducing the need for emergency care. We also argued that this can only be accomplished by adequate physician staffing. With adequate physician staffing, the community that the doctor will serve will enjoy better access to health care, decreased hospital costs and reduced burden on the emergency departments. The application was approved and the physician’s 2 year foreign residence requirement was waived. After we secured the J-1 Waiver, we successfully applied for the physician’s H-1B visa.

A Physician’s Group in Oklahoma retained our firm to assist with the employment of three hospitalists in H-1B status. The Physician’s Group serviced hospitals in medically underserved areas and needed to fill part-time positions. The Physician’s Group understood how complex the immigration process is and wanted to ensure that this second employment would not negatively impact the physicians’ current H-1B status and full time employment. Our firm filed concurrent H-1Bs for each physician. In the petition, we outlined the details of the position including the location, duties, and the number of hours required of each physician. Two of the physicians also had previously secured J-1 Waivers. In drafting the concurrent H-1B petitions, our firm ensured that the physicians continued to fulfill all the requirements of their J-1 Waivers. Once our firm confirmed that the moonlighting met all the requirements and would not negatively impact the physicians’ current visas, we successfully submitted the petitions and received an approval shortly after.

The newly published final rule will allow more nonprofit entities to take advantage of the exemption.

USCIS has published a final rule on November 18, 2016 which introduces a fourth option to meet the exemption from the H-1B quota. A nonprofit entity can claim cap exemption by demonstrating that it has entered into a formal written affiliation agreement with an institution of higher education that establishes an active working relationship between the nonprofit entity and the institution for the purposes of research or education, and the fundamental activity of the nonprofit entity is to directly contribute to the research of education mission of the institution of higher education.

In the proposed rule, the term “primary purpose” was used instead of “fundamental activity.” However, in response to the public comments which suggested the term “primary purpose” was too restrictive, the Department of Homeland Security (“DHS”) replaced “primary purpose” with “fundamental activity.” DHS expects that this substitution of the terms will allow more nonprofit entities to take advantage of the exemption. In the commentary preceding the regulation, DHS also clarified that if a nonprofit entity is engaged in more than one fundamental activity, it can still  take advantage of the exemption because the exemption requires that at least one of these fundamental activities directly contributes to research or education of an institution of higher education. This rule will go into effect on January 17, 2017.

Extenuating Circumstances for J-1 Waiver Transfer Approved Due to Hostile Work Environment and potential danger to US citizen Spouse and Child

April 25, 2016 - After obtaining a j-1 waiver and H-1B visa, this internal medicine physician began his j-1 waiver job in California. Shortly after he initiated his employment, the employer began engaging in illegal and unethical conduct as well as harassment, mistreatment, and retaliation against the physician. In addition, throughout his employment, the physician’s employer continuously disregarded and ignored the physician’s medical judgement, thereby jeopardizing the health of its patients and the safety of its community. After the physician complained of the harassment as well as the unfair compensation he faced, the physician was given a final warning.

In our petition, we argued that as a result of the employer’s behavior, the physician could not complete his j-1 waiver service. We also argued that the denial of the physician’s j-1 waiver transfer would cause extreme hardship on the physician’s spouse and young son, both US citizens. The physician’s wife has several mental illnesses and in the event of a denial, the physician and his family would need to return to India, a country that lacks adequate mental health care.

The physician and his new employer retained our firm to prepare and file the J-1/H-1B visa waiver transfer to another hospital in California. Our petition included a declaration signed by the physician, his spouse’s medical records reflecting her diagnoses, treatment plan, and her physician’s recommendations, as well as articles regarding the access to mental health care in India. USCIS approved the physician’s J-1/H-1B visa waiver transfer on April 25, 2016.

Russian Endocrinologist Granted NIW to Serve in Medically Underserved Community in Michigan

March 29, 2016 - This Russian national is an Endocrinologist that came to the United States on a J-1 visa in order to complete her residency training in Internal Medicine. Upon completion of her training program in 2012, she began her fellowship in Endocrinology, which she completed in 2014. Afterwards, we filed a J-1 visa waiver that waived the 2-year foreign home requirement and allowed her to remain in the US.

We were retained again recently to file this physician’s NIW in order for her to serve five years in an underserved community in Isabella County, Michigan. We stated that her employment will have an immediate and positive impact on the members of Isabella County by reducing the long wait by patients to see an endocrinologist, enhancing follow up procedures with the facility, as well as enchaining the availability and quality of care provided to patients. We also argued that a denial of the NIW would deprive the community of a specialty physician that can provide patients with much-needed preventative care. Her NIW was approved on March 29, 2016.

 

2.12.16

After seeking help in finding his stolen car, Salvadoran man is facing deportation 

Pedro Figueroa is facing deportation and was detained by the Immigration and Customs Enforcement after contacting police officials to get help in finding his stolen car. However, it is actually a violation of laws that are designed to encourage all to come forward and report crimes, regardless of their legal status.  

In other words, San Francisco PD was not supposed to have contacted Immigration and Customs Enforcement, or ICE, when Figueroa contacted them. However, there was an ICE agent waiting outside when Pedro arrived at the San Francisco Police Station, and he ended up being detained for “45 days and counting, at risk of deportation to danger and even death in El Salvador,” his lawyers noted in their statement on the case.  

Pedro Figueroa is an El Salvadoran man who has been living in San Francisco, and is a father to an eight-year-old girl. If San Francisco Police were indeed in violation of these immigration laws designed to allow everyone, regardless of citizenship status, the right to contact law enforcement to report crimes, this would be a very disturbing case. Pedro’s case is “now being reviewed by the immigration courts to determine whether he has a legal basis to remain in the U.S,” according to the statement made by ICE. 

2.2.16

 

Music Teacher in Minnesota may be forced to leave country  

 

In Lancaster, Minnesota, the music teacher of the Lancaster School may be forced to return to Canada, as her visa runs out on February 15th. Alanna Dawson is the music teacher there at the school in northwestern Minnesota, and because of U.S. Immigration Law may be forced to move back to her home near Winnipeg, Canada. The Superintendent of the district, Steve Swiontek, has reached out to Minnesota Senators Klobuchar and Franken, as well as Representative Peterson in his attempt to keep Dawson from being forced to leave the country.  

If Ms. Dawson is forced to leave, the school will be without a music teacher, as there are no others in the area. This is why U.S. Immigration Law is so important. While in some cases it is important to maintain a balance of those immigrating to the United States, it is important for circumstances such as this one to receive individual consideration. 

The Election of a New President is Bound to Affect Immigration Law

The President of the United States has a major say in the immigration policies of the country. With 2016 being an election year, there may be changes coming to the approach of the executive branch towards immigration policy. Two important topics heading into the presidential race are immigration from Mexico and Central America, and the immigration of refugees from Syria and the Middle East. It is important to keep an eye on the elections and how the differing opinions of the candidates will affect immigration law and policies such as J-1 Visas.

Students in Ireland and other countries to need jobs before they can secure a J-1 visa

Starting in 2016, foreign exchange students who wish to spend time in the United States will be required to obtain and provide proof of employment in the U.S. prior to their J-1 visas being accepted. These ordinances have been put in place by the agencies CIEE and Interexchange, who are responsible for the immigration of students who wish to obtain J-1 waivers and selecting and determining which students are accepted. The U.S. Dept. of Foreign Affairs backed them in this decision.

On November 12, 2015, the U.S. Department of Foreign Affairs announced that students who wish to obtain a J-1 visa to the United States would be required to have employment first. Supporters of these changes to the J-1 waiver program believe that the new changes will make it easier for foreign exchange students to hit the ground running, and that having employment prior to entering the country will make their transition easier. Opponents of the changes, such as Ireland’s Minister for Foreign Affairs, believe that the adjustments to the J-1 visa program will greatly reduce the number of students eager to participate in the program.

on.Students in Ireland and other countries to need job
s before they can secure a J-1 visa

PERM LC Certified and I-140 Approved for Hospitalist in Michigan

October 30, 2014 – This Indian National requested to get his adjustment of status process started. His employer retained our firm for the PERM Application. We submitted the PERM Application on March 7, 2014 locking in that date as the priority date for filing the adjustment of status petition. The PERM Application was certified on August 27, 2014. After certification we quickly filed the petition for the I-140 to move to the next step of the green card process. The I-140 was filed on October 9, 2014 and approved on October 30, 2014. We are now waiting for the priority date to become current so we may file the I-485 Adjustment of status Petition.

 

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