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Announcing Clark Hill's Annual Physician Immigration Seminar in New York City!

August 7, 2013

On Saturday, August 17, 2013, Clark Hill PLC will be hosting a Physician Immigration Seminar and Question and Answer Session at the Radisson Martinique in New York, New York from 12:30 P.M. to 4:30 P.M. EST.  The event is free of charge and is designed especially for Foreign Medical Graduates completing training in J-1 or H-1B status.  Roberta Freedman and other Clark Hill Attorneys will provide practical advice to assist physicians in navigating the often complicated and complex immigration process.  The program will include a review of all types of J-1 waivers, information about H-1B visas for physicians pre and post-training, and a comprehensive discussion of green card options.

On the date of the event, registration will open at 12 P.M. for those physicians on J-1 visas who would like to hear about J-1 waiver options.  The portion of the Seminar discussing J-1 waivers will begin at 12:30 P.M.

Physicians on H-1B visas or those who do not need a waiver should register before 1:15 P.M.  The portion of the Seminar discussing H-1B visa issues will begin at 1:15 P.M.  An experienced Physician Recruiter, Don Buecker, will give valuable advice to the group and will be available to discuss job opportunities.

After the Seminar, there will be a lengthy Question and Answer Session followed by time for individual discussions with the Clark Hill attorneys.  Bring your CV and your questions, and we will stay and answer all of your questions.  If you have any questions about the event, you may contact ILW at 212-545-0818 or by e-mail at .



Venue Details and Map:  Radisson Martinique on Broadway – 49 West 32nd Street, New York, New York, 10001 on the corner of Broadway and West 32nd Street.  Additional details and a map of the area can be found here:

We hope to see you there!

Top tips to filing a successful STATE 30 ("Conrad 30")  J-1 Waiver

  • Virtually all State 30 Programs "open" October 1 every year, as this is when the government "fiscal year" commences – The exception is Texas, which normally accepts Applications beginning on one of the first days of September (this year the first day of the Application period is September 4, 2013).
  • Many State 30 programs have "Application Periods" that usually commence in October or November, and the program is "open" for Applications only for 30-120 days.  This means that there is limited time to file the J-1 Waiver Application and that these States are 'competitive' and normally receive more than thirty (30) Applicants for the thirty (30) slots.  Examples are: Florida, Arizona, Kentucky, New York, Illinois, Michigan.
  • Other States accept Applications beginning October 1 on a "first come, first serve d basis".  Year to year these States tend to fill up in the first 3-6 months and sometimes subspecialist slots are only awarded later in the year.  Examples are: C alifornia, Pennsylvania, Connecticut, Virginia, Maryland, Georgia, Massachusetts, Missouri, Iowa, New Mexico, Washington, State, Alabama, Indiana.
  • Other States utilize the 'first come, first served basis" policy, but typically do not "run out . " Examples are: South Carolina, North Dakota, South Dakota, Wyoming, Vermont, Rhode Island, Oregon, Washington, DC, Ohio, New Jersey, Nebraska, Wisconsin, Montana, Washington, DC.
  • If you wish to utilize the State 30 program, you should begin looking for employment in the winter/spring before you commence your last year of training.
  • This information is provided as guidance only, as many states change policies depending on many factors.  You should speak to a lawyer or have the prospective Employer contact the State Department of Health Officer to confirm this information.


Update on Comprehensive Immigration Reform and the Benefit to Physicians


The U.S. Senate passed the sweeping Border Security, Economic Opportunity, and Immigration Modernization Act (S.744) on June 27, 2013 by a decisive 68-32 vote.  The fate of this comprehensive bill and smaller "piecemeal" immigration legislation now rests in the Republican-controlled House of Representatives.  While it remains to be seen what, if any, of the proposed legislation will become law, it is certain that S.744 contains many benefits  to foreign-born physicians.  Below is a summary of some important provisions in the bill:

Changes to J-1 visas/waivers:

  • S.744 makes the Conrad State 30 Program a permanent part of the immigration law that does not need to be reauthorized every few years.
  • J-1 status for foreign medical graduates would allow "dual intent," i.e. the intention to become a permanent resident, similar to H-1B and L-1 visas.
  • Spouses and children of J-1 physicians would no longer be subject to the two-year home residency requirement.
  • The number of Conrad State 30 waivers available to a state could be increased depending on the usage of waivers in the previous year.
  • Physicians who received J-1 waivers would no longer be required to work in H-1B status but could work in any immigration status for which employment is authorized.
  • If the physician's J-1 waiver were denied under the Conrad State 30 Program because the state had used all of its slots for the year, the physician could obtain a six-month work permit if he or she agreed to seek a waiver in another state.  The physician could then continue to extend the work permit until DHS granted the change of status application.
  • A physician would not be obligated to claim extenuating circumstances in order to change employers during the three-year J-1 waiver commitment.  Instead, the physician could agree to work an extra year in a medically underserved area.

Changes to H-1B visas and green cards:

  • If a physician completed his or her residency/fellowship in cap-exempt H-1B status and a cap-subject employer filed an H-1B petition on his/her behalf, the physician's H-1B status would automatically be extended to October 1st.
  • Physicians who qualify for National Interest Waivers by completing five years of service in a medically underserved area or at the Veterans Administration would be granted green cards without regard to the numerical limitations.
  • Spouses and children of physicians would be exempt from the numerical limitations on green cards.
  • Per-country limitation on employment-based green cards would be eliminated, greatly reducing the wait time for physicians born in India and China.

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