Foreign Medical Professionals Facing Visa Issues

[Suze1 366]

Multiple doctors are having trouble getting expedited H1-B interviews in India, even with the exemption for covid/doctors.

Edited June 27, 2020 by Suze1

[SusieQQQ 11,584]

21 minutes ago, Suze1 said:

Multiple doctors are having trouble getting expedited H1-B interviews in India, even with the exemption for covid/doctors.

I don’t see anything in the proclamation that exempts medical professionals from the H1B ban (they are exempted from the ban on certain green cards). 
This is the list of exemptions in the latest proclamation (the section 2 referred to is the one banning H, J and L visas)

 

b)  The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;

(iii)  any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and

(iv)   any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/
 

Are you aware of another directive that they are exempt? I mean I agree they should be...but I don’t see it stated anywhere. 

[Suze1 366]

Here is the section of at least one of the EO's - (See what is in BOLD)

 

(b)  The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;

(iii)  any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and

(iv)   any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

 

Sec. 4.  Implementation and Enforcement.  (a)  The consular officer shall determine, in his or her discretion, whether a nonimmigrant has established his or her eligibility for an exception in section 3(b) of this proclamation.  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Labor, may establish in the Secretary of State’s discretion.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.

(i)   The Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security shall establish standards to define categories of aliens covered by section 3(b)(iv) of this proclamation, including those that:  are critical to the defense, law enforcement, diplomacy, or national security of the United States; are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; are involved with the provision of medical research at United States facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States.  The Secretary of State and the Secretary of Homeland Security shall exercise the authority under section 3(b)(iv) of this proclamation and section 2(b)(iv) of Proclamation 10014 to exempt alien children who would as a result of the suspension in section 2 of this proclamation or the suspension in section 1 of Proclamation 10014 age out of eligibility for a visa.

 

Don't remember the link for the above, might be the same as below, but here is one with similar language,  with the link -

 

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

 

Sec. 4.  Implementation and Enforcement.  (a)  The consular officer shall determine, in his or her discretion, whether a nonimmigrant has established his or her eligibility for an exception in section 3(b) of this proclamation.  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Labor, may establish in the Secretary of State’s discretion.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.

 

(i)   The Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security shall establish standards to define categories of aliens covered by section 3(b)(iv) of this proclamation, including those that:  are critical to the defense, law enforcement, diplomacy, or national security of the United States; are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; are involved with the provision of medical research at United States facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States.  The Secretary of State and the Secretary of Homeland Security shall exercise the authority under section 3(b)(iv) of this proclamation and section 2(b)(iv) of Proclamation 10014 to exempt alien children who would as a result of the suspension in section 2 of this proclamation or the suspension in section 1 of Proclamation 10014 age out of eligibility for a visa.

 

 

Edited June 27, 2020 by Suze1

[SusieQQQ 11,584]

3 minutes ago, Suze1 said:

.

Sec. 4.  Implementation and Enforcement.  (a)  The consular officer shall determine, in his or her discretion, whether a nonimmigrant has established his or her eligibility for an exception in section 3(b) of this proclamation.  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Labor, may establish in the Secretary of State’s discretion.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.

(i)   The Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security shall establish standards to define categories of aliens covered by section 3(b)(iv) of this proclamation, including those that:  are critical to the defense, law enforcement, diplomacy, or national security of the United States; are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; are involved with the provision of medical research at United States facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States.  The Secretary of State and the Secretary of Homeland Security shall exercise the authority under section 3(b)(iv) of this proclamation and section 2(b)(iv) of Proclamation 10014 to exempt alien children who would as a result of the suspension in section 2 of this proclamation or the suspension in section 1 of Proclamation 10014 age out of eligibility for a visa.

Ok ...assuming that applies here, has the Secretary of State etc established the standards they’re talking about? That may be what they are waiting for. If there is going to be a formal  set of guidelines, the embassies will need to know what those are before they can interview /approve or deny.

[Suze1 366]

Exactly.

DHS/USCIS and Labor have approved some of them and are waiting for the embassy to schedule their interviews.

Some in India said that they expect things to happen in a couple of weeks (mid/late July).

 

Some others are still waiting for premium processing at the DHS/USCIS petition approval level.

This is for 20 doctors I am aware of, in various countries.

Feel bad for them.

Edited June 27, 2020 by Suze1

[Suze1 366]

@SusieQQQ BTW - The other doctor  colleague I mentioned in another topic, got successfully processed and left NYC Wednesday for a new position at U of Penn med.

[SusieQQQ 11,584]

1 minute ago, Suze1 said:

@SusieQQQ BTW - The other doctor  colleague I mentioned in another topic, got successfully processed and left NYC Wednesday for a new position at U of Penn med.

Processed within the US if he was from nyc? The ban only applies to those seeking visas from outside the US, so that makes sense.

[Suze1 366]

Was not ban related, was processing related....

[Suze1 366]

@SusieQQQ Update

A group of the doctors have RFE's headed their way. Looks like at the USCIS/H-1B stage, as the RFE's are going directly to the VA.

Dat ain't good.

And doctors who have already passed that stage (have USCIS Petition approval) are not getting interview dates, now.

So, yeah....guidance at DOS - or lack thereof - might be the issue.

Waiting to hear more...

Edited June 30, 2020 by Suze1

[Suze1 366]

This just in....

H-1B doctor applicants are getting emergency interview appointments in India again! Not all locations/consulates, but some have started.

Maybe covid-driven??

Either way, this is a good thing.

Edited July 11, 2020 by Suze1

[Suze1 366]

Per US State Department Twitter Account

 

 

Travel - State Dept @TravelGov Jun 23

 

Q: I am a physician. Am I exempt?

A: Physicians applying for a J visas are not subject to the proclamation. Physicians seeking to enter the U.S. on an H1B or L visa to provide medical care, or are involved in research related to COVID-19, may be considered for exceptions.

[Suze1 366]

Emre Can Ozcekirdek, MD

 

@Ozcekirdek

 

I am an internal medicine resident and will directly involve the care of COVID19 infected patients.

My H1B visa was put on under administrative processing until they receive clear instructions from @TravelGov.

@DHSgov @StateDept #RecognizingResidents #MedTwitter @ECFMG_IMG

 

 

[Suze1 366]

This Just In -

 

A physician in India JUST got their emergency interview appointment for H-1B interview scheduled.

Is scheduled for next week!!!!

 

So, India is scheduling interviews....as of July 15th, as mentioned on their twitter feed.

That is GREAT NEWS!

 

Now, we will see if they are also going to issue visas promptly or throw people into Administrative Processing limbo...

 

[Suze1 366]

UPDATE:

Physician colleagues in India are getting their H-1B visas!!!

Some have booked their flights and are headed this way this and next week!!!

 

 

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