H1b Caps for IMG Residents / Physicians ?
Blame the poor U.S. economy on this one....
Like I have mentioned on this blog before, H1B visas are of two types - cap-exempt (for jobs with non-profits and government sectors) and capped (for jobs with for-profit companies). Since most hospitals are non-profit organizations, physicians usually got under the non-capped H1b visas. But since the U.S. economy tanked and jobs got scarce, the 65,000 + 20,000 quota for capped-H1b visas has gone largely unfilled. These visas have much higher filling f
ees and loss of these fees probably prompted the USCIS last year to shift IMG doctors into the capped category - with two exceptions, mentioned later.
So what's the problem with that ? The higher fees are a non-issue, since they have to be paid by the employers - but the fact H1b visas that are filed under the cap can only start work on 1st October ! Residencies typically end by June - July. Which means an IMG resident completing residency and seeking an H1B job will be out of status until October 1st and will have to go back to his/her home country, get the new visa stamp and fly back near start date. And we know that there is always a small risk of rejection at local country consulates....
Last year when the change was announced, an exception made was University-owned hospitals. This year, thankfully, an additional exception was added - University-affiliated hospitals. IMGs seeking H1b positions in other hospitals will fall under the cap...
Click Here to read the latest H1b cap-exemption policy...
Two More quick points:
1. Residents on J1 visas who will be applying for J1-waiver jobs - remember that J1-waiver jobs are done under H1b visas, so this will probably apply to them too. Hence a wise thing to do would be apply for jobs at Hospitals are the University owned or closely affiliated with Universities...your immigration lawyer should be able to help.
2. While residencies and Fellowships are currently themselves exempt from H1B caps - USCIS has been considering putting these under caps too and may change...(hopefully unlikely)
Like I have mentioned on this blog before, H1B visas are of two types - cap-exempt (for jobs with non-profits and government sectors) and capped (for jobs with for-profit companies). Since most hospitals are non-profit organizations, physicians usually got under the non-capped H1b visas. But since the U.S. economy tanked and jobs got scarce, the 65,000 + 20,000 quota for capped-H1b visas has gone largely unfilled. These visas have much higher filling f
ees and loss of these fees probably prompted the USCIS last year to shift IMG doctors into the capped category - with two exceptions, mentioned later.So what's the problem with that ? The higher fees are a non-issue, since they have to be paid by the employers - but the fact H1b visas that are filed under the cap can only start work on 1st October ! Residencies typically end by June - July. Which means an IMG resident completing residency and seeking an H1B job will be out of status until October 1st and will have to go back to his/her home country, get the new visa stamp and fly back near start date. And we know that there is always a small risk of rejection at local country consulates....
Last year when the change was announced, an exception made was University-owned hospitals. This year, thankfully, an additional exception was added - University-affiliated hospitals. IMGs seeking H1b positions in other hospitals will fall under the cap...
Click Here to read the latest H1b cap-exemption policy...
Two More quick points:
1. Residents on J1 visas who will be applying for J1-waiver jobs - remember that J1-waiver jobs are done under H1b visas, so this will probably apply to them too. Hence a wise thing to do would be apply for jobs at Hospitals are the University owned or closely affiliated with Universities...your immigration lawyer should be able to help.
2. While residencies and Fellowships are currently themselves exempt from H1B caps - USCIS has been considering putting these under caps too and may change...(hopefully unlikely)
Labels: H1b Cap
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Is ur mindset flexible enough to
?
posted by Digitaldoc, MD at 5:36 PM
2 comments
