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Following Calls by Schneider, USCIS Eases Visa Restrictions on Foreign-born Physicians

May 15, 2020

Today, Congressman Brad Schneider (D-IL) applauded recent visa policy changes by United States Citizenship and Immigration Services (USCIS) to allow foreign-born medical doctors greater flexibility to deliver health care to our communities during this pandemic.

These changes were previously requested by Schneider and Sen. Amy Klobuchar (D-MN) in an April 2020 letter to Kenneth Cuccinelli, acting Principal Deputy Director at USCIS.

"Foreign-born doctors form an integral part of our health care system, including recent medical school graduates practicing in rural and other underserved communities through the Conrad 30 program," said Schneider. "In the middle of a deadly pandemic, it is counterproductive to threaten the visa status of these hard-working medical professionals. I appreciate USCIS listening to our request and updating their guidance so these doctors can continue serving our communities during this time of need."

Specifically, USCIS announced it would provide the following flexibilities to foreign-born medical doctors:

  • Telehealth. USCIS will allow these physicians to deliver telehealth services during the COVID-19 public health emergency, provided the physicians continue to serve their intended population. USCIS notes that if an employer offers these foreign medical graduates the flexibility to telework from their home, it must offer those same flexibilities to its U.S. workers similarly employed.
  • Waiver of Certain Immigration Consequences of Failing to Meet the Full-Time Work Requirement. USCIS will not consider these physicians to have violated their contracts with their employers if they are temporarily unable to work full-time due to illness, reduced hours at healthcare facilities, or other impacts related to the COVID-19 pandemic. This is a limited flexibility and only relates to the foreign medical graduate's eligibility for future immigration benefits that would be affected by the re-imposition of the two-year home residence requirement as the result of a contract violation. It does not otherwise affect a petitioning employer's responsibilities under the statutes and regulations relating to H-1B nonimmigrants.