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There are things in employment contracts that every doctor should pay attention to. However, when you are on a visa waiver, that list can be a bit different.
The specific requirements for your employment contract can change based on the type of waiver for which you’re applying and the program through which you are applying. Here are some tips for reviewing and negotiating your contract when you’re on a visa waiver.
Work With An Immigration Attorney
Whether you are on a waiver or not, I always recommend having your contract reviewed by an attorney. I also recommend that doctors on visa waivers work with an attorney who specializes in immigration law who can manage the application process and offer advice on how to receive favorable determinations.
Experienced immigration attorneys can also advise you on the programs to which you should apply for the best chances – J-1, H1-B, O-1, Conrad 30, etc. The requirements for each type of waiver are different, so it’s important to work with someone who can provide some guidance.
In many cases, your potential employer will have an immigration attorney with whom they typically work. I suggest asking to be put in touch with him or her during the interview and/or negotiating process. This will help you understand what’s needed and give you the opportunity to build a relationship.
Consider Termination Clauses
I encourage most physicians to be sure that their contracts allow for termination without cause during the initial term. It’s important to have options and to have the ability to get out of your contract if something changes in your own life.
However, this flexibility is not necessarily a good thing for doctors on a visa waiver. Physicians on a J-1 waiver are required to work in a federally designated underserved area for three years. While it might be possible to transfer to another facility during that three-year period, it is certainly not preferred.
Similarly, H-1B waivers typically last for three years but can be extended for up to six years. These two waivers are the most applied for by doctors, but other waivers may also have time requirements.
Because of that, many doctors who are on a visa waiver may prefer a contract that is guaranteed for the time required by their waiver. Like with almost everything else in a contract, the termination provisions need to work for you.
Know Who Is Paying
It is allowable and very typical for employers to pay for the filing fees and attorney fees associated with waiver filings. However, employers are not required to pay for it. Many times, employers make it clear in verbal discussions that they will cover these costs, sometimes only to a certain point.
If this is not made clear in the contract, then the employer will not be required to do so. This is all the more true when it comes to covering the cost for applications for family members and/or dependents. If the employer is unwilling to include this language in your employment contract, you may wish to ask for a letter agreement or agreement with the immigration attorney to be attached to your document.
Specify Location & Hours
The federal government requires certain details about employment to be included in contracts when the doctor is applying for a waiver. The location (or locations) at which a doctor will be practicing must be clearly stated in the contract. Often, this location must be in an area that is federally designated as a medically underserved area.
If you will be practicing at multiple locations – even if one location is only to take call – all locations must be listed. If that location moves or changes, the filing must be amended.
Doctors on waivers are also expected to work full-time, which the government defines as a minimum of 40 hours per week. While on a waiver, you may not have the option to work as a lesser FTE.
Reject Non-Competes
For your position to qualify for a waiver, your employer typically has to provide that there is a bona-fide need within the area they serve. There are several ways of doing this, including providing proof of previous recruiting efforts, posting the job and reporting about the lack of applicants, etc.
Because of this need, employers are not allowed to include a non-compete in the same contract. They have just made it clear that you are needed in the community, so they cannot do anything which would restrict your ability to practice in that community.
Don’t Be Afraid To Negotiate
I’ve worked with many doctors who, because they are applying for a visa waiver, feel like their hands are tied. They know that not all employers are willing or able to support waivers, so they don’t want to jeopardize their position.
I understand the sentiment, and I do think it’s wise to consider the other options available to you. However, remember that this position qualifies because there is a need. You should not hesitate to ask for what you want. Even if all of your requests are not met, at least you will know that you got their best deal and didn’t leave anything on the table.
Work With An Expert To Negotiate Your Contract
If you need support in navigating your contract, Panacea Legal is here to help. Their experienced contract attorneys can help you review, understand, and negotiate your contract. Learn more and begin your contract review today.
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The information shared on this website does not constitute legal advice and does not create an attorney-client relationship.
