Ask Visalaw.com for Healthcare Workers

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.  

Q - I will complete my J 1 waiver on June 4, 2007. My wife just became a US citizen. My I-130 immigrant visa petition through my wife (when she was a permanent resident) was approved two years ago. Should she upgrade my old I-130 or file a new I-130? Which would be quicker? I intend to complete my three year waiver. Can I file my I-485 adjustment petition and I-765 (EAD) three months before my three years are over so that they can be processed by the time my waiver is over.  

A - No need to file a new I-130. Just send the approved one and the proof of citizenship when the I-485 is submitted. You cannot, however, file prior to completing the three years of service.  

*****  

Q - I am holding NCLEX New York certificate and I am a Canadian citizen. Can I work without IELTS Certificate?  

A - You need VisaScreen, but Section 212(r) of the Immigration and Nationality Act provides that CGFNS can alternatively certify a nurse who has a valid and unrestricted license in a US state where the nurse intends to be employed, the nurse has passed the National Council Licensure Examination (NCLEX) and the nurse meets the following requirements:  

1. The course instruction was in English; and  

2. The nursing program was located in a country which was designated by CGFNS as having nursing programs of sufficient quality and English instruction; and  

3. The nursing program was in operation on or before November 12, 1999 or has been approved by CGFNS if it was later established.  

CGFNS has designated the following countries for purposes of the alternate certification process: Australia , Canada , Ireland , New Zealand , South Africa , the United Kingdom and the United States .  

*****  

Q - I am doing my J-1 waiver in Internal Medicine in an academic practice. Is it illegal to do moonlighting outside the university in a subspecialty (I do have the training)?. Any paperwork needed?  

A - There is no problem in taking outside employment as long as you have a separate, concurrent H-1B approval and as long as you are still meeting all the conditions for your waiver (40 hours per week, underserved area, etc.).  

*****  

Q - I am wondering how long after a favorable recommendation is sent to USCIS for a J-1 waiver does it take USCIS to adjudicate waiver?  

A - We've found that it can sometimes take a while - sometimes several months. Also, note that a major policy change was recently yesterday on how USCIS handles the cases and it may be causing delays. See the memo at http://www.uscis.gov/files/pressrelease/I612_121906PN.pdf.  

*****  

Q - I have an H-1B visa and I work for a large medical group. I have been invited by a drug company to give lectures for which they will pay me an honoraria. I will give lectures at medical meetings for professional organizations/societies.  

A - I would consider having the payments made to your group and then if the group bonuses you the honaria, this will be part of your employment. I think it is possible to argue that an honorarium would be okay given that such honoraria are possible under the B-1 rules, but I think this is risky. Also, if you are in an H-1B service period tied to a J-1 waiver, then wide work like you describe could be problematic. Definitely consult with your immigration lawyer on this one.

Print This Page

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.