SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Physician Visa Reform 
Act of 2018’’. 
SEC. 2. ALIEN PHYSICIANS SERVING IN AREAS THAT HAVE 
A SHORTAGE OF HEALTH CARE PROFES-
SIONALS. 
(a) WAIVER OF REQUIREMENT THAT ALIEN PHYSI-
CIANS
PASS
BOARD
EXAMINATION.—Section 
212(a)(5)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(5)(B)) is amended by inserting after ‘‘has 
passed parts I and II of the National Board of Medical 
Examiners Examination (or an equivalent examination as 
determined by the Secretary of Health and Human Serv-
ices)’’ the following: ‘‘or has been approved by a State 
physician licensing authority to practice medicine in an 
area designated by the Secretary of Health and Human 
Services as having a shortage of health care profes-
sionals’’. 
(b) ADJUSTMENT
OF STATUS.—The Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended 
by inserting after section 216A the following: 
‘‘SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS 
FOR ALIEN PHYSICIANS SERVING IN AREAS 
THAT HAVE A SHORTAGE OF HEALTH CARE 
PROFESSIONALS. 
‘‘(a) IN GENERAL.— 
VerDate Sep 11 2014 
23:03 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6123.IH
H6123
sradovich on DSK3GMQ082PROD with BILLS
‘‘(1) CONDITIONAL BASIS FOR STATUS.—Not-
withstanding any other provision of this Act, a cov-
ered alien physician, an alien spouse, and alien child, 
shall be considered, at the time of obtaining the sta-
tus of an alien lawfully admitted for permanent resi-
dence, to have obtained such status on a conditional 
basis subject to the provisions of this section. 
‘‘(2) NOTICE OF REQUIREMENTS.— 
‘‘(A) AT TIME OF OBTAINING PERMANENT 
RESIDENCE.—At the time an alien described in 
paragraph (1) obtains permanent resident sta-
tus on a conditional basis under paragraph (1), 
the Secretary of Homeland Security shall pro-
vide for notice to such alien respecting the pro-
visions of this section and the requirements of 
subsection (c)(1) to have the conditional basis 
of such status removed. 
‘‘(B) AT TIME OF REQUIRED PETITION.— 
In addition, the Secretary of Homeland Secu-
rity shall attempt to provide notice to such an 
alien at or about the beginning of the 90-day 
period described in subsection (d)(2)(A), of the 
requirements of subsection (c)(1). 
‘‘(C) EFFECT
OF
FAILURE
TO
PROVIDE 
NOTICE.—The failure of the Secretary of 
VerDate Sep 11 2014 
23:03 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6123.IH
H6123
sradovich on DSK3GMQ082PROD with BILLS
Homeland Security to provide a notice under 
this paragraph shall not affect the enforcement 
of the provisions of this section with respect to 
such an alien. 
‘‘(b) TERMINATION OF STATUS.— 
‘‘(1) IN GENERAL.—In the case of a covered 
alien physician with permanent resident status on a 
conditional basis under subsection (a), if the Sec-
retary of Homeland Security determines, before the 
second anniversary of the alien’s obtaining the sta-
tus of lawful admission for permanent residence, 
that the alien was not practicing medicine in an area 
described in subsection (a)(1), then the Secretary of 
Homeland Security shall so notify the alien involved 
and, subject to paragraph (2), shall terminate the 
permanent resident status of the alien (and the alien 
spouse and alien child) involved as of the date of the 
determination. 
‘‘(2) HEARING IN REMOVAL PROCEEDING.—Any 
alien whose permanent resident status is terminated 
under paragraph (1) may request a review of such 
determination in a proceeding to remove the alien. 
In such proceeding, the burden of proof shall be on 
the Secretary of Homeland Security to establish, by 
VerDate Sep 11 2014 
23:03 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6123.IH
H6123
sradovich on DSK3GMQ082PROD with BILLS
a preponderance of the evidence, that a condition de-
scribed in paragraph (1) is met. 
‘‘(c) REQUIREMENTS
OF TIMELY PETITION
AND 
INTERVIEW FOR REMOVAL OF CONDITION.— 
‘‘(1) IN GENERAL.—In order for the conditional 
basis established under subsection (a) for an alien 
described in paragraph (1) of that subsection to be 
removed— 
‘‘(A) the alien must submit to the Sec-
retary of Homeland Security, during the period 
described in subsection (d)(2), a petition which 
requests the removal of such conditional basis 
and which states, under penalty of perjury, the 
facts and information described in subsection 
(d)(1); and 
‘‘(B) in accordance with subsection (d)(3), 
the alien must appear for a personal interview 
before an officer or employee of the Department 
of Homeland Security respecting the facts and 
information described in subsection (d)(1). 
‘‘(2) TERMINATION OF PERMANENT RESIDENT 
STATUS FOR FAILURE TO FILE PETITION OR HAVE 
PERSONAL INTERVIEW.— 
VerDate Sep 11 2014 
23:03 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6123.IH
H6123
sradovich on DSK3GMQ082PROD with BILLS
‘‘(A) IN GENERAL.—In the case of an alien 
with permanent resident status on a conditional 
basis under subsection (a), if— 
‘‘(i) no petition is filed with respect to 
the alien in accordance with the provisions 
of paragraph (1)(A); or 
‘‘(ii) unless there is good cause shown, 
the alien fails to appear at the interview 
described in paragraph (1)(B) (if required 
under subsection (d)(3)), 
the Secretary of Homeland Security shall termi-
nate the permanent resident status of the alien 
(and the alien’s spouse and children if it was 
obtained on a conditional basis under this sec-
tion or section 216) as of the second anniver-
sary of the alien’s lawful admission for perma-
nent residence. 
‘‘(B) 
HEARING
IN
REMOVAL
PRO-
CEEDING.—In any removal proceeding with re-
spect to an alien whose permanent resident sta-
tus is terminated under subparagraph (A), the 
burden of proof shall be on the alien to estab-
lish compliance with the conditions of para-
graphs (1)(A) and (1)(B). 
VerDate Sep 11 2014 
23:03 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6123.IH
H6123
sradovich on DSK3GMQ082PROD with BILLS
‘‘(3) DETERMINATION
AFTER
PETITION
AND 
INTERVIEW.— 
‘‘(A) IN GENERAL.—If— 
‘‘(i) a petition is filed in accordance 
with the provisions of paragraph (1)(A); 
and 
‘‘(ii) the alien appears at any inter-
view described in paragraph (1)(B), the 
Secretary of Homeland Security shall make 
a determination, within 90 days of the date 
of such filing or interview (whichever is 
later), as to whether the facts and infor-
mation described in subsection (d)(1) and 
alleged in the petition are true. 
‘‘(B) REMOVAL OF CONDITIONAL BASIS IF 
FAVORABLE DETERMINATION.—If the Secretary 
of Homeland Security determines that such 
facts and information are true, the Secretary of 
Homeland Security shall so notify the alien in-
volved and shall remove the conditional basis of 
the alien’s status effective as of the second an-
niversary of the alien’s lawful admission for 
permanent residence. 
‘‘(C) TERMINATION
IF
ADVERSE
DETER-
MINATION.—If the Secretary of Homeland Se-
VerDate Sep 11 2014 
22:47 Jun 22, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6123.IH
H6123
sradovich on DSK3GMQ082PROD with BILLS
curity determines that such facts and informa-
tion are not true, the Secretary of Homeland 
Security shall so notify the alien involved and, 
subject to subparagraph (D), shall terminate 
the permanent resident status of the covered 
alien physician, alien spouse, or alien child as of 
the date of the determination. 
‘‘(D) 
HEARING
IN
REMOVAL
PRO-
CEEDING.—Any alien whose permanent resident 
status is terminated under subparagraph (C) 
may request a review of such determination in 
a proceeding to remove the alien. In such pro-
ceeding, the burden of proof shall be on the 
Secretary of Homeland Security to establish, by 
a preponderance of the evidence, that the facts 
and information described in subsection (d)(1) 
and alleged in the petition are not true. 
‘‘(d) DETAILS OF PETITION AND INTERVIEW.— 
‘‘(1) CONTENTS OF PETITION.—Each petition 
under subsection (c)(1)(A) shall contain facts and 
information demonstrating that the alien— 
‘‘(A) is practicing medicine in an area des-
ignated by the Secretary of Health and Human 
Services as having a shortage of health care 
professionals; and 
VerDate Sep 11 2014 
22:47 Jun 22, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6123.IH
H6123
sradovich on DSK3GMQ082PROD with BILLS
‘‘(B) has passed parts I and II of the Na-
tional Board of Medical Examiners Examina-
tion (or an equivalent examination as deter-
mined by the Secretary of Health and Human 
Services). 
‘‘(2) PERIOD FOR FILING PETITION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the petition under subsection 
(c)(1)(A) may be filed— 
‘‘(i) during the 90-day period before 
the second anniversary of the alien’s lawful 
admission for permanent residence; or 
‘‘(ii) if earlier than the beginning of 
the time period described in clause (i), 
after the date on which the alien passes 
parts I and II of the National Board of 
Medical Examination (or an equivalent ex-
amination as determined by the Secretary 
of Health and Human Services). 
‘‘(B) 
DATE
PETITIONS
FOR
GOOD 
CAUSE.—Such a petition may be considered if 
filed after such date, but only if the alien estab-
lishes to the satisfaction of the Secretary of 
Homeland Security good cause and extenuating 
circumstances for failure to file the petition 
VerDate Sep 11 2014 
23:03 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6123.IH
H6123
sradovich on DSK3GMQ082PROD with BILLS
during the period described in subparagraph 
(A). 
‘‘(C) FILING OF PETITIONS DURING RE-
MOVAL.—In the case of an alien who is the sub-
ject of removal hearings as a result of failure 
to file a petition on a timely basis in accordance 
with subparagraph (A), the Secretary of Home-
land Security may stay such removal pro-
ceedings against an alien pending the filing of 
the petition under subparagraph (B). 
‘‘(3) PERSONAL
INTERVIEW.—The interview 
under subsection (c)(1)(B) shall be conducted within 
90 days after the date of submitting a petition under 
subsection (c)(1)(A) and at a local office of the De-
partment of Homeland Security, designated by the 
Secretary, which is convenient to the parties in-
volved. The Secretary, in the Secretary’s discretion, 
may waive the deadline for such an interview or the 
requirement for such an interview in such cases as 
may be appropriate. 
‘‘(e) TREATMENT
OF PERIOD
FOR PURPOSES
OF 
NATURALIZATION..—For purposes of title III, in the case 
of an alien who is in the United States as a lawful perma-
nent resident on a conditional basis under this section, the 
alien shall be considered to have been admitted as an alien 
VerDate Sep 11 2014 
23:03 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6123.IH
H6123
sradovich on DSK3GMQ082PROD with BILLS
lawfully admitted for permanent residence and to be in 
the United States as an alien lawfully admitted to the 
United States for permanent residence. 
‘‘(f) REMOVAL
OF REQUIREMENT TO PRACTICE 
MEDICINE
IN
AN AREA THAT HAS
A SHORTAGE
OF 
HEALTH CARE PROFESSIONALS.—The requirement to 
practice medicine in an area designated by the Secretary 
of Health and Human Services as having a shortage of 
health care professionals shall not apply to an alien after 
the date on which the conditional basis for permanent resi-
dent status is removed pursuant to subsection (c)(1). 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered alien physician’ means 
an alien admitted to the United States under section 
203(b)(2) during the 10-year period beginning on 
the date of the enactment of this section to practice 
medicine who has not passed parts I and II of the 
National Board of Medical Examiners Examination 
(or an equivalent examination as determined by the 
Secretary of Health and Human Services) by reason 
of having been approved by a State physician 
licencing authority to practice medicine in an area 
designated by the Secretary of Health and Human 
Services as having a shortage of health care profes-
sionals. 
VerDate Sep 11 2014 
23:03 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6123.IH
H6123
sradovich on DSK3GMQ082PROD with BILLS
‘‘(2) The term ‘alien spouse’ and the term ‘alien 
child’ mean an alien who obtains the status of an 
alien lawfully admitted for permanent residence 
(whether on a conditional basis or otherwise) by vir-
tue of being the spouse or child, respectively, of a 
covered alien physician.’’. 
(c) CONFORMING AMENDMENTS.—The Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended— 
(1) in section 203(b)(2)(B)(ii) (8 U.S.C. 
1153(b)(2)(B)(ii)), by striking subclauses (II), (III), 
and (IV); and 
(2) in section 212(e) (8 U.S.C. 1182(e)), by in-
serting ‘‘perform services as a member of the med-
ical profession or to’’ before ‘‘receive graduate med-
ical education or training’’. 
Æ 
VerDate Sep 11 2014 
23:03 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H6123.IH
H6123
sradovich on DSK3GMQ082PROD with BILLS