Houston Chronicle Examines Visa Problems for Foreign Doctors

The Houston Chronicle Jan. 5 examined doctors and other medical specialists "left in legal limbo" because the Immigration and Naturalization Service has tightened restrictions on O-1 visas after the Sept. 11 attacks. Such visas are for foreign professionals, including care providers, who exhibit "extraordinary ability" in their field and "international recognition and excellence among their peers," the Chronicle reports. The visa lasts for three years, is renewable and allows those who have completed their graduate studies in the United States to avoid the usual requirement that they return to their country of origin after their studies. According to the American Immigration Lawyers Association, INS last summer sent employees to four regional service centers to tell them to tighten issuance of the O-1 visas. "Even people getting NIH funding from the government -- major, major researchers [are being denied O-1 visas]. I think [the INS is] knocking out a lot of meritorious cases," Ann Penchak, a Houston immigration lawyer, said. However, an INS spokesperson said the agency has not changed its policy for issuing the visas, adding that the qualifications for receiving such a visa have "always been exceptionally high." Still, many communities say that the alleged visa restrictions have left them without needed doctors, the Chronicle reports. Foreign doctors "not only teach students, but they are the physicians on call when there are problems at the hospital. ... [I]ndigent health care will suffer if we lose them," Maggie Pinson, international affairs director at University of Texas Medical Branch, which employs around 24 foreign doctors, said (Cobb, Houston Chronicle, 1/5).

Same Problems with J-1 Visa
Communities and medical facilities also have been impacted by a similar situation concerning J-1 visas, which are issued to foreign medical students training in the United States. The visa allows them to study in the United States but then requires them to return to their home nations for two years after completing the training and before applying for an immigrant visa, permanent residence in the United States or an additional nonimmigrant visa. Certain government agencies can request a waiver of the two-year home residence requirement for physicians who agree to practice in underserved areas for three to five years. The Department of Agriculture has typically played the lead federal role in seeking the waivers, and state health departments are also permitted to request such waivers. However, in the aftermath of Sept. 11, the USDA scaled back its involvement in the program. HHS Secretary Tommy Thompson on Dec. 17 announced new rules that will allow HHS to request the waivers (Kaiser Daily Health Policy Report, 12/18/02).