Answer The NIW and the J-1 (Conrad) waivers serve two different purposes. The NIW is a green card filing that waives the requirement of a PERM labor in the GC process. The Conrad 30 waives the J-1 2-year home residency requirement (HRR) for physicians. People subject...
The U.S. Citizenship and Immigration Services (USCIS) has adopted a decision of the Administrative Appeals Office (AAO) addressing the requirements for medical specialists seeking a physician-specific national interest waiver (NIW). This solidifies a long-standing practice by the USCIS, which allows all physicians, both primary care...
Answer As a general rule, people who are subject to the 2-year HRR cannot change status from within the United States. But, they may be eligible to obtain certain visas from outside the U.S. to allow for a status change through consular processing. (11.Apr.2016)In frequent sessions...
Answer There is not a nurse-specific nonimmigrant category. This is a long-standing problem. Some (but certainly not all) RNs qualify for H1B status. They must have bachelor's degrees and work in the limited types of nursing jobs that require the 4-year degree as a minimum requirement....
The U.S. Citizenship and Immigration Services (USCIS) has confirmed that the Vermont Service Center (VSC) is experiencing delays in issuing J-1 waiver approval notices. This is creating problems for J-1 physicians who need these notices from the VSC in order to proceed with the waiver...
On July 11, 2014, the U.S. Citizenship and Immigrant Services (USCIS) issued a policy memorandum that provides updated guidance to adjudicators to determine whether a particular nursing position meets the H1B category's specialty occupation requirement. This issue was last addressed by the USCIS in 2002. The...
In March 2014, the Citizenship and Immigration Services (CIS) Ombudsman recommended a U.S. Citizenship and Immigration Services (USCIS) policy change regarding the narrow interpretation of a provision in the law that impacts J-2 spouses of J-1 physicians. Under the USCIS interpretation of the law, these...
Answer: A person in H-1 status could convert to J-1 for a medical residency. The issue with the change to J-1 is that it does not have premium processing as an option. So, timing is an issue. If the program starts before the J-1 can be...
There is an important change of status restriction on J-2 dependents of J-1 international medical graduates (IMGs). The following NewsBrief from the Murthy Law Firm discusses this nuance, which may otherwise come as a surprise to a J-2 spouse who seeks to transition to a...
This article addresses a concern that was raised in a recent MurthyChat session, regarding changes of employment for those working in H1B status in cap-exempt employment. Readers who wish to transition from H1B cap-exempt employment to cap-subject employment are advised that it is necessary to...
