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nick80

EB1 For Doctors in the Proposed Bill?

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The new bill that has been proposed (not yet law, long ways to go) has an interesting bit of info for doctors:

"Exempt the following categories from the GC quota: EB-1 immigrants, doctoral degree holders, physicians who have completed the foreign residency requirement, and derivatives." Also, certain physicians.

So does it mean that this bill will only be beneficial for those who finished a US residency program on a J1 visa???? How about those who finished their residency on a H1B or L2 EAD???? And what does "certain physicians" mean? Does it mean only certain specialties or something else?

Would someone currently in final year residency be able to apply, if bill passes congress and signed by president? Can physicians expect to receive GC within 6 months like a lot of strong EB1 applicants do now?

Hope Murthy firm can address this whenever they release their analysis of the bill. Usually, the doctors are tended to be ignored in the newsletters. Thank you.

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It appears that the "certain physicians" exempt from the fiscal year employment based immigration visa limitations in the proposed legislation are described as follows:

‘‘Alien physicians who have completed the foreign residency requirements under section 212(e) or obtained a waiver of these requirements or an exemption requested by an interested State agency or by an interested Federal agency under section 214(l), including those alien physicians who completed such service before the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.’’

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The bill adds some categories that can self petition and are quota exempt. (They are not technically part of EB-1). This includes:

-M.D.s who complete a 3 year J-1 waiver

-M.D.s who complete the 2 year home residecny requirement after coming on a J-1

-M.D.s who completwe a 5 year NIW under EB-2

I don't think the broad language in the bill will survive into law. However, if this passes, it may make the rule that H-1 is better than J-1 obsolete.

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"Visa number exemptions would also apply to the EB1 category and to certain physicians and PhD holders"

Can Murthy firm please elaborate in Part 2 of its weekly Newsletter what the above means for M.D.'s who have completed their 3 year medical residency in an H1B or EAD category? Will M.D.'s who completed their 3 year residency be able to apply for a GC in the EB1 category also, if the new bill is passed?

Does the PhD category include PhD's from outside the US also? Thank you.

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Will M.D.'s who completed their 3 year residency be able to apply for a GC in the EB1 category also, if the new bill is passed?

Not as currently written.

Does the PhD category include PhD's from outside the US also? Thank you.

Yes (as of know).

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