PHYSICIANS

Certain Physicians, applying for a Green Card, are EXEMPT from USMLE testing requirements

RSA — Thu, 19 Oct 2006 14:41:25 -0400

It is important that physicians who are considering applying for a green card remember that there are certain circumstances under which they may not have to first pass USMLE. There are certain exempt categories. For example, if a physician qualifies as an alien of extraordinary ability or as an outstanding professor or researcher, passage of the USMLE exam is not necessary. Of course, whether the USCIS requires that the physician have passed USMLE is a separate requirement from the requirements imposed by State licensing authorities.

Second, the USMLE requirement only applies if the physician will be involved in patient care. "Researchers, teachers, etc. are not subject to this requirement." Third, the USMLE requirement does not apply if the physician was fully and permanently licensed to practice medicine in a State of the U.S. on January 9, 1978, and was practicing medicine in a State of the U.S. on that date.

Because passing the USMLE may be time consuming, it is important that physicians who are considering applying for a green card be aware of these alternatives.

These point are reiterated in a USCIS Memo by Michael Ayets, Acting Associate Director, Domestic Operations, UCSIS, dated September 12, 2006, which revises Chapter 22 of the Adjudicator's Field Manual (AFM), as follows:

(5) Petition for a Physician Which Is Supported by Individual Labor Certification.

Section 212(a)(5)(B) excludes alien physicians who are coming to the United States principally to perform services as a member of the medical profession unless they have passed parts I and II of the National Board of Medical Examiners Examination (NBME exam) or an equivalent exam as determined by the Secretary of Health and Human Services and they are competent in written and oral English. However, this exclusion ground only applies to alien physicians seeking admission as an alien classified under section 203(b)(2) or section 203(b)(3) of the Act. In addition, the definition of "graduates of a medical school" in section 101(a)(41) excepts aliens who are of national or international renown in the field of medicine. Therefore, if a physician qualifies under section 203(b)(1) as an alien of extraordinary ability or an outstanding professor or researcher, passage of the NBME exam is not necessary. Physicians who are immigrating under sections 203(b)(2) or 203(b)(3) are required to pass the NBME exam. However, the DOL regulations require passage of the exam to obtain a labor certification. Therefore, if the alien has an individual labor certification, he has already demonstrated compliance with this requirement to the DOL and does not have to submit evidence of it with the I-140.

That leaves the physician immigrating under section 203(b)(2) who is requesting a waiver of the job offer requirement in the national interest. Such an alien does not have an individual labor certification and, therefore, must submit evidence of passage of the examination with the I-140. Remember, this only applies if the physician will be involved in patient care. Researchers, teachers, etc. are not subject to this requirement. In addition, the exclusion ground does not apply if the alien was fully and permanently licensed to practice medicine in a State of the U.S. on January 9, 1978, and was practicing medicine in a State of the U.S. on that date.

Physicians

RSA — Thu, 19 Oct 2006 17:19:28 -0400

PHYSICIANS applying for U.S. visas, and U.S. Permanent Residency (green cards), have special requirements and issues that must be addressed, which apply exclusively to physicians. This section is dedicated to addressing the special needs of physicians in U.S. Immigration matters.

USCIS Announces Processing Changes for Waivers of 2 Year Home Residency Requirement

RSA — Thu, 21 Dec 2006 20:32:09 -0500

On 12/19/2006, the USCIS announced Processing Changes for Waivers of 2 Year Home Residency Requirement (which applies to certain individuals who held J exchange visitor status in the U.S.). First, as of 11/1/2006, the USCIS "Nebraska, Texas and Vermont Service Centers began forwarding to the California Service Center any new filings of Form I-612, Application of Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act (INA), as amended, that are based on claims of exceptional hardship or persecution." Second, "effective October 10, 2006, all INA 212(e) waiver recommendations received by USCIS from the Department of State (DOS) based on a “no objection” statement from the individual’s home country, a request by an interested United States government agency, or a request by a State Department of Health (State Conrad 30) are being forwarded to the Vermont Service Center (VSC) for processing."The USCIS Press Release was as follows, in relevant part:

USCIS Announces Processing Changes for Waivers of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act (INA) Beginning November 1, 2006, the U.S. Citizenship and Immigration Services (USCIS) Nebraska, Texas and Vermont Service Centers began forwarding to the California Service Center any new filings of Form I-612, Application of Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act (INA), as amended, that are based on claims of exceptional hardship or persecution. This transfer is being implemented as part of the ongoing USCIS initiative to use centralized processing to streamline the adjudication process. It is not necessary for individuals who previously filed an I-612 to file a new application in connection with this change of procedure. New applicants seeking a waiver of the foreign residence requirement based on claims of exceptional hardship or persecution should continue to file Form I-612 with the Service Center having jurisdiction over the applicant’s place of residence, in accordance with the existing filing instructions.

Furthermore, effective October 10, 2006, all INA 212(e) waiver recommendations received by USCIS from the Department of State (DOS) based on a “no objection” statement from the individual’s home country, a request by an interested United States government agency, or a request by a State Department of Health (State Conrad 30) are being forwarded to the Vermont Service Center (VSC) for processing. This procedure was developed to allow for the majority of these cases to be adjudicated in a paperless environment in an effort to streamline the adjudication process. Waiver recommendations based on these three eligibility categories are electronically transmitted from the DOS to the VSC, and included in USCIS’ electronic case management system as a Form I-612. Following the review of DOS’ recommendation and completion of requisite security checks, the Service Center will issue a decision on the waiver request.