• QuickFlash – Important Info you need to Know!
• Senate Committee Approves FAX Bill
• Hot Topics for Foreign Medical Graduates
• NAPR Services August Opportunities
• National Conferences of Interest
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Are you planning to attend the NAPR 2004 Fall Fly-In?
If so, you need to know:
SCHEDULE FRIDAY, November 12, 2004
NAPR is growing! From 2001 to 2002, NAPR membership increased by 19%.
The upward trend continued in 2003 as membership grew by 25%. Looking at
membership growth from a historical perspective, from 1998 to 2003 overall
membership increased by 91%!!
Why? Perhaps because more clients are choosing to work with recruiting
firms that belong to NAPR. Or maybe it is because over 300 physicians
register each month on the World Job Bank. Better yet, it could be because
of our other NAPR benefits such as our various services mailings or the
products and services offered by our fine vendor members.
If you are reading this newsflash, you are one who already realizes the
benefits of being a NAPR member. Why not enhance the value of your
membership by volunteering on a NAPR Committee and networking with others
in your industry? The Membership Committee is seeking volunteers.
Interested members should contact Jo-Ann Toldt at 856-686-4351. If you
have an interest in another committee, please contact headquarters at
407-774-7880.
Senate
Committee Approves FAX Bill
Last week, the full House and the Senate Commerce, Science and
Transportation Committee both approved the Junk Fax Prevention Act of
2004, (H.R. 4600/S. 2603). The legislation would eliminate a rule set to
take effect next year requiring businesses to obtain written permission
before sending faxes to those with whom they have existing business
relationships (EBRs). The bill would restore a previous EBR provision
governing FAX communications by effectively preempting an FCC rule set to
go into effect next January 1, 2005.
In addition to restoring the EBR language to fax laws, the legislation
would require a mandatory “opt-out” for unsolicited faxes sent under the
auspices of the reestablished EBR. Another provision allows the Federal
Communications Commission (FCC), after receiving public comment, to waive
the opt-out provision for tax-exempt organizations faxing members on
issues related to their exempt purpose.
The final step for approval of the legislation is approval by the full
Senate. As Congress has adjourned until after both national political
conventions, the earliest Senate approval could occur is September.
Congress returns September 7.
The congressional session is set to end October 1. Lengthy extensions
to the session are unlikely given the upcoming national elections in
November.
Reprinted from the Internet.
by Lawrence M. Lebowitz, Esq. and Alexander R. Castrodale, Esq.
With the return of the annual cap on H-1B visas and the additional
scrutiny now given to all U.S. visa categories, the “J” visa has become
increasingly popular, especially for foreign medical graduates (“FMGs”).
However, and for most J visa holders (and especially FMGs), the two-year
foreign residence requirement ("FRR")1 imposes a serious obstacle to any
long-term U.S. immigration strategy.
Pursuant to the Immigration and Nationality Act ("INA"), exchange
visitors2 may be
subject to the FRR for one or more of the following reasons:
Exchange visitors who are subject to but who do not wish to comply with
the FRR may apply for a waiver of that requirement under any one of the
following five grounds:
Although each state’s requirements differ, obtaining a waiver of the
FRR through a DOH is generally a four-step process. First, an applicant
must complete and send a Data Sheet Application (“DSA”), along with a
check and various other documents, to the U.S. Department of State (“DOS”)
Waiver Review Division (“WRD”).
Second, and when the WRD has received the DSA, it will send the
applicant a Case Number and instructions on how to proceed. This
information will include a list of information/documentation that must be
submitted to complete the waiver application, such as copies of all of the
applicant’s Forms DS-2019 (formerly IAP-66), her resume, etc.
The third step in the FRR waiver process involves a submission directly
to the DOS of all of the items listed on the instruction sheet from the
WRD. It is advisable to submit all of the requested documents at the same
time. Also, and although some items must be submitted directly to the WRD
by the DOH and/or a third party, it is the applicant's responsibility to
ensure that all requested documentation arrives at the WRD.
At the conclusion of the DOS review process (which typically lasts four
to six weeks), the WRD will forward its recommendation directly to the
U.S. Citizenship and Immigration Services (“CIS”). The applicant will
receive a copy of the WRD's recommendation and will be instructed to await
notification from the CIS concerning the final decision on the waiver
application. The CIS typically takes another six to eight weeks to review
the file and issue its final decision. As noted above, both the DOH’s and
DOS’s findings are merely recommendations to the CIS. The CIS, in fact,
maintains overall authority to grant/deny any waiver of the FRR regardless
of the DOH’s or DOS’s support. In that regard, and while the CIS can
certainly overrule a determination by either the DOH or DOS, it normally
concurs with the findings of the other parties.
After the CIS issues the waiver, the applicant can apply for a new U.S.
immigration status/benefit, which is often an H-1B visa. Ideally, an FMG
could obtain H-1B status at the outset of her training, and thereby avoid
the FRR altogether. However, and for a variety of reasons, this is often
not possible and the DOH waiver is required.
For obvious reasons, waivers of the FRR are highly prized and, for
FMGs, a DOH waiver is often the only option. As noted, each state requires
an applicant to meet different requirements to obtain a favorable
recommendation. Unfortunately, Pennsylvania is one of the more difficult
states in which to obtain such a waiver. That being said, DOH waivers are
available for FMGs in Pennsylvania and should be pursued by those wishing
to remain in the United States after the completion of their J visa
program.
1 The FRR mandates
that, in order to be eligible for H-1B or permanent residence status,
certain J visa holders (most notably, foreign medical graduates) must
reside and be physically present in the country of their nationality or
last foreign residence for an aggregate of at least two years following
completion of their J visa program and departure from the United States.
2 For purposes of this article, exchange
visitors are J-1 or J-2 nonimmigrant visa holders. Lawrence M. Lebowitz is chair of and Alexander R. Castrodale is a
member of the Immigration Group at Cohen & Grigsby, P.C., a
full-service law firm headquartered in Pittsburgh, Pennsylvania. They can
be reached at 412.297.4900 or llebowitz@cohenlaw.com and acastrodale@cohenlaw.com.
Dear Miss Deed:
I read your column religiously and find your advice enlightening. A
situation arose in which I fear I may have gone astray.
I presented a candidate to a client and learned several days later from
the in-house person that my referral was being disputed by another firm
which presented my candidate a day or two earlier. Because I felt I
established a bonafide relationship with the candidate, I asked her to
sign a Right of Representation document which I then presented to the
in-house person showing that the doctor was working exclusively with me.
The client awarded the referral to the other recruiter. How can that be?
The doctor agreed that I was the one who is entitled to represent her. I
am…
Feeling Down and Disappointed
Dear Feeling:
Thanks for your kind words, but I am afraid I am not going to be able
to elevate your mood.
The overwhelming majority of in-house recruiters are competent and
knowledgeable, so I am going to assume that the in-house person made sure
that the candidate was properly referred by the other firm. (If that turns
out to be inaccurate, I will address that in a subsequent column.) I know
that doctors are approached by a significant number of recruiters and
cannot always remember with whom they spoke. So the fact that your doctor
did not remember she was presented by another firm is not unusual.
It’s my opinion that you ran amuck of the Ethics Code in two areas. It
is acceptable to use a signed Right of Representation from a candidate at
the onset of your discussions with the doctor. However, asking the doctor
to sign the Right of Representation in an attempt to resolve a referral
dispute is a no-no. This leads to the second misdeed (sorry about that).
Once you learned that a proper prior referral had been made, you should
have graciously withdrawn your claim to the doctor.
I think it is time to devote some of your summer reading to the NAPR’s
Standards of Practice and Procedures, which is part of the Code.
Cordially yours,
Miss Deed
Miss Deed is an expert on all things ethical, and is ready to answer
your questions. All questions to Miss Deed must be accompanied by the
individual's name, telephone and e-mail address. If the individual does
not want his or her name published, we will publish the question with the
statement: "Name Withheld By Request." No questions will be considered
without verifying who the sender is. Send your questions to Miss Deed at
the following e-mail address: MissDeed@kmgnet.com and your
question may appear in an upcoming NewsFlash!
NAPR
Services Coop Mailings: Two Opportunities
We’ve redesigned our
physician mailer for the 2nd time this year. Our newest 4-color mailing
piece will go to the following specialties:
Sizzling Specialty August Total Specialty ADVERTISE your JOB LISTINGS – NEW: You can advertise up to
20 Jobs!
Each participating member may advertise jobs using up to 500
words combined. This includes up to 20 Cardiology positions, totaling no
more than 500 words for all of your listings combined. You can mix and
match your 500 words into ten 50-word ads, two 250-word ads, or whatever
you wish, provided you do not exceed a total of 500 words and 20 listings.
What a great, cost effective way to obtain candidates!
Don’t Miss this two important mailers; register NOW! .Click on the
button below for the sign-up sheets.
Questions? Call Victor Fernandez at 800-726-5613
National Conferences of Interest
2004
RBMA Fall NAMSS Osteopathic College of Anesthesia MGMA IPS ACEP ASA American Heart Association NCCHC Psych. Congress RSNA Websites that offer upcoming conference information:
www.nejm.org/meetings You
can get most dates from this web site.
The Journal of the American Medical Association lists monthly meetings
as well.
If you have questions or comments about
NewsFlash, please contact: Bill Kautter at bkautter@kmgnet.com (800-726-5613)
or Public Relations Chair John Daniel at john_daniel@daniel-yeager.com
Please note that letters and comments sent to the publisher are
automatically considered for use in upcoming issues unless you expressly
request that they not be used. You may request that you remain anonymous
in the case that your letter or comments are used. We reserve the right to
edit for brevity and/or clarity.
This eNewsletter is automatically sent to all NAPR members as an added,
free benefit of membership. Non-NAPR Members are invited to subscribe to
this newsletter by contacting Judy Clark at jclark@kmgnet.com.
The National Association of Physician Recruiters (NAPR), headquartered
near Orlando, FL was founded in 1984, for the purpose of creating a
national organization through which professional physician recruiters
could work together to maintain standards of excellence within the
industry and ensure the highest degree of quality in recruitment services.
Today, the NAPR represents over 425 members, including recruitment firms,
in-house staff physician recruiters, as well as contract staffing and
management, trying to make a difference in the physician recruiting
industry.
NAPR, P.O. Box 150127, Altamonte Springs, FL 32715-0127, 800-726-5613.
The 2004 Fall Fly-In will be in Ft. Lauderdale, November
11 & 12. The meeting starts Thursday, November 11, with a
reception and dinner at 7:00 p.m. The Fall Fly-In ends Friday, November
12, with adjournment at 5:00 p.m.
THURSDAY, November 11,
2004
4:30 p.m. – 6:30 p.m.: Registration Open
The President's
Reception and Dinner
7:00 p.m. – 7:30 p.m.: Reception
7:30 p.m. –
9:30 p.m.: Dinner & Entertaining speaker
6:00 a.m. – 7:30 a.m.: Exhibit Hall
Set-Up
7:30 a.m. – 3:30 p.m.: Exhibit Hall Open
7:30 a.m. – 3:30
p.m.: Registration Open
7:30 a.m. – 8:00 a.m.: Continental Breakfast
with Exhibitors
8:00 a.m. – 5:00 p.m.: Educational Sessions
5:00
p.m.: Conference Adjourns
Join our August Sizzling Specialty
Mailer for 2004
7,000
Pieces For Only $750.00!!
This mailing will be sent to
7,000 Internist (MD’s & DO’s, AMG’s – and only to those who declare
their specialty as general Internal Medicine, not subspecialties) all
across the United States. Internists are some of the most versatile
physicians in practice today. Reach them out by advertising your JOB
LISTINGS. Each participating member may advertise jobs, 10 Internal
Medicine positions, totaling no more than 250 words for all your listings
combined.
THE EXTREMELY MARKETABLE
SPECIALTY OF
17,343
Pieces For Only $1,750!!
Nowhere else can you mail to the
majority of Cardiologists at this savings.
Total Specialty Cardiology Signup Form (PDF)
2005 Convention
New Orleans
2005 Fall Fly-In
Baltimore, Minneapolis, or St. Louis
2006 Convention
San Antonio
2006 Fall Fly-In
Nashville
2007 Convention
Washington, D.C.
2007 Fall Fly-In
Atlanta
September 12 – 15, Miami Beach, FL
September 19 – 22, Miami Beach, FL
October 3 – 6, Tucson, AZ
October 3 – 6, San Francisco, CA
October 7 – 9, Atlanta, GA
October 17 – 19, San Francisco, CA
October 23 – 27, Las Vegas, NV
November 7 – 9, New Orleans, LA
November 13 – 17, New Orleans, LA
November 18 – 21, San Diego, CA
November 28 – December 3, Chicago, IL