Helping a Client by Invalidating a Regulation
Philadelphia, PA 19103
Phone: 215.825.8695 Fax: 215.825.8699
14 Penn Plaza
New York, NY 10122
Phone: 646.787.1371 Fax: 215.825.8699
Saving H-1B Doctors
One of our for-profit hospital clients has traditionally included in its medical residency training program significant numbers of foreign doctors on H-1B visas. When the H-1B quota was lowered to the point that H-1B visas were unavailable by the time the hospital selected its medical residents, the hospital feared that it would lose an important supply of physicians because, as a for-profit hospital, it was subject to the H-1B quota.
Our attorneys developed a cutting edge argument that the doctors were exempt from the H-1B visa quota because, even though the hospital itself was quota-subject, the medical residents would spend a percentage of the time doing the didactic part of their training at a building owned by a university. This argument was accepted by USCIS, based on our argument that the quota exemption is not based on whether the employer is a university, but whether the employment will occur, at least in part, at a university.
More than a year after we successfully used this strategy for the benefit of our hospital client, USCIS published a memorandum accepting the theory for general applicability.
About the H-1B Visa
This non-immigrant visa allows employers in the U.S to hire foreign nationals with specialty occupational skills. This option is the first step to becoming a lawful permanent resident.
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