Presidential Executive Order Poses Problems for Pathology Workforce

President Trump on June 22 signed an executive order extending the current ban on green cards issued outside the United States and adding restrictions on temporary work visas, such as the H-1B, H-4 and J-1 visas, through the end of 2020. The executive order does not affect individuals who have valid visas or those currently in the United States.

As medical specialties go, pathology and laboratory medicine is relatively reliant on foreign workers. The order does include an exemption for individuals who are “involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized” or “are involved with the provision of medical research at United States facilities to help the United States combat COVID-19.” However, it is unclear how encompassing the government will interpret the medical professional exemption, including whether it will cover family members currently abroad. It could still be disruptive to pathology and clinical laboratory operations, as well as pathology and laboratory professionals and their families.

According to data from the National Resident Matching Program, approximately one-third of pathology medical residents are non-U.S. citizen International Medical Graduates, mostly utilizing the J-1 Exchange Visitor Program. That said, ASCP has verified that the current executive order does not apply to individuals seeking entry under the J-1 professor, research scholar, short-term scholar, college or university student (medical student), or Educational Commission for Foreign Medical Graduates-alien physician categories. Moreover, data from ASCP’s 2018 Vacancy Survey indicates that approximately 20 percent of U.S. clinical laboratories utilized the services of foreign-born, non-physician laboratory professionals when they are unable to recruit qualified U.S. citizens to fill these jobs.

Extensions of H-1B visas for qualified candidates are still attainable; however, the process is expected to be more laborious. Individuals currently in the U.S. on H-1B, H-4 visa, or J-1 should still be able to travel outside the U.S. though they should consult with an immigrant adviser or attorney in advance.

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