| CIS Officially Limits H-1 Petition Approvals to One year Where State License Required |
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| Monday, 24 March 2008 | |
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Where State License Required But Cannot Be Obtained before H-1B approval or other work authorization!
Where an H-1B beneficiary cannot obtain a required state license to practice a profession (doctors, pharmacists, teachers) solely because state licensing requirements mandate possession of valid H-1B status or other work status in order to issue a required professional license, CIS will approve such petitions for one year. At the time an extension is requested, the beneficiary must provide evidence of licensure. Physicians destined to work in Nevada, Tennessee, and New York are generally not issued the required medical licenses until proof of H-1B status or other work authorized status is provided. Health care providers in Nevada are working with the legislature to change their law as this barrier to practicing medicine has resulted in physicians eschewing Nevada and the other states because of the several month delay in obtaining licensure, once H-1B status is obtained. In the past, some CIS officers approved H-1B petitions for three years in these circumstances; however, CIS has now formally instructed the CIS officers to approve petitions for only one year and only if all other licensure requirements are met. This rule imposes undue hardships on physicians and their employers, requiring them to pay H-1B fees twice, which can be as much as $3320 per petition; rather than once for the states where licensure is issued without regard to immigration status. It would seem a concern of CIS is that this partial waiver of the licensure regulation might result in the practice of a profession without a license, not a likely occurrence with these professions which are highly regulated and monitored by the States. |
