S.744 Immigration bill - Sec. 2405: AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) Dual Intent for Physicians Seeking Graduate Medical
Training- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking
`(other than a nonimmigrant described in subparagraph (L) or (V) of
section 101(a)(15), and other than a nonimmigrant described in any
provision of section 101(a)(15)(H)(i) except subclause (b1) of such
section)' and inserting `(other than a nonimmigrant described in
subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described
in any provision of section 101(a)(15)(H)(i), except subclause (b1) of
such section, and an alien coming to the United States to receive
graduate medical education or training as described in section 212(j) or
to take examinations required to receive graduate medical education or
training as described in section 212(j))'.
- (b) Allowable Visa Status for Physicians Fulfilling Waiver
Requirements in Medically Underserved Areas- Section 214(l)(2)(A) (8
U.S.C. 1184(l)(2)(A)) is amended by striking `an alien described in
section 101(a)(15)(H)(i)(b).' and inserting `any status authorized for
employment under this Act.'.
- (c) Physician National Interest Waiver Clarifications-
Section 203(b)(2)(B)(ii)(I) (8 U.S.C. 1153(b)(2)(B)(ii)(I)) is amended
by striking items (aa) and (bb) and inserting the following:
- `(aa) the alien physician agrees to work on a
full-time basis practicing primary care, specialty medicine, or a
combination thereof, in an area or areas designated by the Secretary of
Health and Human Services as having a shortage of health care
professionals, or at a health care facility under the jurisdiction of
the Secretary of Veterans Affairs; or
- `(bb) the alien physician is pursuing such
waiver based upon service at a facility or facilities that serve
patients who reside in a geographic area or areas designated by the
Secretary of Health and Human Services as having a shortage of health
care professionals (without regard to whether such facility or
facilities are located within such an area) and a Federal agency, or a
local, county, regional, or State department of public health determines
the alien physician's work was or will be in the public interest.'.
- (d) Short Term Work Authorization for Physicians Completing
Their Residencies- A physician completing graduate medical education or
training as described in section 212(j) of the Immigration and
Nationality Act (8 U.S.C. 1182(j)) as a nonimmigrant described section
101(a)(15)(H)(i) of such Act (8 U.S.C. 1101(a)(15)(H)(i)) shall have
such nonimmigrant status automatically extended until October 1 of the
fiscal year for which a petition for a continuation of such nonimmigrant
status has been submitted in a timely manner and where the employment
start date for the beneficiary of such petition is October 1 of that
fiscal year. Such physician shall be authorized to be employed incident
to status during the period between the filing of such petition and
October 1 of such fiscal year. However, the physician's status and
employment authorization shall terminate 30 days from the date such
petition is rejected, denied or revoked. A physician's status and
employment authorization will automatically extend to October 1 of the
next fiscal year if all visas as described in such section
101(a)(15)(H)(i) authorized to be issued for the fiscal year have been
issued.
- (e) Applicability of Section 212(e) to Spouses and Children
of J-1 Exchange Visitors- A spouse or child of an exchange visitor
described in section 101(a)(15)(J) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(J)) shall not be subject to the requirements
of section 212(e) of the Immigration and Nationality Act (8 U.S.C.
1182(e)).
Subtitle E--Integration
2405
AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION