Foreign doctors might not get an Australian work visa anymore.

     

       

 Australia’s health department today favored the imposing a ban on all trained doctors from other countries, from applying for a work visa. The visa policy updates has been made to end the shortage of locally trained medicos. A move which is likely to hit Indian doctors working in the country, which makes up a significant amount of overseas doctors in Australia.

                According to the media reports senior members of Australian Medical community had asked the federal government to stop issuing workvisas to overseas trained doctors, as the skill shortage in regional areas were not being addressed by the current migration programme. Department of health which shared the same concern has now made a formal submission for the amendment of the immigration rules.

                The department said that if the amendments were not made, locally trained doctors would struggle even more to find a job in the future. It has suggested 41 health roles including general practitioners, resident medical officers, surgeons and anesthetics to be removed from the skilled occupation list. A procedure that defines what occupations will be benefited by the skilled migration.

                Indians became the largest source of permanent migration to Australia forming 15.7 per cent of the total migration programme in 2011-12. Australia's Indian-born population also recorded the fastest growth in the country in 2008-2009, increasing by 44,012 accounting for 17 per cent of population.

                About the author - PROVE (Professional Registry Of Verified Employees) is a new labor oriented service promoted by National Organization for Software and Technology Professionals (NOSTOPS), to help fill in the gap information that the Indian Knowledge worker heading abroad face when it comes to knowing their Rights. 

American Work permit – Official Rules & Regulations of American Work Visa

Circumstances under which one can extend their H1B status

American competitiveness in the Twenty-First Century Act of 2000 provides for such extensions in two circumstances:

Under the new law American Competitiveness in the Twenty-First Century Act of 2000 section 104(c): a beneficiary of an employment based first, second or third preference petition who is eligible for permanent resident but for the application of the per country limits may obtain extension of the H1B status until the adjustment of status is decided. An H1B status can be renewed in one-year increments for the beneficiaries of any employment based petition until adjustment processing is completed as long as 365 days or more have elapsed since the labor certification application or immigrant petition was filed.

American Competitiveness in the Twenty-First Century Act of 2000 gives some advantages to people in adjustment of status over people in consular processing, but at least one of the law’s benefits may be usable in either context:

“The section 104(c) extension beyond the sixth year for individuals with employment based immigrant petitions filed but priority dates not current appears to be available only in the context of an adjustment of status”.

“The section 106(a) provision for extending H1Bs beyond the sixth year when permanent residence processing has taken too long can be read to apply whether the individual pursues adjustment or consular processing, since one can become eligible for its benefits if the petition has been filed”.

 To read more download American Work permit – Official Rules & Regulations of American Work Visa

American Work permit – Official Rules & Regulations of American Work Visa

Discrimination or Document Abuse Prohibited

While it is the responsibility of the employer to ensure that the regulations are met, the employer cannot discriminate against aliens. Discrimination or document abuse involves asking too many questions or asking for more than the required number of documents to prove work authorization. For example, requiring additional documents from a person with a foreign name or a foreign accent could amount to discrimination. Employers must walk a fine line between following the law and being overly cautious; making assumptions which can result in discrimination.

The major responsibility of an employer, whether the new employee is an alien or a US worker, is to complete the “Employment Eligibility Form” or the I-9, as it is commonly known.

The I-9 form helps the Immigration and Naturalization Service (CIS) in enforcing immigration laws. An employer may not knowingly or unknowingly hire an illegal work. This is punishable by law. An I-9 can be used as evidence against an employer who fails to properly complete and store the forms, whether or not any of the employees are illegal aliens. Civil and criminal penalties may be levied against employers for violating rules.

To read more download American Work permit – Official Rules & Regulations of American Work Visa

American Work Permit - Official Rules & Regulations of American Work Visa

An overview of Specialty Occupation

The H1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which “requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and which requires the attainment of bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.” Thus, there are two requirements: First the employer must demonstrate a need for someone in a specialty occupation as the minimum capability to perform the job; and second, the foreign national must have the required degree, or its equivalent, in a subject closely related to the position. Under the regulations, the need for a person in a specialty occupation can be shown by one of the following:

1] Hold a US baccalaureate or higher degree required by the specialty occupation from the accredited college or University;

2] Hold a foreign a degree determined to be equivalent to US baccalaureate or higher degree required by the specialty occupation from the accredited college or University;

3] Hold an Unrestricted State license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engagement in that specialty in the state of intended employment; or

4] Have education, specialized training and/or progressively responsible experience that is equivalent to completion of a US baccalaureate or higher degree required by the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty. 

To read more download American Work permit – Official Rules & Regulations of American Work Visa