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Immigration for IMGs

A Step by Step Guide


Immigration Attorney Carl Shusterman
Los Angeles, CA

Visa Options For Residents & Fellows

J Status
H-1B Status
Permanent Residence

and Other Options

Courtesy of the

Law Offices of Carl


Shusterman

Medical Residency/Fellowship
on J-1 Status

Passage of USMLE,

Parts I and II
Acceptance to Program
Form DS-2019
Apply for Change of
Status in US or for J
Visa Abroad

Courtesy of the

Law Offices of Carl


Shusterman

Consequences of J Status for IMGs

2-Year Home Residency

Requirement

Must return to Country of


Nationality or Last Residence for
2 years before obtaining H or L
visa or Green Card

Courtesy of the

Law Offices of Carl


Shusterman

Medical Residency/Fellowship
on H-1B Status

Passage of USMLE, Parts I, II & III


Acceptance to Residency Program
H-1B Petition

Courtesy of the

Law Offices of Carl


Shusterman

How to Obtain a J Waiver


Persecution
Exceptional Hardship
To USC/LPR Spouse
To USC/LPR Child (under
21 & unmarried)
Interested

Governmental Agency
(IGA)

Courtesy of the

Law Offices of Carl


Shusterman

J Waiver Through
Exceptional Hardship

Procedure

Submit Application to CIS


Exceptional hardship?
State Department Review

Benefits

No three-year commitment
No HPSA/MUA/MUP/VA

Courtesy of the

Law Offices of Carl


Shusterman

J Waivers: Interested
Governmental Agencies

Federal Agencies
ARC
VA
HHS
DRA
Conrad State

Programs
Courtesy of the

Law Offices of Carl


Shusterman

Procedure For Clinical


IGA Waivers

Job Offer in HPSA/MUA/MUP/VA


Recommendation From IGA
State Department
Check

Status Online

Approval From USCIS


Change of Status to H-1B

Courtesy of the

Law Offices of Carl


Shusterman

J Waiver Requirements
Work as H-1B for 3 Yrs

in HPSA/MUA/MUP/VA

Change of

Employment
When to Apply for
Permanent Residence

Courtesy of the

Law Offices of Carl


Shusterman

Extraordinary Ability (O-1) Status

Extraordinary Ability

Petition must include:

Written contract
Major prize/award or
Meet 3 of 8 factors

Courtesy of the

Law Offices of Carl


Shusterman

Permanent Residence
Employment Options

PERM
National Interest

Waiver

Courtesy of the

Law Offices of Carl


Shusterman

The Law (1999)


The Regulations (2000)
The Lawsuit (2005)

Obtaining Permanent
Residence Through PERM

PERM
Visa Petition (I-140)
Application for

Adjustment Of Status
(I-485)
Concurrent Filing
Consular Processing
Courtesy of the

Law Offices of Carl


Shusterman

Obtaining Permanent Residence


Through National Interest Waiver

Submit I-140 to USCIS


5-year Commitment
Change of Employment
Submit I-485 to USCIS
Concurrent Filing
Work/Travel Permits for

MD/Spouse/Children

Courtesy of the

Law Offices of Carl


Shusterman

Permanent Residence
Other Options

Through EB-5 Investment


Through Family Categories

Through Spouse
Through Parents
Through Siblings
Through Adult Children

Through Visa Lottery


Through Spouses Job

Courtesy of the

Law Offices of Carl


Shusterman

Immigration Reform Bill in Congress


Would make the Conrad 30 program permanent
Would make J status dual intent
Would exempt spouse/children from 2-year rule
Would make it easier for H-1B MDs to change jobs
Would eliminate per-country quotas
Would provide a faster route for green cards to

physicians and their families


Courtesy of the

Law Offices of Carl


Shusterman

Finding IMG Resources Online


http://shusterman.com

We Link to

Courtesy of the

Law Offices of Carl


Shusterman

Governmental Sites
Conrad 30 Programs
HPSA/MUA List
ECFMG/USMLE
Job Opportunities

How to Keep Current


Physicians
Immigration Guide
Social Media

Courtesy of the

Law Offices of Carl


Shusterman

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