VISA folks, get in here

[Giovanotto]

What happens if during a residency interview, faculty tells you they offer the h1B or the J1, you match there, and they pull the bait and switch and only give you the J1? How do you get around this?

I.e. interviewed at a program that says they offer both, but the international resident there is on a J1, and in speaking with him privately he said they don't offer the H1B. PD says otherwise. What gives?
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Would sending out programs an email around late Dec-Feb asking them (so that I have it in writing) that they will offer me the h1b if I match there a good idea?

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[Aloe paleo]

What happens if during a residency interview, faculty tells you they offer the h1B or the J1, you match there, and they pull the bait and switch and only give you the J1? How do you get around this?

I.e. interviewed at a program that says they offer both, but the international resident there is on a J1, and in speaking with him privately he said they don't offer the H1B. PD says otherwise. What gives?
----------------------------------------------------------------------------------------------------------------------
Would sending out programs an email around late Dec-Feb asking them (so that I have it in writing) that they will offer me the h1b if I match there a good idea?

are you Canadian?

 

[Giovanotto]

are you Canadian?

I'd rather not say where I'm from. Does it make a difference? If so I can specify, thanks.

 

[Aloe paleo]

I'd rather not say where I'm from. Does it make a difference? If so I can specify, thanks.

im just a Canadian applying to US DO medical schools now. I plan on moving and practicing in the states, so if you had any insight, that would be great....that's why I asked

 

[ameetsing]

In my experience they usually dont bait and switch.

If you are worried get it in writting from the PD, in an email form.

 

[thumbz]

I've heard of it happening from people on this site - the problem is even if you have it in writing on a signed scroll notarized by the Pope himself good luck getting it done. As a resident are you going to sue your program? If you do, how long do you think you'll last at said program?

If you're getting vibes that are concerning you about this I recommend ranking other programs more highly.

As for someone asking if you're Canadian - it is applicable. Canadians tend to have a significantly easier time navigating the visa process, especially in this current political climate, than people from other countries. Your country of origin can, unfortunately, change your place on rank lists.

 

[gutonc]

Keep in mind that visas are done at the institutional/GME level and policies can/do change over time. So the PD, unless s/he is also the head of GME, has little or no say on what the visa policy will be and which visas will be supported. Some (many/most?) likely have no clue about specific visas and just repeat whatever the GME office told them once.

So if you're really concerned about a particular place, you need to get it directly from the GME office.

 

[NotAProgDirector]

Agree. I tell applicants who need a visa what our current visa policy is, but also point out that it might change at any time, for any reason. It is def worth reviewing with the GME office if you're concerned, but something "in writing" won't really change the outcome. You might be able to get a match waiver if the visa policy changes and you're unhappy about it, but then you're likely stuck applying again next year (although I guess you could try to find an off cycle position that offers an H).

 

[Giovanotto]

Thank you everyone! I've read all of your posts and it's given me lots to think about.

 

[gro2001]

I'd recommend emailing the program coordinator specifically asking that question. It could be the candidate is mistaken or the policy has changed. It could be the PD is mistaken. I've been surprised how often people that should be in the know are horribly misinformed about visa stuff. The PD could be confusing the two, or maybe they know that some of the attendings at the hospital are on H1s and think that means they can sponsor a resident on an H1 (while in reality there are places that do H1s for faculty but not for trainees).

 

[killerleaf]

Policies do change from year to year. H1b's cost the institution. Maybe the GME office cannot afford it this year. It could be that the department may be willing to pick up the cost for one, but not be able to pay for another until that one graduates. When you start getting into the financial part of it, it can get a little tricky. Also, sometimes policies change due to past experiences. (for instance, if someone's takes 6 months to work out, and everybody says 'we don't want to do that again') I would agree with contacting the Program Coordinator directly. They have the connections with the GME office, and can get the actual "what are we doing this year".

 

[marcozecca]

I have always wondered what are the costs for the institution for an H1b visa...I was offered an H1b once and I was told that the cost for the lawyer and the formal application was gonna be on myself ONLY...are there any other costs to it that I am not aware of?

 

[rokshana]

I have always wondered what are the costs for the institution for an H1b visa...I was offered an H1b once and I was told that the cost for the lawyer and the formal application was gonna be on myself ONLY...are there any other costs to it that I am not aware of?

I've heard its about $5000 per applicant

 

[Giovanotto]

I've heard its about $5000 per applicant

I've read on several program's page that it's 1,500-2,000. I think the 5,000 USD figure comes from expedited processing, which is probably what should be done, so maybe 5,000 USD is correct.

Also, if I'm understanding everyone, the reality is that I can't know for sure, and that it's going to be hard to make a rank list purely based on visa?

Also, @aProgDirector; how would you feel about receiving an email from an applicant asking this question, especially if you were interested in this applicant, knowing that what you answer will affect how they rank you, and subsequently, how you'll ultimately rank them. Am I overthinking this?

 

[s5260205]

FYI, applicants themselves are not legally allowed to pay for cost of applying for H1b, but you can get around it by using your educational funds provided by GME.

Also, I can personally testify that the need for visa greatly limits your options of residency, even as a US graduate, unless of course you are a superstar applicant. I would plan to apply broadly due to need for visa and rank programs sponsoring H1b higher on the list. Most programs do state what visa they sponsor. If specific program doesn't, then you can check GME website. Only if neither program nor GME website discusses visa sponsorship would I contact program directly regarding visa. You should also be mindful that some programs don't even consider sponsoring J1 (very few but still out there).

 

[Giovanotto]

FYI, applicants themselves are not legally allowed to pay for cost of applying for H1b, but you can get around it by using your educational funds provided by GME.

Also, I can personally testify that the need for visa greatly limits your options of residency, even as a US graduate, unless of course you are a superstar applicant. I would plan to apply broadly due to need for visa and rank programs sponsoring H1b higher on the list. Most programs do state what visa they sponsor. If specific program doesn't, then you can check GME website. Only if neither program nor GME website discusses visa sponsorship would I contact program directly regarding visa. You should also be mindful that some programs don't even consider sponsoring J1 (very few but still out there).

I've thought about that too. How would you approach executing that though?
Also, it has not been my experience, even as a DO, that my visa "greatly limits your options". I'm fairly happy with the interview invites I've gotten this season. Thankfully, I'm not applying to anything crazy competitive.

 

[marcozecca]

FYI, applicants themselves are not legally allowed to pay for cost of applying for H1b, but you can get around it by using your educational funds provided by GME.

Also, I can personally testify that the need for visa greatly limits your options of residency, even as a US graduate, unless of course you are a superstar applicant. I would plan to apply broadly due to need for visa and rank programs sponsoring H1b higher on the list. Most programs do state what visa they sponsor. If specific program doesn't, then you can check GME website. Only if neither program nor GME website discusses visa sponsorship would I contact program directly regarding visa. You should also be mindful that some programs don't even consider sponsoring J1 (very few but still out there).

where did you get the info that applicants are not legally allowed to pay for h1? I was requested to pay if I would have gone that way at that time...I was hooked up with a private lawyer etc...

 

[Winged Scapula]

where did you get the info that applicants are not legally allowed to pay for h1? I was requested to pay if I would have gone that way at that time...I was hooked up with a private lawyer etc...

https://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62H.pdf

In addition, there are caps to the H1B visas, so programs may not be able to offer the visa if the caps have been reached (*usually about 65,000 per year).

 

[Giovanotto]

https://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62H.pdf

In addition, there are caps to the H1B visas, so programs may not be able to offer the visa if the caps have been reached (*usually about 65,000 per year).

Non-Profit Requirements for H-1B Cap Exempt Jobs: A Complete Guide

H-1B cap exempt jobs fall under two categories: institutions of higher learning and government associations. Learn more in this post!

www.immi-usa.com

H1B Cap Exemptions for Physicians - Murthy Law Firm | U.S Immigration Law

A large percentage of foreign nationals who come to work as physicians in the United States do so pursuant to H1B status. Ordinarily, the foreign national must be counted against the H1B cap before that individual is eligible to work in H1B status. This usually...

www.murthy.com

I thought residency was a cap exempt h1B.

 

[s5260205]

Non-Profit Requirements for H-1B Cap Exempt Jobs: A Complete Guide

H-1B cap exempt jobs fall under two categories: institutions of higher learning and government associations. Learn more in this post!

www.immi-usa.com

H1B Cap Exemptions for Physicians - Murthy Law Firm | U.S Immigration Law

A large percentage of foreign nationals who come to work as physicians in the United States do so pursuant to H1B status. Ordinarily, the foreign national must be counted against the H1B cap before that individual is eligible to work in H1B status. This usually...

www.murthy.com

I thought residency was a cap exempt h1B.

Residency usually is cap-exempt since most hospitals are non-profit. It would not be cap-exempt if the residency program is under a for-profit hospital (e.g., now closed Hahnemann in Philadelphia), though usually for-profit hospitals don't offer H1b anyway since they don't want to deal with the cost. Also, residents in for-profit hospital would not qualify for public service loan forgiveness either, though this is besides the point.

 

[marcozecca]

https://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62H.pdf

In addition, there are caps to the H1B visas, so programs may not be able to offer the visa if the caps have been reached (*usually about 65,000 per year).

Thanks for the link. It says "Voluntarily authorized by the H-1B worker, under the following standards (20 C.F.R.§ 655.731(c)(9)(iii)): • There is a voluntary, written authorization by the employee;" so I guess that just the way employer make you pay for it, they just have you sign a paper and that's it.

 

[NotAProgDirector]

Thanks for the link. It says "Voluntarily authorized by the H-1B worker, under the following standards (20 C.F.R.§ 655.731(c)(9)(iii)): • There is a voluntary, written authorization by the employee;" so I guess that just the way employer make you pay for it, they just have you sign a paper and that's it.

No, that link clearly states that the cost of the H1b including lawyer's fees need to be paid by the employer. The "voluntarily authorized" section is "For a matter principally for the benefit of the employee, such as reimbursement for travel to the United States or payment for food and lodging that was not incurred while traveling on the employer’s business;", not the cost of the visa.

Some employers can make employees pay because no one complains about it.

 

[Giovanotto]

No, that link clearly states that the cost of the H1b including lawyer's fees need to be paid by the employer. The "voluntarily authorized" section is "For a matter principally for the benefit of the employee, such as reimbursement for travel to the United States or payment for food and lodging that was not incurred while traveling on the employer’s business;", not the cost of the visa.

Some employers can make employees pay because no one complains about it.

ask me how I know

 

[NotAProgDirector]

ask me how I know

How do you know?

 

[Giovanotto]

How do you know?

pm'd