Immigration For Doctors

How does a foreign doctor come to the US?

We believe that immigrants are a critical piece of our nation's past and the future. Welcome to Healthcare Law Partners.

US Visas for Doctors – Doctors who are seeking work the US should bear in mind that there are special licensing requirements. It is important to start planning before the completion of medical school. Getting an H-1B visa is not always easy and even getting H-1B status is not free from problems. But Given today's COVID-19 environment, those barriers have been reduced and a permanent EB-2 NIW visa is very possible. Foreign national physician should be able to get employment authorization in the US, especially in medically underserved areas or health professional shortage areas.

EB-2 National Interest Waiver Green Card

There is another option available for those who hold an advanced degree (Master's, Ph.D or an MD), this is a great new avenues for obtaining a green card. Given today's COVID-19 environment, these National Interest Waiver green cards have become more accessible than ever.

H-1B Visas and clinical practice

H-1B is another possiblity, the Physician generally must meet a number of requirements including the following:

  1. You must have a license or other authorization required by the state where you will practice;
  2. You must have an unrestricted license to practice medicine in your country or have graduated from a foreign or US medical school; and
  3. You must passed the appropriate examinations.

Licensing

All states require physicians to be licensed to practice medicine, including physicians working in residency or fellowship programs. The H-1B requirements of the 1990 Act also require a physician to show that he or she possesses a state license “or other authorization” in order to perform patient care as well as a full and unrestricted license to practice in a foreign country or proof of graduation from a foreign medical school.
Note that some states will not issue a license without proof of the issuance of a visa.

Examinations

As noted above, a physician needs to have passed one of the required medical examinations:

Federation Licensing Examination (FLEX) parts I and II, or an “equivalent examination as determined by the Secretary of Health and Human Services”;
National Board of Medical Examiners (NBME), Parts I, II and III;
or The United States Medical Licensing Examination (USMLE), Steps 1, 2 & 3

For many years, the USMLE has been the exclusive examination.

Physicians are also required to document competency in English and passage of the Test of English as a Foreign Language will suffice for this purpose.

Exceptions

Doctors who have graduated from US medical schools only need to show they have graduated from a US medical school and that they possess the appropriate state license. Also, most of the above requirements above are waived for doctors who are of national or international renown in their area of specialization and who have graduated from a foreign medical school.

Healthcare General Counsel's Need Support from Outside Hospital Attorneys

Often Healthcare General Counsels/Inhouse Counsels are the inside fire fighters in healthcare organizations. Their value comes from their ability to predict and quell internal issues that have a multitude of ramifications. In order for them to be effective they must be able to off-load three types of work: 

– Complex, unique and time consuming document drafting,

– Redundant and repetitive document drafting, and

– Conflicts i.e. litigation or investigations, continuing in the outside world.

These are highly time consuming tasks, that General Counsels do not have time for while they are steering a ship. This is where Healthcare Law Partners can be most helpful, and earn your business.

If you are looking at this website, it is because you have a need:

  1. To speed-up contract review (or to free-up the contract clog);
  2. To understand the rights and obligations, limits and restrictions in a contract that will affect the future. Gain a better understanding of what is a high risk versus low risk contractual provision; 
  3. To know whether you are in compliance with Stark Laws and the Anti-kickback Rules, or understand the potential risk to your license; 
  4. To defend or assert a legal claim in court, or if you just want a second opinion on your case. 

The healthcare triangle is not easy to navigate through, and you need an outside counsel to help you deliver what you promised the operations team.

Today's requirements upon healthcare organizations and post-acute care facilities are mounting, from taking care of patients, keeping up with ever changing protocol, to maintaining health records, and making sure you get a fair reimbursement for the services provided. Most inhouse counsels need well rounded attorneys on the outside that can also provide specialized knowledge about the healthcare industry, patient protocol, financial strategies, and the law.

If you are an inhouse healthcare general counsel looking for specialized focus any of the following:

  • Management Services Organization Agreement
  • Accountable Care Organization Agreement
  • Employment Agreements
  • Use of Non-Competition Covenants in Physician Employment Agreements
  • Professional Liability Insurance and Risk Management
  • Hospital Joint Ventures and Co-Management Arrangements Stark Law and Stark Law Exceptions
  • Personal Services Arrangements
  • Fair Market Value of Services Rendered
  • Rental of Office Space and Equipment, Timeshares and Leases
  • Medicare Shared Savings Programs – ACO's and ACO Waivers
  • Self-Referral Disclosure Protocol
  • Anti-Kickback Statutes and Safe Harbors
  • Civil Monetary Penalties
  • HIPAA and Privacy Rules and Regulations
  • Telemedicine
  • Mergers and Acquisitions – Partnership Buy-In and Buy-Out
  • Sale and Purchase of Medical Practice
  • Tax Implications in M&A Activities, and in selection of an Entity
  • Practice Breakups and Physician Departures
  • Reimbursement of Physician Services
  • Physician-Hospital Relationships – Medical Staff
  • Hospital Privileges and Disciplinary Actions
  • Professional Liability Insurance and Risk Management
  • Physician Joint Ventures and Co-Management Arrangements
  • Use of Non-Competition Covenants in Physician Employment Agreements
  • Discrimination and Labor Law
  • Physician Recruiting Agreements
  • Hospital Ancillary Services
  • In-office/Hospital Dispensing of Drugs
  • Concierge Care
  • Inhouse Legal Counsel Overflow Work our Firm maybe the right fit for you.

Resource:

Health Care Worker Certification

 

To find out more on how you can put Ben's team to work for you, click call/ text 954-445-5503.

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If you are a physician, nurse, dentist, pharmacist, hospital, physician group, or medical lab looking for legal advice then you’ve reached the right site. Today’s healthcare environment is riddled with complex issues of professionalism, market strategy, and the law. Contact us now!

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