Immigration for IMGs: A Step by Step Guide

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Immigration for IMGsA Step by Step Guide
Immigration Attorney Carl Shusterman Los Angeles,
CA
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Visa Options For Residents Fellows

• J Status
• H-1B Status
• Permanent Residence and Other Options

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Medical Residency/Fellowship on J-1 Status

• Passage of USMLE, Parts I and II
• Acceptance to Program
• Form DS-2019
• Apply for Change of Status in US or for J Visa
  Abroad

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Consequences of J Status for IMGs

• 2-Year Home Residency Requirement
• Must return to Country of Nationality or Last
  Residence for 2 years before obtaining H or L
  visa or Green Card

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Medical Residency/Fellowshipon H-1B Status

• Passage of USMLE, Parts I, II III
• Acceptance to Residency Program
• H-1B Petition

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How to Obtain a J Waiver

• Persecution
• Exceptional Hardship
• To USC/LPR Spouse
• To USC/LPR Child (under 21 unmarried)
• Interested Governmental Agency (IGA)

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J Waiver Through Exceptional Hardship

• Procedure
• Submit Application to CIS
• Exceptional hardship?
• State Department Review
• Benefits
• No three-year commitment
• No HPSA/MUA/MUP/VA

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J Waivers Interested Governmental Agencies

• Federal Agencies
• ARC
• VA
• HHS
• DRA
• Conrad State Programs

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Procedure For Clinical IGA Waivers

• Job Offer in HPSA/MUA/MUP/VA
• Recommendation From IGA
• State Department
• Check Status Online
• Approval From USCIS
• Change of Status to H-1B

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J Waiver Requirements

• Work as H-1B for 3 Yrs
• in HPSA/MUA/MUP/VA
• Change of Employment
• When to Apply for
• Permanent Residence

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Extraordinary Ability (O-1) Status

• Extraordinary Ability
• Petition must include
• Written contract
• Major prize/award or
• Meet 3 of 8 factors

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Permanent ResidenceEmployment Options

• PERM
• National Interest Waiver
• The Law (1999)
• The Regulations (2000)
• The Lawsuit (2005)

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Obtaining Permanent Residence Through PERM

• PERM
• Visa Petition (I-140)
• Application for Adjustment Of Status
• (I-485)
• Concurrent Filing
• Consular Processing

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Obtaining Permanent Residence Through National
Interest Waiver

• Submit I-140 to USCIS
• 5-year Commitment
• Change of Employment
• Submit I-485 to USCIS
• Concurrent Filing
• Work/Travel Permits for MD/Spouse/Children

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Permanent ResidenceOther Options

• Through EB-5 Investment
• Through Family Categories
• Through Spouse
• Through Parents
• Through Siblings
• Through Adult Children
• Through Visa Lottery
• Through Spouses Job

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Immigration Reform Bill in Congress

• Would make the Conrad 30 program permanent
• Would make J status dual intent
• Would exempt spouse/children from 2-year rule
• Would make it easier for H-1B MDs to change jobs
• Would eliminate per-country quotas
• Would provide a faster route for green cards to
  physicians and their families

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Finding IMG Resources Online http//shusterman.com

• We Link to
• Governmental Sites
• Conrad 30 Programs
• HPSA/MUA List
• ECFMG/USMLE
• Job Opportunities

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How to Keep Current

• Physicians
• Immigration Guide
• Social Media

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