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Immigration News
Extended period of stay for F-1 students
April 8, 2008
Currently, foreign students in F-1 nonimmigrant status who
have been enrolled on a full-time basis for at least one full academic
year in a college, university, conservatory, or seminary certified by
U.S. Immigration and Custom Enforcement's (ICE's) Student and Exchange
Visitor Program (SEVP) are eligible for 12 months of optional practical
training (OPT) to work for a U.S. employer in a job directly related to
the student's major area of study. This interim final rule extends the
maximum period of OPT from 12 months to 29 months for F-1 students who
have completed a science, technology, engineering, or mathematics
(STEM) degree and accept employment with employers enrolled in U.S.
Citizenship and Immigration Services' (USCIS') E-Verify employment verification
program. ...
H-1B race begins soon...will the quota increase in the future?
February 14, 2008
On 01 April 2008, the gates will open for H-1B applications. H-1B visas are one of the most highly sought-after
visa category for employers wishing to hire skilled foreign workers for positions in the United States.
The question remains whether the landscape for an H-1B visa increase will become more favorable as America
gears up for the 2008 presidential election.
...
Testimony of Stephen A. “Tony” Edson
Deputy Assistant Secretary of State for Visa Service
February 7, 2008
Thank you very much, Chairman Baird and members of the Committee, for allowing
me the opportunity to give you an update on the status of the State Department’s
visa policy and procedures for foreign students and scholars. My colleague, the
Consular Bureau’s Principal Deputy Assistant Secretary Janice Jacobs, has
presented testimony in 2003 and 2004 on this same subject. I am happy to report
that, while our commitment to security has not diminished, we have worked
diligently to streamline the process to attract and bring the best and brightest
foreign students and scholars to the United States. The Department is aware of
the particular interest this Committee has with regard to these students, and we
appreciate your support of our efforts to improve and expand visa services for
students.
Learn more
Educational Advising Centers
The Department of
State provides support to a network of Educational Advising/Information Centers
around the world. These centers advise prospective international students and
other audiences on higher education and study opportunities in the United
States. To contact an advising center, please select a region. ...
What is a J-1 Visa?
The J-1 visa is given to those who will be entering the US to participate in an approved educational or cultural program.
It is one of the more complex types of visas, so we will be breaking our coverage of it into three articles.
In this first article, we deal with the visas themselves, while later articles will address J-1 program
designations and waivers of the two-year home residency requirement.
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Immigration to the USA
The USA ranks the number one country in the world as an immigration destination.
In 2002, the U.S. Census Bureau pegged the country's foreign-born population at
11.5 percent, not far off the historic high of 15 percent in 1910. In 2006, the
number of immigrants totaled 37.5 million. Three-quarters of immigrants surveyed
by Public Agenda said they intend to make the U.S. their permanent home. If they
had to do it over again, 80 percent of immigrants say they would still come to
the U.S. The American Dream is the belief that through hard work and
determination, any United States immigrant can achieve a better life, usually in
terms of financial prosperity and enhanced personal freedom of choice.
However, immigration to the United States can be a controversial issue. An
important obstacle to the international recognition of qualifications is a lack
of information and understanding of other nations’ education systems and
qualifications. That is why our evaluators perform thorough research on every
individual application for credential evaluation to better match American
standards. We can help you to make your story a success by offering our
services, working directly with you or with your lawyer. Reliable and
standardized evaluation of foreign credentials, prepared by our professionals
based on educational credentials you earned in you native country could be your
passport for employment or continuing education in the United States. We do
comparative analysis to determine an equivalency of your education to American
standards. These reports are prepared after solid research of different World
educational systems and in compliance with the
General Guiding Principles of Good Practice
for Educational Credential Evaluation, set by the
National Association of Credential Evaluation Services (NACES), and accepted in
the United States by Immigration Services, many academic institutions,
employers, and professional licensure boards.
US Education System
The United States is a federal republic with a decentralized system of
education. The titles and designations of U.S. study programs and types or levels
of educational institutions are not set
forth in law or protected or reserved, and therefore may vary from place to
place. Program content and the name of the subject concentration often varies
from institution to institution, so U.S. educators and employers usually examine
student records in order to determine what an individual has in fact studied and
what they are qualified to do at the degree level which they have completed. A
few degrees in professional subjects are closely regulated by state governments
and professional associations and have uniform content if awarded by an
accredited institution. U.S. educators and employers do not evaluate quality on
the basis of fixed assumptions about uniform content, but rather on a
case-by-case basis using standard assessment approaches to analyze often quite
different individual situations.
Credential Evaluation
Degree, diploma, and credit recognition are not performed or regulated by the
federal government. Recognition is not usually done by state or local
governments, either, except in the case of professional licensure. Instead, the
federal government and other levels of government rely on, and recognize, the
evaluations of foreign academic, professional, and vocational credentials
performed by the delegated competent authorities at the institutional level and
in the private sector. Not all U.S. institutions, employers, and licensing
authorities perform evaluations of non-US diplomas, credits, or qualifications.
In many cases this work is delegated to private credential evaluation services,
and the resulting evaluations are recognized as valid.
The U.S. government does not recommend or endorse any individual credential
evaluation service or group of services, and does not conduct evaluations or
make recognition decisions.
Types of Credential Evaluation
Document-by Document equivalency report
provides evaluation for each educational document
submitted (such as Diploma, Academic Transcript, or Certificate) including name
of the degree and name of the institution, program duration,
entrance criteria, graduation year. It can also include work
experience to determine educational equivalencies based on regulatory guidelines
for clients seeking to meet U.S. immigration requirements (for example, H-1B
visa petitioners) or Grade Points Average (GPA), calculated on a US 4.0 scale,
as needed. This type of evaluation is required for college or university admission if
transferred credits and completed courses are not relevant, employment, and immigration.
Course-by Course equivalency report , in addition to evaluation of
academic credentials, provides full description of
interdisciplinary curriculum of academic study including conversion of hours to
US credits, conversion of grades to US grades, and calculation of the Grade
Points Average (GPA), calculated on a US 4.0 scale, to determine the educational
equivalent within the U.S. educational system. Course-by Course equivalency report is required
for continuing education, employment, immigration, licensing, and military
enlistments.
Each equivalency report
is prepared on case-to-case basis and contains details and summary of each
academic credential and comparable USA equivalency, suggested by the agency.
Accreditation and Individual Certification and Licensure
Foreign medical professionals seeking employment in the US should know that
there are special licensing requirements in every State. Certification and
licensure in the USA are under control of individual states. Every medical
graduate must apply for a license in the state(s) in which they intend to
practice. Accrediting organizations play a significant support role in the
certification and licensure of individuals who complete programs in specific
fields (such as Medicine, Dentistry, Nursing, Law, or Engineering).
Specifically, many states require that applying individual has graduated from an
accredited program in order to sit for certification and licensure examinations.
Getting an H-1B visa is not always easy and even getting H-1B status is not
free from problems. With adequate preparation, however a foreign graduated
physician, dentist, or nurse should be able to get employment authorization in
the US, especially in medically underserved areas or health professional
shortage areas. The Shortage Designation Branch in the HRSA (Health Resources
and Business Administration) Bureau of Health Professions National Center for
Health Workforce Analysis develops shortage designation criteria and uses them
to decide whether or not a geographic area or population group is a Health
Professional Shortage Area or a Medically Underserved Area or
Population. Weekly updates by State/ County/ Medical Discipline are
available at HRSA web site.
It might help to know some basic data:
· Physicians in the USA: 794,893.
· Foreign graduate doctors in the USA: 185,234
(from 127 countries).
· Percentage of foreign doctors in U.S.
training programs: 24%.
This is not a new phenomenon. Foreign physicians have made up about this
percentage of our doctor population for years. A sizable portion work in
medically underserved communities and small towns. The shortage of doctors in
the USA is expected to grow to as much as 200,000 by 2020. (USA TODAY).
You can find some useful immigration guides
detailing commercial US visa categories, including B1, H1B, L1, E1, E2 visas, J1
exchange visitor visa, H1B visa for doctors, and US green cards, on the web.
How to get a License to practice Medicine in the United States
Foreign Medical Doctors:
Even though foreign doctors have earned full rights to practice medicine in
their native country, they have to go through the following qualification
process in the United States:
1. Pass the tests to get Educational Commission for Foreign Medical
Graduates (ECFMG) certification. The purpose of ECFMG Certification is to
assess the readiness of foreign medical graduates to enter U.S. residency
and fellowship programs that are accredited by the Accreditation Council for
Graduate Medical Education (ACGME). To be certified by ECFMG, a candidate
must pass a series of exams meeting ECFMG's medical educational credential
requirements. These requirements include providing ECFMG with copies of
medical education credentials, which ECFMG will verify directly with
candidate’s medical school. See
ECFMG Certification.
2. Undertake residency training program.
3. Pass the 3rd and final exam of the United States Medical Licensing
Examination (USMLE).
4. Apply for a license to practice medicine in a particular state.
International Dentists
Dentists must satisfy educational requirements to be licensed. Many states
require graduation from accredited or approved dental schools, referring to
accreditation or approval by the Commission on Dental Accreditation (CDA) of the
American Dental Association (ADA). Note that many Canadian dental schools are
approved through the Canadian Dental Association. The term “international
dentist” generally refers to a dentist who has graduated from a dental school
other than in the United States or Canada. 29 states require graduation from an
accredited or approved school for licensure. [Minnesota has an allowance for a
determination of educational equivalency.] 18 other states and the District of
Columbia require additional training in a CDA-accredited program for licensure.
Note however that roughly half of the accredited schools in the U.S. have
provisions for foreign dental graduates to apply to transfer in with advanced
standing. 42 states and DC will license a dentist after they have been licensed
in another state and have practiced for a certain period.
Foreign Educated Nurses.
Nurse immigration to the United States has tripled since 1994 to close to
15,000 entrants annually. As of 2006, about 8 percent of U.S. registered nurses
(RN), numbering around 219,000, are foreign educated. Foreign-educated nurses
desired to work in the United States must obtain a work visa. Applicants are
required to undergo a review of their education and licensing credentials and
pass a nursing certification and English proficiency exam, both conducted by the
Commission on Graduates of Foreign Nursing Schools (CGFNS).
The commission is an immigration-neutral, nonprofit organization that is
recognized internationally as an authority on credentials evaluation in the
health care field. Applicants from Australia, Canada (except Quebec), Ireland,
New Zealand, and the United Kingdom are exempt from the language proficiency
exam. In addition to these national requirements, most States have their own
requirements.
Obtaining the H1B for Employment
After determining that the person qualifies for H1B status, the employer must obtain
the Labor Conditions Application (LCA). Once the certified LCA is received, the
H1B petition will be filed. The petition must show that the foreign national is
entering the United States or changing to H1B status for the purpose of
temporary employment. The petition must be accompanied by supporting documents
such as degrees or academic records, licenses to practice a profession, and
letters and other documents attesting to the alien's qualifications. Photocopies
of original documents may be submitted, but original documents must be available
for inspection by the U.S. Citizenship and Immigration Services (USCIS) upon
request. Any documents in a foreign language must be accompanied by an English
translation. The translator must certify the accuracy of the translation and his
or her competency in the language to be translated in English. This statement
must be notarized. Credentials from most foreign academic Institutions must be
evaluated for U.S. equivalency by a recognized credential evaluation service.
Once received by USCIS, the petition can take many months to be processed, and
unexpected delays can occur. For this reason, please allow six months for USCIS
processing before the official start date of employment. USCIS has instituted a
Premium Processing Service in which they will adjudicate a complete petition
within 15 calendar days of receipt; the processing fee is $1,000 (separate check
required). The H1B approval is granted on USCIS Form I-797 and a new Form I-94:
Departure Record is issued.
As you can see, there is no easy way for foreign professionals to prove their
skills, knowledge and qualification in the United States. Nevertheless, if you
are highly motivated and persistent, you may find that your goal was easier to
achieve than you thought. Use this well known Latin proverb by Seneca the Elder,
“Per aspera ad astra" (Through thorns to the stars), as your motto, and hold on
hope. You really came to a free country with unlimited opportunities.
Foreign Graduates: Becoming a Nurse in the United States
Nursing is a great profession, in high demand in many areas these days: you can work as a
nurse in operating rooms, emergency departments, women's health and mental health institutions,
provide care for children, adults, or elderly people, work in any areas where people need health care services –
the list is endless. As a Nurse, you can apply your skills in many different fields of the medicine. Large number
of nursing positions is available throughout the United States for qualified people of any background and culture.
You can work standard or flexible shifts based on your family demands or other obligations, take advantage of ample
continuing education opportunities, and work on improvement of your professional skills. And the job is rewarding:
along with your satisfaction in helping people, you could earn a good money right from the start.
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