The H-1B Cap and International Physicians
Each year at the beginning of April, employers line up like contestants in a race to file H-1B petitions so that they can secure the services of foreign-born professionals.
The H-1B visa provides temporary work status for professionals (including, in some cases, physicians) who are filling jobs that have a minimum requirement of a Bachelor’s degree.
U.S. immigration law permits employers to employ 85,000 new “cap-subject” H-1B foreign-born professional employees each fiscal year. This year, the U.S. Citizenship and Immigration Services (USCIS) started accepting H-1B petitions subject to the numerical cap on Tuesday, April 1 for workers who will be authorized to start their jobs at the beginning for the government’s 2015 fiscal year, which starts on October 1, 2014.
In a sign that hiring nationwide is increasing, the 2014 cap was reached on April 7th.
What Does This Mean For Physician Recruiting Professionals?
First, keep in mind that physicians who entered the U.S. on J-1 visas, subsequently obtained a waiver of the two-year home residency rule, and then obtained an H-1B through their employer are not subject to the cap.
But what about physicians who are completing their medical residencies and fellowships in “cap-exempt” H-1B status? These physicians can be immediately recruited to a “cap-exempt” employer.
Physicians are considered to work at cap-exempt employers in the following five instances:
- If they work “at” a university. Note they only have to work at the university, not for the university. A physician working at the university who is actually employed by a staffing company such as Cogent or Em Care is considered cap-exempt.
- If they work at (not necessarily for) a non-profit institution affiliated with a university.
- If they work at a non-profit institution related to a university. This category is somewhat difficult to define, but the rule of thumb is that if the institution has been able to petition for cap exempt H-1B candidates in the past it should be able to do so now.
- If they work for a government research institution, such as the National Institutes of Health (NIH)
- If they work for a private, non-profit research institution, such as City of Hope.
Keep in mind that a physician who already is in cap-exempt H-1B status is able to switch to another cap-exempt employer.
H-1B “filing season” offers a reminder that with any foreign-born physician candidate, it is a good idea to make sure they have a clear path to a work visa and a green card on the front end of the recruiting process. Readers who have any questions regarding foreign-born physicians they may be working with are welcome to contact me at carl@shusterman.com or by calling 213-623-4592, extension 0.
Latest News
Rural Physician Recruiting Challenges and Solutions
Rural hospitals and healthcare facilities face unique physician recruitment challenges, from financial struggles to geographic limitations. Our comprehensive white paper, Rural Physician
The Physician Retention Crisis: 10 Proven Strategies to Strengthen Your Workforce and Reduce Turnover
As we enter 2025, it has become clear that both healthcare organizations and the medical professionals they employ coexist within newly defined needs and expectations.
13 Keys to Effective Physician Recruiting
Physician retention is critical for maintaining top-tier healthcare services, especially amidst physician shortages and increasing demand. With our 13 Keys to Effective Physician Recruiting white
The Growing Dentist Shortage: Challenges, Trends, and Recruitment Strategies
The dental industry is facing an increasingly dire workforce shortage. While demand for dental care continues to rise, the supply of practicing dentists is struggling to keep pace. This growing
Physicians Are Aging Out of the System
Of the approximately 860,000 physicians in the U.S. who in active patient care, 30% are 60 or older, while 23% are 65 or older, according to the Association of American Medical Colleges (AAMC).&
Expertise, Stability, and Customized Solutions: The AMN Healthcare Physician Solutions Advantage
Even in an industry marked by frequent turnover, the foundation of our principles, processes, and dedication to excellence remains unshaken. This stability ensures that we continue to offer our
The Cost of Physician Turnover: How It Impacts Your Bottom Line and What You Can Do About It
As leaders of the healthcare delivery team, physicians play a decisive role in maintaining and enhancing the quality of care patients receive in medical offices, hospitals, urgent care centers,
10 Keys to Physician Retention
Unlock actionable insights and practical strategies to retain your top physician talent with our new white paper, 10 Keys to Physician Retention.
