H-1B Visa Requirements For Doctors & Physicians

H1B Visa

Foreign medical graduates often desire to leave their country to further their careers in the United States. The H-1B is highly sought after by foreign professionals seeking employment in specialty occupations within the U.S. However, obtaining an H-1B visa for doctors and physicians comes with its own set of requirements.

IMPORTANT UPDATE: Premium processing has been suspended for all cap-subject petitions for the 2019 fiscal year. The suspension will take place April 2, 2018 and continue until September 10, 2018. To read more about this suspension and how it affects your case, read our premium processing suspension update.

Because of the high demand for this class of visa, having your application approved for an H-1B visa or getting H-1B status is not always easy. Having a thorough understanding of the visa requirements and heeding legal counsel can help you avoid common delays and pitfalls.For H1B Visa Process Visit Orphosyscorp

In the past, physicians have been using the J-1 visa to practice in the U.S. This option, however, came with a two-year foreign residency requirement after medical training that was often hard to fulfill. Now, under the Immigration and Nationality Act of 1990, medical professionals were able to apply for the H-1B visa for doctors to avoid the residency requirement.

U.S. employers are allowed to legally hire qualified foreign professionals on a temporary basis based on their acquired skills. In order to be eligible for the H-1B visa, the U.S. employer as well as the potential employee must follow the USCIS conditions and regulations. The visa requirements strive to ensure that the U.S. employer and foreign professional comply with the Department of Labor standards.

An H-1B visa for doctors can be obtained by applicants who aim to:

A. To teach or conduct research at a public or nonprofit private educational institution

B. To participate in a residency program

C. For employment for a U.S. company that complies with USCIS conditions and regulations as a physician or doctor

Application Process

The U.S. Department of Labor sums up the H-1B application process in three steps:

A. Submit a labor condition application (LCA) to the Office of Foreign Labor Certification (OFLC).

B. Once the LCA has been certified by the OFLC, submit it to the USCIS along with the “Petition for Nonimmigrant Worker,” Form I-129. While the petition includes some of the same information as the LCA, the USCIS reviews information on both documents to determine whether the job meets the requirements of a specialty occupation.

It also decides whether the prospective H-1B worker meets the statutory requirements in that occupation. USCIS approval is provided by Form I-797. To know more information on  H1B Visa check Pdagreen

C. Any foreign workers located outside the U.S. should go to the Department of State (DOS) to obtain a visa to work in the U.S. with a specific employer for a designated calendar period of time.

If the foreign worker is already in the United States, USCIS provides the nonimmigrant an I-797 approval notice which gives the individual the ability to work pursuant to the approved H-1B petition.

Once an employer obtains the certified LCA and the approved petition, the Wage and Hour Division (WHD) enforces the attestations within the LCA. This includes the material facts and labor condition statements.

What Is The H-1B Visa?

H1B Sponsorship

The H-1B visa is a non-immigrant visa which permits U.S. companies and employers to enlist professionals from specialty occupations overseas. With the H-1B visa, a foreign professional could work with the designated employer in the United States for a total of six years.

Requirements

As usual, we predict that the H-1B requirements will remain the same as previous years. However, as you will see later on, these requirements could very well change in the upcoming years. For Employment Visa Process Visit UT Evaluators.

As of now, the requirements are as follows. You must:

1. Have a job offer from a U.S. employer for a specialty position requiring a bachelor’s degree

2. Possess at least the required bachelor’s degree

3. Not be the sole proprietor of the sponsoring company

Your employer must also be able to pay you the prevailing wage and show that hiring you is a business necessity. Additionally, even though the rules have been relaxed a bit surrounding self-employment, you still cannot self-petition.

To be able to use your own business as your H-1B employer in 2020, you will still need to set up a CEO or board of directors with the power to control your salary, duties, and employment status. For more information on H1B Visa check Thebigtrak

Your employer will also need to obtain a Labor Certification Application for you. This means that your employer must make four attestations to the Department of Labor:

1. Your employment must not have a detrimental impact on the workers currently employed.

2. The current employees must be notified of your employer’s intent to hire you.

3. You must be paid the prevailing wage as a minimum. This is a wage that is calculated based on your position and geographic location.

4. The job location must not be experiencing a lock-out or strike.

These measures are put in place to protect the current workers and to prevent employers from using foreign labor as an alternative or replacement for domestic workers. Therefore, getting an LCA should be your employer’s first step along the H-1B journey for 2020.

H-1B Visa 2020 Masters Cap/Quota

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Based on the guidelines set by USCIS, 20,000 petitions are exempt from the H-1B cap for beneficiaries who have earned a U.S. master’s degree or higher. This is what’s referred to as the advanced degree exemption.

IMPORTANT UPDATE: H1B 2019-2020 Master’s Quota Lottery Reordering

We are going to discuss some changes that are in the works for the H-1B visa cap this year and in years to come. On January 30, 2019, the DHS announced a final rule, which makes two significant changes to the H-1B visa lottery process. The final rule will become effective on April 1, 2019. For H1B Visa Process Visit UT Evaluators

(1) New Master’s Cap Order

Under guidance from the Buy American and Hire American executive order, the USCIS is in the process of implementing some changes to the H-1B process to give preference and priority to highly-skilled and highly-paid workers. One such change involves the order in which the lotteries take place.

As we stated earlier, the USCIS has, in years past, conducted the master’s lottery first, then entered the unselected petitions into the regular cap. This proposed change involves a complete reversal of that order. Instead, the regular lottery will be conducted first, including all cap-subject petitions. Then, all unselected master’s petitions will be entered into the master’s lottery.

The USCIS is anticipating that this will increase the chances of master’s petitions being selected by 16%. Here is how that works.

Previously, the master’s cap would be conducted first, meaning that all cap-subject master’s petitions would be entered into the master’s lottery. If your petition was not selected, then it would be entered into the regular cap to compete with tens of thousands of petitions.

Under this new rule, the regular cap would be conducted first. Because it includes all cap-subject petitions (including master’s petitions), some master’s petitions will inevitably be selected in the regular cap without ever entering the master’s lottery. After that, all unselected master’s petitions will be entered into the master’s lottery, which will be smaller than it would be under the normal order since some master’s petitions have already been selected, shrinking the pool of potential petitions. Per DHS Final rule, this new policy will be in effect for H1B cap 2019-2020 season, starting April 1, 2019.

(2) Online Pre-registration

The USCIS is in the process of building and testing an online pre-registration system to make the H-1B lottery a more manageable process. Rather than submit a petition to enter a beneficiary into the lottery, employers will register their beneficiary with the USCIS database before the start of the filing window. To know more details on H1B Visa  check Trauma2011

Petitions will still be used, but only once a beneficiary has been selected in the lottery. However, the electronic registration requirement will be suspended for the fiscal year (FY) 2019-2020 H1B cap season. Here is how this system is expected to work in the future:

A. Employers will pre-register their alien workers with the USCIS several weeks before April 1st (they will announce the exact times if this rule is implemented this year). This will involve inputting the information about the workers into the database.

B. The USCIS will conduct the lottery and choose the beneficiaries that will go onto processing (still 65,000 for the regular cap and 20,000 for the master’s cap).

C. The employers of those that were selected will then file their petitions with the USCIS for processing along with the appropriate filing fees and supporting documents.

D. If the petition is approved, then the H-1B visa will be issued and the beneficiary’s start date will be October 1st of that same year.

Therefore, employers wishing to file petitions for H-1B workers would no longer need to file petitions in order to enter the cap. The USCIS states that this new system will help them expedite the H-1B process and avoid having to handle and sift through hundreds of thousands of petitions. This also prevents them from having to return the packets and fees to all unselected petitioners.

The USCIS memo states that this registration system is still being tested, and will not completed in time for the 2020 filing season. The USCIS also reserves the right to suspend the registration system any year that they encounter technical difficulties. Check back with this post later on to see what the status is on the new system.

Options After H1B Visa Denial When You Are In The United States

 H1B Visa

If you are in the U.S. and your employer files an I-129 petition, your employer is requesting any of the two things from the petition. First, your employer is requesting USCIS to change your immigration status from current status to a new, employment-based status. Second, your employer is requesting USCIS to extend your legal status in the United States. For H1B Visa Process Visit UT Evaluators

For example, F-1 visa student in US upon completing the study program wants to remain in the U.S. and work for a U.S. employer. To do so, the students can get approval for OPT and work under OPT status but what after the OPT validity expires.

Now the U.S. employer must file the I-129 petition to change the foreign national’s status from F-1 to H-1B (or other work visa status) and extend legal status.

If USCIS denies the I-129, employer can file a second I-129 petition on your behalf, and attempt to correct any flaws that USCIS found in the first petition.For more info on  H1B Visa  visit Icadl2013

Or, if the shortcomings cannot be corrected at this time, it may be possible to extend your F-1 status in order to remain in the U.S. legally (by opting a master’s program or another degree program).

H-1B Documents For A Green Card

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If you are planning on using your H-1B visa to make the transition to lawful permanent resident status through a green card, there is another list of documents to take into account.

A. You will need to have your employer submit an I-140 Immigrant Petition for Alien Worker along with all supporting evidence for the green card you are pursuing.

B. If you would like to use premium processing, you will need to file a new I-907 that is separate from any form filed as an H-1B document.

C. Once your petition has been approved and your priority date is current, you will need to submit an I-485 Application to Register Permanent Resident or Adjust Status. For H1B Visa Evaluation Visit here

Alternatively, if you go through consular processing, you will need the following documents:

A. Your passport and any expired passports

B A photo of you

C. Comprehensive evidence of your green card eligibility

D. Your resume

You will also need to complete a DS-260 online immigrant visa application and print out the confirmation page and the receipt before attending your consular interview.

US : No change in H1B visa system

Amid the H1B visa row in India, the US government on Friday said there has been no change in law regarding the H1B regime and the system continued to be as before.Acting Deputy Assistant Secretary for State for South Asia Thomas Vajda said no legislation has been passed so far on the particular category of visa. Check for H1B Visa Evaluation in UT Evaluators

“(There is) no change in the law today for H1B (visa) regime or system in the United States… President (Donald) Trump asked for review of the H1B system…but no steps have been taken. Many changes in law, so many cases, require changes of legislation. But so far no legislation has been passed on H1B. For the moment, the system remains as it has in the past,” Vajda told reporters after an interactive session with members of the Bengal Chamber of Commerce and Industry.

Following Trump’s election as US president on a protectionist platform, the US has announced stricter norms for issuing the H1B and L1 visas.India’s Commerce Minister Suresh Prabhu said in October that the issue of H1B and L1 visas, which have facilitated the entry of Indian IT professionals, has been raised strongly with Washington.Responding to a query regarding reducing pet coke imports from the US, Vajda said the US sees energy as the most potential area for increasing economic activities.

“The US is committed to increase energy export and support for India’s economic development,” he said.

Vajda said both the governments of India and the US have been hopeful and supportive for completion of contract between the Westinghouse Electric Company and the Nuclear Power Corporation of India to build six nuclear reactors in India.On the Rohingya refugee crisis, he said the US has been providing financial support for humanitarian purposes to the Bangladesh government through international organisations to help out over 600,000 Rohingyas who have fled to Bangladesh from Myanmar since August. H1B Visa Process Check here

“We also continue to urge the governments of Myanmar and Bangladesh to have conversations and discussions that will facilitate the safe, voluntary and dignified return of Rohingyas to Myanmar,” he added.

The US Citizenship and Immigration Services today said that it has returned all the petitions of H1-B visas

The US Citizenship and Immigration Services today said that it has returned all the petitions of H1-B visas, popular among Indian IT professionals, that were not selected in the computer-generated lottery system in April.

The US Citizenship and Immigration Services today said that it has returned all the petitions of H1-B visas, popular among Indian IT professionals, that were not selected in the computer-generated lottery system in April. The H1-B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China. H1B Visa Process Check UT Evaluators

The US Citizenship and Immigration Services (USCIS) said that it has returned all the unselected H-1B petitions for the fiscal year 2019, beginning October 1 which were submitted to the agency in April. The Congressional-mandated cap of 65,000 H-1B visas and another 20,000 in the advanced degree categories were reached within the first five days after the USCIS started accepting H-1B applications.

As an H-1B non-immigrant, the applicant may be admitted for a period of up to three years. The time period may be extended, but generally cannot go beyond a total of six years. However, there are some exceptions to it. On April 6, around 94,213 H-1B petitions were received in the general category and 95,885 in the advanced degree category, as a result of which the federal agency resorted to a computerised draw of lots to select the successful applicants. Petitions of those not selected have now been returned, the USCIS said. For H1B Visa Evaluation Visit UT Evaluators

The H-1B application process began from April 2 as the top federal agency temporarily suspended the premium processing of all such work visas subject to fiscal cap. The suspension of premium processing of all the H-1B petitions which are subject to the annual caps is expected to last until September 10, 2018.

During this time, the USCIS said it will continue to accept premium processing requests for the H-1B petitions that are not subject to the fiscal 2019 cap. According to the USCIS, between 2007 and 2017, it received the maximum number of 2.2 million H-1B petitions from high-skilled Indians. India was followed by China with 301,000 H-1B petitions during the same period.