Lawyer: Immigration policy reforms would address healthcare staffing shortages
Kathleen Campbell Walker, JD, chair of the immigration practice group at Dickinson Wright and former president of the American Immigration Lawyers Association (AILA), has testified before U.S. congressional committees and state legislative committee to urge lawmakers to address outdated immigration policies that are exacerbating the healthcare staffing crisis in the U.S. In a recent interview with Health Exec, Walker emphasized that current immigration caps and bureaucratic hurdles are significant barriers to attracting and retaining foreign healthcare professionals, especially physicians.
The U.S. immigration system policies are ill-equipped to meet the nation’s growing demand for healthcare workers, and expanding the number of visas for foreign healthcare workers and doctors is in the national interest. She said the U.S. healthcare system is moving towards a shortage of clinicians that expand the waiting periods it takes to see a doctor.
“We have mechanisms for people of truly extraordinary ability to come to the United States, but they are still subject to these annual caps. If we have this critical need, shouldn’t we have the latitude to apply an exception to our typical annual cap?,” Walker explained.
One of the key challenges Walker identified is the restrictive nature of the H-1B visa category, which many foreign physicians rely on after completing their J-1 status. While certain physicians under the Conrad 30 Waiver Program are exempt from the H-1B cap, Walker argued that broader exemptions are necessary. She proposed a system where states could document their specific healthcare needs and apply for cap exemptions based on shortages. "If a governor can demonstrate a need in their state, why can't that be a basis for us to react in a logical way?," Walker questioned.
The complexity and length of the immigration process for healthcare professionals also present significant barriers.
“I can’t begin to tell you the complexity of immigration around the physician area. The process is incredibly bureaucratic, and the timing is challenging,” Walker noted. She pointed out that adjudications by U.S. Citizenship and Immigration Services (USCIS) are currently experiencing some of the longest delays in years, even as filing fees have increased substantially.
Walker also criticized the recent imposition of a $600 asylum program fee on employment-based sponsors, arguing that it unfairly burdens those trying to address the nation’s healthcare needs.
"Is it really the employment-based sponsors that are at fault concerning the inability to address our border security issues? It was a very bad decision," she asserted.
To address these issues, Walker proposed the creation of a dedicated position within the White House at a secretary level, who could be tasked with coordinating immigration policies to meet specified U.S. employment needs, particularly in healthcare.
“There’s a way to do it,” Walker said. “We desperately need someone to make it work better.”
Unfortunately, she said immigration in Congress has become highly politicized and most politicians do not want to be seen as opening the doors to more migrants. This has largely stalled policy reforms for years. However, Walker said there is a big difference between illegal immigration and highly trained professions that want to come here and help solve a severe shortage and they are prevented from doing so because of policy set decades ago.
"The U.S. really doesn't want to deal with an increase in immigrant visa numbers, no matter if it's for the Nobel laureate or if it's for the potential researcher who might be able to provide a critical cure to cancer or Alzheimer's," Walker added.
As the healthcare staffing crisis continues to grow, the call for immigration policy reform is becoming increasingly urgent. With experts like Walker advocating for change, the pressure is mounting on lawmakers in Washington to take action.
Find more details on how federal policies preventing physician from immigrating to the U.S. and how states might be able to alleviate shortages in their areas in the video Immigration barriers prevent solution to healthcare staffing shortages.
Dave Fornell has covered healthcare for more than 17 years, with a focus in cardiology and radiology. Fornell is a 5-time winner of a Jesse H. Neal Award, the most prestigious editorial honors in the field of specialized journalism. The wins included best technical content, best use of social media and best COVID-19 coverage. Fornell was also a three-time Neal finalist for best range of work by a single author. He produces more than 100 editorial videos each year, most of them interviews with key opinion leaders in medicine. He also writes technical articles, covers key trends, conducts video hospital site visits, and is very involved with social media. E-mail: dfornell@innovatehealthcare.com