Dear Readers:

This month the H-1B visa cap is expected to be hit. We have received many questions regarding exactly what impact this will have on the health care profession. To find more information about H-1B visas generally, you may want to see the recently updated ABCs of Immigration article on our web site at http://www.visalaw.com/04feb3/2feb304.html.

The H cap will affect the health care community in a number of different ways. But it is first important to know who is NOT subject to the H-1B cap –

1. Employees of institutions of higher education – people working for university hospitals, clinics and university-owned medical groups and any other university employees should be safe

2. Employees of non-profit or government research hospitals and institutions

3. Physicians seeking H-1Bs based on State 30 J-1 waiver applications

There was some debate about the third group on this list, but the USCIS has indicated that they will continue to treat State 30 physicians as exempt from the cap.

The cap will be a problem for a variety of other individuals including

1. All professionals – nurses, doctors, physical therapists, etc. - at for-profit, non-university employers
2. Physicians in residency programs that are at private hospitals that are not properly connected to a university
3. Physicians in residency training at exempt employers who seek to switch to a non-exempt employer when visa numbers are not available

The key for most people is to file as far in advance as possible and to consider visa alternatives when H-1Bs are not around. Once the cap is hit, applications will not be accepted for positions with start dates before October 1^st. And since an employer can only apply 180 days ahead of the start date, an H-1B application would not be submitted until early April.

We remind readers that our firm for quite some time has assisted health care professionals in locating employment in the US. You can go to http://www.visalaw.com/IMG/regform.htm to send us information on what you are seeking. Also beginning this month we will be listing job announcements for physicians that are available to H-1B and J-1 applicants. Please e-mail me at gsiskind@visalaw.com if you see a position that interests you.

Finally, I remind you all that you are welcome to send me your questions, comments and tips. My email address is gsiskind@visalaw.com.

Kind regards,

Gregory Siskind, Attorney at Law