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Published by Greg Siskind, partner at Siskind Susser, Immigration Lawyers; telephone: 800-343-4890 or 901-682-6455; facsimile: 800-684-1267, email: gsiskind@visalaw.com, WWW home page: http://www.visalaw.com/.
Siskind Susser serves immigration clients throughout the world from its offices in the US, Canada, Mexico, Argentina and the People's Republic of China . To schedule a telephone or in-person consultation with the firm, go to http://www.visalaw.com/intake.html.
Editor: Greg Siskind
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Congress Passes Major J-1 Physician Bill
This afternoon, the US House of Representatives unanimously approved S. 2302, a bill which extends the Conrad 30 J-1 physician waiver program. The Senate has already passed the bill and the legislation now goes to President Bush for an expected signature. The program allows each state in the US to sponsor up to 30 foreign physicians per year who train in the US to remain in this country. J-1 physicians are normally required to return to their home countries for two years following their training. Under the Conrad program, states can sponsor physicians for a waiver of this requirement in exchange for the physician agreeing to work three years in a medically underserved area. The program began its sunset on June 1, 2004. S.2302 will extend this date by two more years.
The bill also makes several significant changes to other aspects of the state and federal J-1 waiver programs:
- State and Federal agency waiver applicants will be exempt from the H-1B numerical cap.
- Each state will be able to have the flexibility to use five waivers per year for applicants taking jobs outside of federally designated medical shortage areas IF they can demonstrate that they will actually be serving people who live in shortage areas.
- Both State and Federal agencies can sponsor specialists (only state agencies and the Veterans Administration can do so now).
The bill will pave the way for many more specialists to work around the country. The Delta Regional Authority is expected to be the first Federal agency to take advantage of the new law and the agency intends to begin sponsoring specialist cases as soon as President Bush signs the legislation. The expansion of the H-1B cap exemption to federal waivers is also important since the H-1B cap has been reached and Federal waiver programs have been hampered by not being able to offer physicians the ability to actually work in their sponsoring communities.
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. |