 |
|
 |
 |
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
January
2009 Newsletter January 19, 2009 DEAR CLIENTS AND FRIENDS: I had sent out a Newsletter just over two weeks ago advising our clients and other interested parties of a disturbing new development in immigration adjudications in which the MBBS Degree was not being recognized as an advanced degree credential equivalent to the MD. As a direct consequence of this line of adjudication, MBBS holders were facing substantial disruptions and interminably long delays in attaining permanent resident status. This unprecedented policy created an illogical and unnatural distinction among International Medical Graduates (IMGs) based not on their licensure, medical knowledge, or advanced training, but based solely on whether their medical degree was their initial higher-education certificate (i.e., MBBS, MBBCh, etc) or was issued following completion of a liberal arts course of study. Owing to our extensive legal practice in immigration matters for IMGs, I certainly felt compelled to bring this MBBS development promptly to the attention of our Readership. In the concluding section of my Newsletter, I also made the following statement:
I am pleased to announce that an administrative tribunal of U.S. Citizenship and Immigration Services (USCIS) issued a decision dated January 9, 2009, giving full recognition of the MBBS as the equivalent to an MD. This restores the rightful stature of an MBBS as providing a physician with a suitable level of professional medical education to fall within the Advanced Degree (EB-2) Preference classification for immigration purposes. While it is true that the MBBS represents a basic university degree credential, the decision cited the fact the MBBS equates to “a first professional degree in medicine in the United States,” which is a Doctor of Medicine (MD). In addition, this decision focused on the fact that in cases for permanent residence, an IMG has either obtained or is eligible for a state medical license and has pursued advanced Graduate Medical Education (GME) at an accredited post-graduate training program. Under our system of immigration jurisprudence, this decision is not automatically binding on all USCIS examiners, since it has not yet been designated as a Precedent or even an Adopted Decision. But it does have significant probative value in processing cases involving similar issues. As a functional matter, it is inconceivable given this decision that we will again see the MBBS Degree relegated to a subservient, disadvantaged degree credential. Rather, this decision is quite adamant in recognizing that by definition the MBBS should be regarded as a degree equivalent to an MD. So, what does this mean for permanent residence cases for MBBS holders and, more broadly, for IMGs and their employers? Given the deepening recession, I expect that the U.S. Department of Labor will become more vigorous in protecting job opportunities for U.S. workers, meaning that it will more stringently analyze Labor Certification Applications. We are already seeing a steady lengthening of processing times at the Labor Department. To some extent, the documented shortage of physicians in the domestic workforce and the relative recession-proof nature of the medical profession should encourage the U.S. Government to continue to process and approve immigration cases for IMGs. Thus far, in our own cases, we continue to see a consistent pattern of approvals in our filings for physicians. But I do believe that in drafting Labor Certification Applications and the subsequent Immigrant Visa Petitions, we need to be increasingly vigilant in defining the duties of the position so as to establish the legitimate, job-related requirements that can objectively test the U.S. labor market to determine the availability of fully-qualified applicants for the announced position. But what this decision presumably has taken off the table is an artificial distinction between MBBS holders and physicians holding other designated professional degree credentials. They will all uniformly – and appropriately – be processed under the EB-2 classification as Advanced Degree Professionals, and the drafting of the underlying applications and petitions for immigration purposes can focus on the legitimate, job-related requirements rather than doing legal acrobatics to account for whether the IMG’s medical degree is a first- or second-tier university credential. As always, please feel free to distribute this Newsletter to other interested recipients and by all means, please bring any questions or comments to our attention. It is always a pleasure to hear from those whom we serve. Cordially, ROBERT D. ARONSON This memorandum is one of a series of communications prepared as a general public service to our clients and friends. The information herein presented is not intended nor should it be utilized as legal advice on any specific situation. Furthermore, given the rapid pace of change, the veracity of this information is constantly subject to modification and/or reversal. Rather, this piece represents a good faith attempt to orient clients and other interested parties served byAronson& Associates to current immigration developments. This piece in no manner supercedes the need to seek competent legal advice when engaged in activities carrying possible immigration-related consequences. |
Aronson & Associates,
P.A. |