All About Immigration for Investors and Others

December 19, 2018 by Rebecca Esmi

Really — is REAL ID coming to New Jersey?

What does the REAL ID program mean to residents of New Jersey? First, let’s begin by explaining what the REAL ID program is. REAL ID is a Federal law that tightens requirements surrounding ID’s that can be used for various purposes – the most salient here is to board a commercial airplane. Although the REAL ID Act was passed in 2005, New Jersey has still not met these requirements in its issued motor vehicle driver licenses. However, New Jersey – like a number of other states – has received an extension that allows additional time to implement the law. How much time? As of this writing, we have until 2020.

The purpose of the REAL ID law is to enhance security surrounding identification documents, and one of the benefits is reported to be reduction of identity theft and fraud. In order to benefit from the above, states and its residents have had to undergo some pitfalls. For example, states that implemented earlier saw huge lines in their DMV agencies. DMVs had to implement significant projects in order to add the requisite number of characters and other safety features – something the New Jersey DMV is reported to be working on at present.

Surprisingly, the ID card issued to our Veterans (“VET ID”) is not compliant with REAL ID. And our New Jersey driver license is not yet compliant. But, even if at some point a New Jersey driver license will not enable a New Jersey resident to board a commercial plane, he or she will still be able to use an unexpired passport. Conveniently for New Jersey residents, most counties’ clerks offices offer passport services.

To read further on this topic, additional resources are found below:
The United States Department of Homeland Security, REAL ID, https://www.dhs.gov/real-id (accessed 12/19/18).
New York Times, Is Your ID Approved for Travel? These Are the Latest Rules, https://www.nytimes.com/2018/01/18/travel/is-your-id-approved-for-travel-these-are-the-latest-rules.html (1/18/2018).

April 2, 2014 by Rebecca Esmi

Two year rule waiver option: Hardship

Foreign national physicians in the United States who hold a J-1 visa are required to leave for two years prior to returning. This can be a wrenching prospect for those who have married and put down roots in the United States. There is relief offered by “waiver” by which this requirement can be waived. One such waiver option is based upon the hardship the 2-year return would cause to the physician’s U.S. citizen or lawful permanent resident family members.

The facts of each physician’s case are unique to him or her, and must be examined carefully to include:

The physician’s home country

The physician’s family members and their status (citizen or lawful permanent resident)

Country conditions that will prompt the hardship

The type of hardship(s) that will be caused, such as medical, safety, social, educational, professional, and/or other

Evidence and proofs of the hardship(s)

For physicians with U.S. citizen or lawful permanent resident family members, this option should be carefully considered as a valuable means to apply for a waiver of the two-year rule.

April 2, 2014 by Rebecca Esmi

Waiver of 2-year rule: Option based on persecution.

In order to remain in the U.S., physicians holding a J-1 visa must obtain a waiver, and one way to do so is based upon fear of persecution. In this type of waiver, the physician must fear persecution in their home country based upon race, religion, or for political reasons. The facts giving rise to this fear must be documented; for example, reports for the particular home country conditions must be supportive. One good source for country condition reports is the United States Department of State (see http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper) as well as NGOs such as Human Rights Watch.

Before considering this option, it is essential that the physician carefully examine the facts unique to him or her as well as the conditions in the home country.

April 2, 2014 by Rebecca Esmi

EB-1: A high legal standard reserved for highly-qualified physicians

The EB-1 Alien of Extraordinary Ability is a very valuable immigration option for foreign national physicians seeking lawful permanent residency in the U.S. But, the self-petitioner has a high bar to meet: the legal standard for eligibility is very onerous permitting only those physicians at the very top of their field to apply. Evidence this standard is met or exceeded includes:

receipt of an international prize

publications in peer-reviewed, prestigious journals

quality of citations to the petitioner’s publications

requests to review peers’ work

weight of contributions to the field

and more.

It is essential that great care be taken to ensure the proper evidence is assembled and organized, thereby facilitating USCIS review.

April 2, 2014 by Rebecca Esmi

National Interest Waivers: a physician EB-2 self-petition immigration option

The National Interest Waiver EB-2 immigration option provided initially under the Immigration Act of 1990 (IMMACT90) is a valuable immigration option for foreign national physicians seeking lawful permanent residence or “green card.” This option can be of particular value for physicians from India and China due to extended delays in obtaining permanent residence otherwise. The basic premise is that by serving in an underserved area, the physician’s service warrants waiver of the typical labor certification process.

The basic requirements are that a primary care physician or specialist (see USCIS Interoffice Memorandum, Michael Aytes, January 23, 2007, http://www.uscis.gov/files/pressrelease/SchneiderIntrm012307.pdf, “Schneider Memo”) must serve full time for five years “in aggregate” in a federally-designated MUA (medically underserved area), HPSA (health professional shortage area), MHPSA (mental health professional shortage area), or at a Veteran’s facility; additionally, the state department of health or federal agency must provide a letter acknowledging the critical nature of the physician’s service. 8 C.F.R. 204.12, 245.18. Case law provides for aggregating of the physicians service in the underserved area, pursuant to Schneider v. Chertoff, 450 F.3d 944 (9th Cir. 2006). But remember: the approved petitioner has numerous critical ongoing maintenance / compliance requirements to meet, such as periodic reporting, so as to maintain status.