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Conrad 30 Program, Recent Trends and The Improvement Act

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A move is underfoot to expand the Conrad 30 program, which offers 30 J-1 visas per state to foreign physicians. Currently, Florida, New York, Texas, and California are among the most popular states. These states fill up fast, often within days. Each state has different requirements. Many states begin to accept applications in the fall, particularly with the start of the fiscal year in October.

Each state asks applicants to submit unique application materials. These are separate from those required by the U.S. Department of Health and Human Services and the U.S. Department of State. Applicants should contact their state’s department of public health or department of health care services for specific details. Rules and fees for state programs may change. The Texas Conrad 30 J-1 Visa Waiver rules are set to be amended in 2013.

States have different preferences for types of physicians. California has a critical need for primary care physicians, which include internist, family practice, pediatrician, psychiatrist, and OB/GYN. The California J-1 Visa Waiver Program does not accept applications from specialists.

Since the Conrad 30 program’s inception in 1994, the program has proved a success and received widespread bipartisan support. Across the country, particularly in states with aging rural populations, foreign physicians have helped alleviate the growing medical shortage. In addition, the larger number of medical professionals has allowed U.S.-trained physicians to pursue specializations.

In May 2012, President Obama signed a bill to extend the Conrad 30 program for three years to 2015. Yet S. 1979, the Conrad State 30 Improvement Act, a bill introduced in December 2011, would do far more. Both the American Hospital Association and American Medical Association have voiced support for the Improvement Act. This bill would make the Conrad 30 program permanent. It would also allow state health departments to fill 30 more slots per year if they could demonstrate that populations in need were being underserved. In addition, the bill would open the program to physicians on H-1B visas, improve employment contract terms, and excuse physicians who complete their service requirement of three years from H-1B visa caps and six-year limits.  Contact our office at 916-613-3553 to learn more about the Conrad 30 program.

Georgia License Renewal Law Causes Slowdown for Immigrant Doctors

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Immigrants who work as doctors, nurses, and other licensed health care professionals are experiencing business delays as a result of Georgia’s license renewal law, the Illegal Immigration Reform and Enforcement Act of 2011. Some offices have reported that medical professionals have had to stop seeing patients.

The law, which went into effect in January 2012, requires all individuals applying for a new business license or renewal of an existing license to submit “Secure and Verifiable Documents” with license applications. The list of such documents includes a U.S. Permanent Resident Card or Alien Registration Receipt Card; an Employment Authorization Document with a photograph of the bearer; and a passport issued by a foreign government. All Secure and Verifiable Documents must be reviewed by either a member of the Georgia Composite Medical Board, which reviews licenses for doctors, or the Georgia Secretary of State, which reviews licenses for nurses, pharmacists, and psychologists. The state currently requires applicants to submit copies of specific materials, but has no way of verifying whether the documents are genuine.

Over 100,000 individuals are applying for new licenses or license renewals. This has caused both offices to see a considerable slowdown in processing times. Before the law was passed, applicants were able to submit their information online and get a response within a few minutes or a few days. Now, the average wait time for a complete application is approximately 17 days for nurses and 10 days for doctors. Incomplete applications take much longer. A new license application for a doctor can take up to three months.

So far, the state has not identified any applicant living and working in the state illegally. Doctors told legislators that the law created needless paperwork and delays early on. They urged legislators to amend the law. Legislators were unsuccessful in doing so in the Legislature’s most recent session. Legislators are scheduled to address the issue again in the next session.

The law has the potential to cause serious problems for hospitals and practices. Professionals without licenses might not be considered eligible for insurance coverage and could experience difficulty defending against liability claims. Furthermore, since Immigration Law is federal law, state officials do not have the knowledge or experience to comprehend complex immigration regulations. Additionally, there is a danger that local officials will not be able to determine whether a document is “secure and verifiable”. The law is also redundant and unnecessary. Employers are already required to verify documentation for employment. Contact our office at 415-986-6186 to learn about your immigration options.